Public Policy

  • May 26, 2026

    Trump Admin Wants Fed. Workers To Sign NDAs, Citing Leaks

    President Donald Trump's administration ​on Tuesday announced that it wishes to have federal employees with access to sensitive government information to sign a nondisclosure agreement, citing recent leaks related to immigration enforcement operations and the release of personal information belonging to approximately 4,500 Immigration and Customs Enforcement employees.

  • May 26, 2026

    3rd Circ. Stay Blocks Khalil's Removal For High Court Appeal

    The Third Circuit on Tuesday granted former Columbia student Mahmoud Khalil's request to stay a split panel decision in his immigration case, blocking his detention and removal while he seeks to have the ruling reviewed by the U.S. Supreme Court.

  • May 26, 2026

    Schools Fight New Lead Counsel, Cert. In Aid-Fixing Suit

    Five private universities that have yet to settle with students over the alleged fixing of financial aid offerings argued Tuesday that an Illinois federal judge should deny them class certification rather than allow them to tap different lead counsel after misrepresentations regarding one firm's purportedly contingent casework have come to light.

  • May 26, 2026

    SEC's Atkins Floats Loosening IPO Communication Rules

    U.S. Securities and Exchange Commission Chairman Paul Atkins said Tuesday evening that the agency is in the process of writing rules aimed at encouraging more companies to go public, including by potentially relaxing prohibitions on communication between prospective public companies and investors.

  • May 26, 2026

    6th Circ. Rejects Mich. Reproductive Rights Challenge

    Abortion opponents and several parents lack standing to sue top Michigan officials, the Sixth Circuit said Tuesday, affirming dismissal of a suit challenging the state's voter approved reproductive rights amendment.

  • May 26, 2026

    Wash. Tribal Site Secrecy Cuts Against Injunction, Court Told

    A Washington telephone company says a bid by the Lummi Nation to seal information containing the locations of sensitive archaeological sites undermines the tribe's claims that a preliminary injunction is necessary since maintaining the confidentiality of those locations mitigates the alleged risk of potential looting.

  • May 26, 2026

    Apple, OpenAI Say X Refusing To Allow Some Depositions

    Apple Inc. and OpenAI Inc. told a Texas federal court that X Corp. wrongly stymied their ability to take depositions from X employees amid the social media company's sweeping antitrust suit, saying that X has refused to schedule the required number of depositions.

  • May 26, 2026

    FTC Tells DC Circ. That Meta Monopoly Judge Botched Timing

    The Federal Trade Commission has urged the D.C. Circuit to revive its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram, arguing the district court wrongly held the question of monopoly to when the case went to trial, not when the FTC sued.

  • May 26, 2026

    Copyright Suits Against Jan. 6 Attys Won't Be Tossed

    Attorneys who represented Jan. 6 defendants will have to face a consultant's claims that they copied her jury-attitude report without permission after a D.C. federal judge rejected their arguments that their conduct fell under fair use and the public's right to access court records.

  • May 26, 2026

    FCC Clears Drone Counter System To Deploy At World Cup

    The Federal Communications Commission told an Israeli company the agency's rules do not prohibit law enforcement authorities from using the firm's drone-countering system during the World Cup, but said waivers might be needed for deployment at other events.

  • May 26, 2026

    9th Circ. Ruling Must End Land Transfer Suit, Copper Co. Says

    Resolution Copper Co. is asking a federal court to dismiss an amended religious freedom and constitutional challenge to a Tonto National Forest 2,500-acre land exchange that includes an ancient Apache worship site, arguing it recycles claims that the Ninth Circuit and U.S. Supreme Court have already rejected.

  • May 26, 2026

    Colo. High Court Says Broken Signal Waived City's Immunity

    The Colorado Supreme Court unanimously ruled Tuesday that the City of Colorado Springs isn't immune from a driver's lawsuit claiming the city was negligent for a car accident caused by a malfunctioning traffic light.

  • May 26, 2026

    9th Circ. Backs Reinstating DEI Grants Nixed By Trump

    The Ninth Circuit on Tuesday partially upheld a lower court's preliminary injunction and class certification orders in litigation from University of California researchers against President Donald Trump, backing the reinstatement of grants terminated due to presidential orders against diversity, equity and inclusion initiatives while reversing the injunction for those grants that were rescinded without explanation.

  • May 26, 2026

    Conn. Drug Price Law Still Allows Hikes, 2nd Circ. Told

    Wholesale distributors that abide by Connecticut's drug price cap law can hike the cost of their other products to ensure they don't suffer losses, the state told the Second Circuit Tuesday, raising the ire of the companies trying to invalidate the new statute.

  • May 26, 2026

    Calif. Atty Says Pot Rescheduling Keeps LA Appeal Alive

    A California attorney who has challenged state and local cannabis licensing policies across the country on the grounds that they discriminate against out-of-state players urged the Ninth Circuit not to dispose of his challenge to Los Angeles' social equity program.

  • May 26, 2026

    Importers Tell Justices Trump China Tariff Hikes Went Too Far

    The U.S. Supreme Court's recent decision striking down President Donald Trump's emergency tariff regime should encourage the justices to consider and overrule lower courts' judgments upholding China tariffs and subsequent modifications made to them during his first term, importers said Tuesday.

  • May 26, 2026

    Public Interest Groups Oppose FCC TV Ratings Revamp

    Several public interest groups have filed comments opposing the Federal Communications Commission's proposed update of the TV content ratings that would warn consumers when a program may include transgender or nonbinary characters or themes related to gender identity.

  • May 26, 2026

    FCC Seeks Input On AT&T's Bid To Escape Calif. Mandates

    The Federal Communications Commission has asked for public input on an effort from AT&T to be freed of its eligible telecommunications carrier requirements in California, days after the telecom giant sued in federal court for similar relief.

  • May 26, 2026

    5th Circ. Won't Rehear DOJ's Dropped Boeing Criminal Case

    The Fifth Circuit won't rehear appeals from the families of the victims of two fatal Boeing 737 crashes seeking to reverse the U.S. Department of Justice's dismissal of its criminal fraud case against the company, saying it has no jurisdiction to review the dismissal.

  • May 26, 2026

    Squires' Institution Flips Are Increasing Uncertainty At PTAB

    U.S. Patent and Trademark Office Director John Squires has created a record low institution rate at the Patent Trial and Appeal Board, and attorneys say it's becoming increasingly clear that even an initial approval from the director may not last.

  • May 26, 2026

    Ironworkers Union Local Must Face NJ AG's Bias Suit

    A New Jersey Superior Court judge refused to dismiss the state's discrimination lawsuit accusing an Ironworkers local of systematically passing over Black union members for job assignments, ruling that the claims are not time-barred or preempted by federal labor law.

  • May 26, 2026

    Trade Court OKs Revised Japanese Steel Duty

    The U.S. Department of Commerce properly backed its use of a shipment date over an invoice date when conducting a review of the antidumping duty rate for a Japanese company's imports of certain steel products, the U.S. Court of International Trade found.

  • May 26, 2026

    Feds Say No Harms Stem From Trump Photo On Park Passes

    Some people may dislike seeing President Donald Trump on their annual entrance passes for national parks and other federal lands, but that's not an injury that can support litigation over the passes, according to the U.S. Department of the Interior.

  • May 26, 2026

    As FCC Launches 'The View' Probe, Dem Calls It 'Mob Rule'

    Following the Federal Communications Commission opening an agency probe of ABC's "The View" to decide if the show runs afoul of equal time rules, a Democratic FCC member has urged the network to keep pushing back.

  • May 26, 2026

    Contractor Must Produce Migrant Flight Recruitment Plans

    A Massachusetts federal magistrate judge ordered an aviation company to hand over documents about an alleged scheme to transport immigrants to the island community of Martha's Vineyard, including records about the scope of migrant recruitment efforts and the role race, ethnicity and country of origin may have played in determining who to recruit.

Expert Analysis

  • Operational AI Washing: Fortifying The Disclosure Record

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    The same artificial intelligence-driven workforce narratives that once appeared in earnings calls and Form 8-Ks can easily become raw material for future operational AI washing claims, so companies must be careful when drafting public disclosures because winning a federal motion to dismiss starts months before a lawsuit is ever filed, say attorneys at Akerman.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • Treasury Proposal Maps Compliance Road For Stablecoins

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    Stablecoin issuers should prepare for bank-style anti-money laundering and sanctions obligations under, and consider submitting comments on, the Treasury Department's proposed Genius Act rules, which are reshaping compliance expectations for digital asset businesses and affiliated financial institutions alike, say attorneys at Arnold & Porter.

  • Adapting To AI-Driven Scrutiny Of Foreign Asset Disclosures

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    As the government expands AI-driven, cross-agency fraud detection, foreign asset disclosure should be viewed as part of a broader, data‑driven enforcement ecosystem that prioritizes consistency, documentation and proactive governance, says Logan Koehring at FBT Gibbons.

  • New USPTO Procedure May Be A Boon For Patent Owners

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    The U.S. Patent and Trademark Office's new ex parte reexamination procedure, allowing patent owners to file preorder papers to inform the EPR decision process, marks the first meaningful opportunity for owners to prevent EPR, say attorneys at Knobbe Martens.

  • Sizing Up The Rescheduling Hurdles Medical Pot Cos. Face

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    The Justice Department’s recent lowering of certain medical marijuana products to Schedule III means operators — particularly those simultaneously offering federally illegal adult-use cannabis — must implement greater structural discipline to navigate an increasingly fragmented legal landscape if they hope to benefit from new tax deductions and access to capital, say attorneys at Akerman.

  • Mitigating Risks Under New Pay Disclosure Laws In Maine, Va.

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    To prepare for pay transparency laws that go into effect this summer in Maine and Virginia, employers should consider comprehensive audits of existing recruiting, compensation and recordkeeping practices — and be prepared to uncover disparities that create both legal and employee relations risks, say attorneys at Morgan Lewis.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • Looking Beyond Calif. Climate Laws As NY Bills Advance

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    California's climate disclosure legislation has made emissions and risk reporting a practical reality — and now that New York is working on its own climate disclosure bills, companies must confront a future in which compliance systems will need to be ready for multiple states' reporting regimes, says Thierry Montoya at FBT Gibbons.

  • Cuba Sanctions Shift Puts Foreign Cos. In OFAC's Crosshairs

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    A recent executive order marks an extreme shift for foreign companies whose Cuban dealings have no relation to the U.S. and are entirely lawful under the laws of their home jurisdictions, such that their existing ring-fence protocols no longer offer protection from the Office of Foreign Assets Control’s secondary sanctions, says Jeremy Paner at Hughes Hubbard.

  • 5 Rules In 10 Weeks: Inside Genius Act's Implementation Blitz

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    Regulators have proposed five Genius Act rules in a striking span of 10 weeks, building a stablecoin framework that, with the Office of the Comptroller of the Currency at its operational center, will shape oversight and force issuers, banks and fintechs to take action as deadlines approach, say attorneys at Cahill.

  • SEC Enforcement Has Continued Its Asset Management Focus

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    While the total number of U.S. Securities and Exchange Commission enforcement actions is down, certain novel theories of liability have been abandoned, and the SEC has embraced a back-to-basics posture, most of the regulatory risks for asset managers that existed in the prior commission have not gone away, say attorneys at Weil.

  • 5 Risks For US Cos. From New EU Product Liability Directive

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    When the European Union's revised Product Liability Directive takes effect this year, it will fundamentally reshape product liability litigation across all EU member states — so U.S.-based companies operating in Europe should prepare now for broader discovery rules, narrower attorney-client privilege and heightened forum-shopping risks, say attorneys at DLA Piper.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Engaging With FDA's New Complete Response Letter Policy

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    A citizen petition filed with the U.S. Food and Drug Administration last month puts renewed focus on the agency's practice of releasing complete response letters in near real time, materially altering the context in which life sciences companies communicate with investors regarding regulatory developments, say attorneys at Debevoise.

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