Public Policy

  • May 18, 2026

    EPA Rejects Hawaii Haze Plan To Keep Oil-Fired Plants Open

    The Trump administration has rejected Hawaii's plan to comply with national emission standards to limit regional haze, repeating a novel argument that the closure of a fossil fuel-fired power plant as part of the plan appears to be unconstitutional.

  • May 18, 2026

    Feds Say TerrAscend Owes Back $8M Tax Refund

    Multistate cannabis operator TerrAscend erroneously received more than $8 million in tax refunds that should never have been issued because of a federal law that bars traffickers in controlled substances from taking business deductions, the U.S. government said in a new lawsuit.

  • May 18, 2026

    Feds Say BIA Ruling Doesn't Undercut Quick Removal Policies

    The Trump administration told the D.C. Circuit that a recent precedential Board of Immigration Appeals ruling interpreting the meaning of "arrival" and "arrived" should have no bearing on its policies seeking to increase the number of expedited removals.

  • May 18, 2026

    Exxon Tells 9th Circ. Calif.'s Plastic Suit Belongs In Fed. Court

    The state of California's claim that Exxon Mobil Corp. is responsible for plastic pollution belongs in federal court, the petroleum giant told a Ninth Circuit panel during a hearing on Monday, arguing that federal courts have admiralty jurisdiction because the litigation targets pollution in navigable waters, among other alleged injuries.

  • May 18, 2026

    Calif. AG Previews Live Nation Remedies At Democratic Forum

    California Attorney General Rob Bonta, one of the state attorneys general in a coalition of states that recently won a jury verdict finding Live Nation illegally established a monopoly over the live music industry, said Monday the next step is a structural overhaul of the conglomerate.

  • May 18, 2026

    AT&T Seeks FCC's OK To Change Covered Routers

    AT&T is asking the Federal Communications Commission to greenlight hardware changes to foreign-made routers, which the agency recently placed on the covered list, arguing the artificial intelligence boom has created a shortage that makes getting replacements difficult.

  • May 18, 2026

    Fla. Court Tosses Pricing Suit Against Textbook Publishers

    A Florida court tossed a qui tam action alleging that McGraw Hill and another educational publisher billed Sunshine State schools for educational materials at disparate costs in violation of the "best pricing" statute, ruling that the law only applies to interstate sales. 

  • May 18, 2026

    NC Says Open-Court Gun Review Didn't Prevent Fair Trial

    A North Carolina trial court did not violate state rules when it allowed jurors, at their request, to view in open court a weapon in connection with a case against a man accused of gun and drug charges, state lawyers have told the North Carolina Supreme Court.

  • May 18, 2026

    Ex-Detainees Say NC Sheriff Withholding Data In ECourts Row

    Counsel for a putative class of individuals who allege they were wrongfully arrested or detained due to glitches in the state's electronic court system told a North Carolina federal court during a Monday hearing that a county sheriff's office is delaying the release of its own records.

  • May 18, 2026

    Pa. High Court Snapshot: Wegmans, PennDot Top May Lineup

    The Pennsylvania Supreme Court's May session begins Tuesday with an argument whether the state's Department of Transportation can be sued over a tree branch that fell onto a state road, even though the tree itself was growing from Southeastern Pennsylvania Transportation Authority property.

  • May 18, 2026

    Debate Ramps Up Over Prison Cellphone Jamming

    Two GOP lawmakers say the Federal Communications Commission isn't moving fast enough to complete a rule that would effectively let state prisons and jails jam contraband cellphones, but industry pushback remains strong.

  • May 18, 2026

    Minn. Lawmakers OK Federal Conformity, Property Tax Relief

    Minnesota would conform with several changes to the federal tax code and extend its workaround of the cap on corporate deductions for state and local taxes under an omnibus tax package approved by lawmakers and heading to Gov. Tim Walz.

  • May 18, 2026

    Live Nation, Club Hit With $50M Suit Over Wrong-Way Death

    Employees of the House of Blues Boston over-served alcohol to a patron who subsequently hit and killed another driver in a wrong-way crash, a $50 million wrongful death lawsuit filed Monday in Massachusetts state court alleges.

  • May 18, 2026

    Former USPTO Directors Diverge On Patent Injunctions

    The debate over the role of injunctions in patent cases remains active in the U.S., and European leaders shouldn't think that there is a "consensus" in the country, said former U.S. Patent and Trademark Office Director Kathi Vidal.

  • May 18, 2026

    Hawaiian Scholarship Suit Imperils $2.2M In Work, Court Told

    An Indigenous nonprofit is seeking to intervene as a defendant in a constitutional challenge to the Native Hawaiian Health Scholarship Program, telling a federal district court that the litigation threatens $2.2 million of annual work that's central to its mission and will impede ongoing collaborations for the upcoming fiscal year.

  • May 18, 2026

    CIT Says Commerce Must Better Explain Garlic Duty Evasion

    The U.S. Department of Commerce failed to explain why it found preserved and cut garlic chunks to be avoiding an antidumping duty placed on fresh garlic cloves imported from China, and it must provide more detail behind its decision on remand, according to an opinion issued by the U.S. Court of International Trade.

  • May 18, 2026

    Ex-FCC Official Urges Agency To Bring USF Billing In-House

    A former top Federal Communications Commission official says it's time for an overhaul of how the agency runs the Universal Service Fund with reforms that should include bringing the program's billions of dollars in yearly revenue collections in-house.

  • May 18, 2026

    FCC Commish Focuses On Spectrum In Trips Around Globe

    Commissioner Olivia Trusty of the Federal Communications Commission has kept global spectrum policy at top of mind, and her travel schedule shows it.

  • May 18, 2026

    Trump Seeks Circuit Seats For 2 Judges He Appointed

    President Donald Trump's recent picks for the Eighth and Tenth Circuits mark the first time in his second administration that he's seeking to elevate judges he appointed in his first term.

  • May 18, 2026

    Pullman & Comley Pans 'Absurd' Challenge To Tax Sale

    Pullman & Comley LLC has urged a Connecticut state judge to dismiss a challenge to its representation of the town of Woodstock's tax collector, saying a resident who owes money has pressed "the absurd claim that a municipality is forbidden from retaining counsel to assist in its collection of municipal taxes."

  • May 18, 2026

    Holland & Knight Taps Wiley Leader As Telecom Chair

    Holland & Knight LLP announced Monday it has hired the former co-chair of Wiley's wireless practice in Washington to take the reins of the Tampa, Florida-headquartered firm's telecommunications, media and technology team as chair.

  • May 18, 2026

    ADA Suit Can't Seek Rewrite Of Psilocybin Law, Ore. Says

    Oregon's health regulator has urged a federal judge to reject a bid to expand access to regulated psilocybin services to homebound patients, saying the relief sought by plaintiffs would mark a "fundamental alteration" of the program.

  • May 18, 2026

    DOE's Wright Extends Mich. Coal Plant's Life Into 2nd Year

    U.S. Secretary of Energy Chris Wright on Monday extended into a second year the life of a Michigan coal-fired power plant slated for closure, just days after the D.C. Circuit considered whether such moves are a lawful use of Wright's emergency authority.

  • May 18, 2026

    Feds Move To Drop Adani Group Chair's Bribery Charges

    Federal prosecutors moved Monday to permanently dismiss criminal charges accusing Adani Group Chairman Gautam S. Adani and seven others of orchestrating a $250 million bribery scheme to secure lucrative Indian government renewable-energy contracts, while misleading investors about the dealings of an Adani Group subsidiary.

  • May 18, 2026

    Justices Deny Eli Lilly's Qui Tam Constitutional Challenge

    The U.S. Supreme Court on Monday declined to review Eli Lilly's $183 million trial loss to a whistleblower who claimed the drugmaker knowingly defrauded the government by underpaying Medicaid drug rebates.

Expert Analysis

  • Ch. 11 Ruling Raises Bar For Avoiding Default Interest

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    Following a New York bankruptcy court's recent decision in 33 Mako, solvent debtors may find it significantly harder to avoid paying contractual default interest to oversecured lenders under Section 506(b) of the Bankruptcy Code, say attorneys at Benesch.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

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    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • 'Mobile' Sources For On-Site Generation May Be A Risky Bet

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    The U.S. Environmental Protection Agency is considering treating large on-site generators used at data centers as mobile rather than stationary sources under the Clean Air Act, a significant policy change that would leave developers that adopt this solution at risk of regulatory reversals, say attorneys at Ballard Spahr.

  • AI Investment Advice May Fail Investor Protection Rules

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    Based on an ongoing study of artificial intelligence platforms' investment advice given to retail investors, direct access to AI may not yield recommendations for typical households that are suitable under relevant securities rules, raising new and important issues in the regulation of financial markets, says Bruce Carlin at Rice University.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • AG Watch: Reconciling 2 Maryland Data Privacy Statutes

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    In-house counsel should map the interplay between the Maryland Online Data Privacy Act's strictly necessary standard to deliver a requested service, and the Protection From Predatory Pricing Act's exemption of consent-based pricing within loyalty programs, before the state attorney general begins enforcement on the latter in October, says Erek Barron at Mintz.

  • EPA Listing Signals New Scrutiny Of Drugs In Drinking Water

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    The recent publication of the U.S. Environmental Protection Agency's latest draft drinking water contaminant list highlights pharmaceuticals as a category of concern, marking the start of a process that could shape future research priorities, monitoring requirements, and federal and state actions, say attorneys at Morgan Lewis.

  • New Cuba Sanctions Raise Risks For Foreign Banks, Cos.

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    President Donald Trump's bold move leveling secondary sanctions against Cuba expands enforcement risk for foreign banks and companies with no U.S. nexus, signaling that non-U.S. businesses should reassess related transactions, counterparties and exposure as regulators test this broader authority, say attorneys at Troutman.

  • SEC Clarifies 'Baby Shelf' Restrictions For Small Cos.

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    For smaller public companies looking to access the capital markets, the so-called baby shelf requirements can be a significant limitation, but recent guidance from the U.S. Securities and Exchange Commission helps to alleviate the effect of subsequent baby shelf restrictions on an at-the-market facility, say attorneys at Faegre Drinker.

  • Nexstar Offers A Cautionary Tale On State-Level Deal Scrutiny

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    State-enforcement challenges to the $6.2 billion Nexstar-Tegna merger remind legal practitioners that federal approval isn't always sufficient to deliver certainty on closing, integration and timetable assumptions, says Brett Story at Britehorn Securities.

  • How 'Bundling' Enforcement Is Parsing Efficiency, Access

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    Recent antitrust enforcement actions have taken a selective view of companies' bundling of products or services — challenging it when it shuts out rivals, but tolerating it when it creates efficient scale — making the real test now less about lower prices than about whether competition is being blocked, says attorney Alan Kusinitz.

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