Public Policy

  • October 15, 2026

    Dems Want FTC To Investigate Online Homebuying Industry

    Democratic U.S. Sens. Cory Booker and Elizabeth Warren have asked the Federal Trade Commission to conduct an antitrust investigation into the "anticompetitive and deceptive practices" of the country's online homebuying industry, saying that the FTC needs to employ "every enforcement tool available to restore competition to the entire online real estate marketplace."

  • October 15, 2026

    Colo. Panel Upholds Agency's Emissions Monitoring Rule

    The Colorado Court of Appeals upheld a state agency's rule on emissions monitoring Thursday, wholly rejecting a challenge by environmental groups that contended the rule allows most polluters to escape certain monitoring requirements by paying a fee.

  • October 15, 2026

    Matt Gaetz Accused Of Sex Trafficking In Florida Suit

    Two women on Thursday filed a Florida federal trafficking lawsuit against former Congressman Matt Gaetz, alleging that he used his power and influence to recruit them into a commercial "venture" in which they were paid to have sex with men in various cities throughout the U.S.

  • October 15, 2026

    Google Will Seek To Pause Ad Tech Case For DOJ Appeal

    Google will ask a New York federal court to pause a scheduled April trial in the private antitrust litigation over its advertising placement technology while it appeals a loss in a similar case from the U.S. Department of Justice in Virginia.

  • October 15, 2026

    Trump Admin Urges High Court To Curb APA Rule Vacatur

    The Trump administration is asking the U.S. Supreme Court to decide whether the Administrative Procedure Act allows federal judges to universally vacate agency rules in what could be a major test of the judiciary's authority to check executive agency power.

  • October 15, 2026

    FERC Makes Further Moves To Speed Up Gas Project Reviews

    The Federal Energy Regulatory Commission on Thursday issued a pair of proposals aimed at speeding up its approval of gas infrastructure projects by narrowing the scope of the agency's environmental reviews.

  • October 15, 2026

    Calif. Asks DC Judge To Void EPA's 'Unlawful' Waiver Moves

    California has asked a D.C. federal judge to void the Trump administration and congressional Republicans' "manifestly unlawful" use of the Congressional Review Act to make Clean Air Act waivers for the Golden State subject to rescission by lawmakers.

  • October 15, 2026

    Feds Seek To Undo Colo. Payment To Defunct Health Insurer

    The federal government Wednesday asked a Colorado federal judge to reverse the approved distribution of nearly $2 million in assets from a defunct insurer to its creditors, claiming that a nearly $24 million claim from the U.S. Department of Health and Human Services supersedes the general creditors' claims.

  • October 15, 2026

    Mo. Hemp Interests Seek To Block Restrictions

    Missouri officials have asked a federal court to halt discovery in a lawsuit by hemp companies challenging new regulations on intoxicating cannabinoid products, arguing the case turns on pure legal questions that can be resolved within the state's motion to dismiss.

  • October 15, 2026

    IRS Says Donor Disclosure Rule Is Key To Tax Compliance

    The Internal Revenue Service's nonprofit donor disclosure rule doesn't violate the First Amendment, the agency told a D.C. federal court, arguing the rule promotes voluntary compliance from nonprofits through information reporting requirements.

  • October 15, 2026

    White House Crypto Aide Exits Role

    White House crypto aide Patrick Witt announced Thursday that he's left his post, a departure that comes after key crypto legislation stalled in the U.S. Senate last month.

  • October 15, 2026

    NYC Comptroller Urges Anthropic To Ease Risks Before IPO

    New York City Comptroller Mark Levine is urging Anthropic PBC to pause plans for an initial public offering it says could value the company at $2 trillion, calling on the business to first resolve concerns over the technology's governance, safety and development pace.

  • October 15, 2026

    Pa. E-Cigarette Law Survives Vape Companies' Challenge

    A Pennsylvania federal judge has upheld a state law limiting electronic cigarette sales to products that have received or are pending approval from the U.S. Food and Drug Administration, finding the state law fell into an exception to the federal tobacco law's preemptions.

  • October 15, 2026

    PhRMA Again Seeks To Join 340B Rebate Pilot Fight

    The Pharmaceutical Research and Manufacturers of America on Thursday asked a Maine federal court to let it join a lawsuit challenging the Trump administration's proposed rebate system in the 340B drug discount program, arguing the litigation could directly affect its members' approved plans and financial interests.

  • October 15, 2026

    Innocent Spouse Tax Relief Bid Timely Filed, 5th Circ. Told

    The U.S. Tax Court improperly concluded that a Texas woman narrowly missed a statutory filing deadline in seeking innocent spouse relief on federal income taxes and shouldn't have dismissed her case, she told the Fifth Circuit, arguing the deadline isn't jurisdictional.

  • October 15, 2026

    Missouri AG Alumni Make Their Mark In Trump 2.0

    Missouri is hundreds of miles from Washington, D.C., but the legal community of the Show-Me State has taken a significant hold in the second Trump administration.

  • October 15, 2026

    Justices Stay 4th Circ. Mandamus In FCC Political Ad Case

    The U.S. Supreme Court has stayed an order from a Fourth Circuit panel that would have required the full Federal Communications Commission to review agency staff guidance requiring broadcasters to offer discount ad rates to political committees tied to candidates.

  • October 15, 2026

    Muscogee Chief Says Court Can't Grant Freedmen Citizenship

    Muscogee (Creek) Nation Principal Chief David Hill is asking an Oklahoma federal court to dismiss a challenge that looks to block the tribe from denying citizenship to descendants of people once enslaved by the Indigenous nation, arguing that it can be achieved only through a constitutional amendment and legislative process.

  • October 15, 2026

    Colo. Chamber Can't Join Tax Plan Challenge, Court Says

    A court Thursday denied the request of the Colorado Chamber of Commerce to intervene in suit alleging that a proposal to replace the state's flat income tax rate with a graduated system failed to gather the signatures needed to reach the November ballot.

  • October 15, 2026

    DOJ Defends Government-Funded Trump Ad Campaign

    A D.C. federal judge declined to immediately join a New York federal court in blocking the Trump administration's government-funded campaign-style ads from airing after a Justice Department attorney said the campaign was over, but appeared to agree with a Democratic National Committee attorney who called the ads propaganda and not public service announcements as the government has claimed.

  • October 15, 2026

    Nonprofits Sue Over NC Budget Gutting Civil Legal Aid Grants

    Three nonprofits are mounting a legal challenge to a provision of the North Carolina state budget that strips funding for civil legal aid services historically provided by the state's Interest on Lawyers' Trust Accounts program, saying the maneuver flouts directives by the Tar Heel state's top court and violates the First Amendment.

  • October 15, 2026

    Gov't Urges Justices To Reject Google, Intel Fight Over Fintiv

    The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Intel Corp. and Google LLC's challenge to a precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation.

  • October 15, 2026

    Trade Court Sustains Malaysian Wind Tower Duty Calculations

    The U.S. Department of Commerce has now properly justified various decisions it made during a countervailing duty administrative review of a Malaysian utility wind tower producer, the U.S. Court of International Trade found, rejecting many of the company's objections as baseless.

  • October 15, 2026

    DHS Can't Waive Laws For Big Bend Wall, Texas Judge Says

    A federal judge in Texas halted construction of a border wall in the Big Bend sector, finding that the U.S. Department of Homeland Security likely exceeded its authority to waive legal requirements in an area with comparatively low illegal entry.

  • October 15, 2026

    Cyber Incident Halts Bankruptcy Court Noticing Nationwide

    The nationwide system for providing notice to creditors in bankruptcy cases has been disrupted by a cybersecurity incident, and it is not currently known when the outage will end.

Expert Analysis

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • How Data Broker Laws Are Reaching Consumer-Facing Cos.

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    As states, most recently New Jersey, expand the scope of data broker laws to cover some customer data sharing, consumer-facing companies should reassess advertising, vendor and partner arrangements to determine whether they trigger registration, contracting and governance obligations, says Sam Castic at Hintze Law.

  • How Axing SEC Trade-Through Rule Could Reshape Markets

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    The proposed elimination of a Securities and Exchange Commission rule that mandates a price benchmark for equity securities trades could allow blockchain-based trades to compete with legacy frameworks in registered markets, potentially serving as a test case for updated regulatory models, say Alex Zozos at Superstate, and Lewis Rinaudo Cohen and Edward Leaf at Cahill Gordon.

  • What Regulatory 'Reputation Risk' Purge Means For Banks

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    Banks should expect closer scrutiny of account closures and service denials after federal regulators recently stripped "reputation risk" from supervisory guidance, and should tie customer decisions to documented, objective legal and financial criteria to protect against debanking-related enforcement, say attorneys at Troutman.

  • Student Loan Revamp Leaves Bankruptcy Untouched

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    Recent changes to the Graduate PLUS student loan program may moderate borrowing and simplify repayment, but they may also shift financial distress into a bankruptcy system whose treatment of educational debt remains largely unchanged, say Jaclynn McDonnell at Stevens & Lee.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • 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.

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