Public Policy

  • September 17, 2026

    SEC Issues Innovation Exemption For Tokenized Stock Trading

    The U.S. Securities and Exchange Commission on Thursday unveiled its long-awaited innovation exemption, permitting certain crypto projects and liquidity providers to support tokenized stock trading for a five-year period without registering as exchanges or dealers.

  • September 16, 2026

    Post-Cambridge Analytica Investigation Unserious, Jury Told

    New Mexico jurors heard testimony Wednesday from a former Facebook employee that the social media giant's investigation of third-party app developers after the Cambridge Analytica scandal was weakened by executive anger over the cost and pressure for it to wrap up, among other things.

  • September 16, 2026

    Express Scripts Seeks To Exit AIDS Group's Drug Rate Suit

    Express Scripts called on a Washington federal judge to toss a lawsuit accusing it of using its market power to bully the AIDS Healthcare Foundation into accepting lower reimbursement rates for life-saving drugs, contending Tuesday that the case rehashes allegations a Missouri federal court has already rejected twice.

  • September 16, 2026

    Protesters Say Feds' Fight Shows Need For Misconduct Probe

    The U.S. government's opposition to a special investigation of prosecutorial misconduct that "poisoned" a now-dismissed criminal conspiracy case suggests Chicago prosecutors are still shielding critical details regarding the extent of official communications preceding the prosecution, underscoring the probe's necessity, protesters argued Tuesday.

  • September 16, 2026

    CFTC Probing Carbon Credit Markets, Enforcement Chief Says

    U.S. Commodity Futures Trading Commission Enforcement Director David Miller said Wednesday that the division is investigating carbon credit markets as part of his agency's commitment to policing fraud in emerging markets.

  • September 16, 2026

    Philly Says DraftKings Suit Seeks To Block Consumer Probe

    Philadelphia has urged a Pennsylvania federal judge to throw out DraftKings' suit challenging the city's consumer protection ordinance, telling the court that although it's investigating how the online betting platform markets its product to residents, the complaint is premature since the city hasn't taken any enforcement action.

  • September 16, 2026

    Senate Committee OKs Free Speech Bill Despite AI Worries

    A bipartisan bill aimed at preventing the government from leaning on media companies to suppress the speech of third parties made it through committee Wednesday morning, but not until the leadership of the U.S. Senate Commerce Committee went head-to-head with each other on the matter.

  • September 16, 2026

    FCC Members See Progress On Opening Gov't Spectrum

    Federal Communications Commission leaders on Wednesday touted progress toward the government's goal of transitioning unused federally held airwaves to the private sector to spur wireless industry growth.

  • September 16, 2026

    Okla. Mothers Contest Abortion Ban In Fatal Fetal Cases

    A pair of mothers urged an Oklahoma state court Wednesday to bar the state from criminalizing abortion care for pregnant individuals who learn their fetus won't survive birth, arguing that doing so violates fundamental rights under Oklahoma's constitution.

  • September 16, 2026

    FIU Students Say Administrators Knew About Protest Rights

    Florida International University administrators aren't immune from claims they violated student's speech rights by disciplining them for protesting against federal immigration enforcement tactics because they were well aware of U.S. Supreme Court precedent protecting students' speech rights, the students said Tuesday.

  • September 16, 2026

    Conn. Agency Rejects Avangrid Units' Bids For Higher Rates

    Connecticut's Public Utilities Regulatory Authority decreased rates for Avangrid Inc. subsidiaries Connecticut Natural Gas Corp. and Southern Connecticut Gas in a pair of decisions issued after a state judge remanded prior decisions on their rate amendment applications for additional proceedings.

  • September 16, 2026

    WSU Says It Had No Duty To Stop Idaho Murders

    Washington State University urged a federal judge Tuesday to dismiss a lawsuit from families of four University of Idaho students killed by a WSU teaching assistant, arguing that the university had no obligation to stop Bryan Kohberger from committing the murders while he was off duty and across state lines.

  • September 16, 2026

    Utah Tribe Loses Repeated Bids To End Water Suit In Its Favor

    A Utah federal court has denied a Native American tribe's motion for default judgment and motion for entry of default against a group of farm companies in a water-use lawsuit, ruling the tribe's separate bid for summary judgment conflicts with the other two motions.

  • September 16, 2026

    State Farm Plans Calif. Return For Fire-Hardened Homes

    More than three years after announcing it would no longer sell new homeowners insurance policies in California, State Farm has filed plans to begin writing new policies for Golden State homeowners who have made their properties more resilient to wildfire, according to news releases issued Wednesday.

  • September 16, 2026

    War In Iran Has Cost Pentagon $38B, CBO Report Says

    The Congressional Budget Office said in a report that the ongoing armed conflict between the United States and Iran has cost the U.S. Department of Defense an estimated $38 billion and contributed to inflation in the first half of 2026.

  • September 16, 2026

    Texas Justices Press Mall Owner On Mass Shooting Liability

    The Texas Supreme Court justices wanted the owner of an outlet mall in Allen, Texas, that saw a devastating mass shooting to explain why a case brought by the victims should be tossed, saying Wednesday that dismissal might remove incentives for businesses to protect customers.

  • September 16, 2026

    State Bank Supervisor Group Issues AI Exam Framework

    The Conference of State Bank Supervisors on Wednesday unveiled a new oversight framework for artificial intelligence at financial firms, rolling out resources aimed at giving state examiners a common roadmap for reviewing how their regulated institutions are deploying the technology.

  • September 16, 2026

    Tenn. Must Face Adult-Entertainment Groups' Age-Check Suit

    A federal judge in Tennessee has ruled that the state must face a suit from free speech advocates, an individual adult-content creator and adult-entertainment industry groups claiming a state law requiring age checks violates their First Amendment rights.

  • September 16, 2026

    Calif. AI Law Requires Ads To Disclose 'Synthetic Performers'

    Advertisements shown in California that feature artificial intelligence-generated actors must explicitly disclose that such "synthetic performers" were used under a new SAG-AFTRA-backed bill that California Gov. Gavin Newsom signed into law Wednesday.

  • September 16, 2026

    9th Circ. Greenlights Blocking Kalshi Contracts On Tribal Land

    The Ninth Circuit on Wednesday reversed an order denying California tribes' request for a preliminary injunction seeking to block Kalshi and Robinhood from offering sports-event contracts on tribal lands, finding the tribes will likely win their Indian Gaming Regulatory Act claims, and "this is the 'stuff' of sports betting."

  • September 16, 2026

    DTE Faces Suit Alleging Retaliation Over Fermi 2 Safety Data

    A longtime employee of utility DTE Electric Co.'s Fermi 2 nuclear energy plant has said he was forced out of his job because he reported safety data discrepancies to upper management and human resources, accusing the company of retaliation in Michigan federal court.

  • September 16, 2026

    House Clears Russia Sanctions Bill With New Tariff Powers

    The U.S. House of Representatives approved legislation Wednesday that would enhance President Donald Trump's economic tools to pressure Russia and Iran, including new tariff authorities to impose duties on imports from countries found to economically support Russia, sending the bill to his desk.

  • September 16, 2026

    EPA's Policy Repeals May Spell Exit From Climate Regulation

    The U.S. Environmental Protection Agency's latest move to undo Biden-era greenhouse gas emissions rules lays legal groundwork for the agency to completely abandon climate change regulation, though it remains to be seen whether courts will endorse a full-blown retreat.

  • September 16, 2026

    Kroger Faces Skepticism In Bid To Slash Wash. AG's Fee Win

    A Washington appellate judge expressed skepticism Wednesday at Kroger's bid to dismiss or reduce the state's $28.4 million fee award for successfully challenging the proposed merger with Albertsons, saying Kroger doesn't know how the Washington State Attorney General's Office split the work with the lead law firm that handled the bench trial.

  • September 16, 2026

    Judge Extends Supervision Over Migrant Teen Detention

    A D.C. federal court has said it'll continue to supervise the federal government after finding it repeatedly failed to make individualized determinations on whether certain migrant teenagers should be placed in a less restrictive alternative to adult immigration detention upon turning 18.

Expert Analysis

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

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    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

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