Public Policy

  • 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.

  • October 15, 2026

    Commerce Finalizes Duty Rates For Brazilian, Norwegian Pulp

    The U.S. Deparment of Commerce on Thursday finalized its determinations that high-purity dissolving pulp imported into the country from Brazil and Norway are being sold at unfair prices, setting up possible duty rates.

  • October 15, 2026

    FCC To Vote On Adding $162M To Boost Alaska Connectivity

    The Federal Communications Commission is set to vote on a proposal to pump an additional $162 million into ongoing efforts to expand high-speed internet connectivity in Alaska.

  • October 15, 2026

    Tesla Says Gov't Brief Shows USPTO Wants 'Absolute Power'

    Electric carmaker Tesla told the U.S. Supreme Court that it should take a case over the U.S. Patent and Trademark Office leadership's discretionary standards for granting or denying patent review, saying a recent government brief illustrates how the office wants "absolute power" when it comes to restricting such reviews.

  • October 15, 2026

    GKN Says Insurers Owe Defense In Overheated Tank Suits

    GKN Aerospace Transparency Systems Inc. told a California federal court Thursday that its insurers are improperly refusing to honor their duty to defend the company in lawsuits and a civil investigation stemming from the overheating of a storage tank and subsequent evacuation of residents in Orange County.

  • October 15, 2026

    Sweden's Biggest Bank To Pay $33M NY Fine Over AML Gaps

    New York's financial services regulator has ordered Sweden's largest bank to pay a $33 million fine to resolve findings of past anti-money laundering deficiencies at its Baltic subsidiaries that allegedly exposed U.S. banks to heightened financial crimes risk.

  • October 15, 2026

    NYC Mayor Mamdani Taps New Risk Management Director

    New York City Mayor Zohran Mamdani announced Wednesday that he appointed a former Manhattan assistant district attorney to lead the Mayor's Office of Risk Management and Compliance, a role that will put her at the forefront of efforts to eliminate the presence of lead in the city alongside several local agencies.

  • October 15, 2026

    11th Circ. Says Ga. Can Enforce Social Media Age Check Law

    The Eleventh Circuit struck down an injunction Thursday that blocked Georgia from enforcing its age verification law for social media platforms, finding that internet trade group NetChoice hadn't shown it was likely to prevail on its legal challenge to the statute.

  • October 14, 2026

    Unions, Nonprofits Get USDA Reorganization Plan Blocked

    A California federal judge has temporarily blocked the U.S. Department of Agriculture from closing offices and reshuffling staff, saying the department's planned reorganization likely amounted to "reprogramming" prohibited by statutory spending restrictions.

  • October 14, 2026

    OCC Says Big Banks Cut Off Customers Over Reputation Risk

    The Office of the Comptroller of the Currency is leveling fresh criticism at the biggest U.S. banks over so-called debanking, releasing a report that finds their use of reputational risk policies led to numerous instances of customers being "disadvantaged" based on their ideological views.

  • October 14, 2026

    Justices Appear Wary Of Broad Reach For Video Privacy Law

    Several U.S. Supreme Court justices seemed hesitant Wednesday to take a more expansive view of the online activities protected by the Video Privacy Protection Act, raising concerns that such an approach would buck the statute's original intent and invite a flood of litigation against a wide range of companies.

  • October 14, 2026

    Kushner Is Unlawfully Serving As Envoy, Watchdog Says

    Jared Kushner is unlawfully wielding power on behalf of the United States government, an ethics watchdog alleged Wednesday, asking a Washington, D.C., federal judge to block the president's son-in-law from acting as a top diplomat without disclosing his personal finances and potential conflicts of interest.

  • October 14, 2026

    State Dept. Ordered To Open 2027 Diversity Visa Program

    A California federal judge ordered U.S. Secretary of State Marco Rubio on Wednesday to swiftly open up registration for the 2027 diversity visa program and to make a public announcement of the registration period "no later than midnight" Thursday.

  • October 14, 2026

    Ex-Oakland Mayor Thao Put 'Power Up For Sale,' Jury Told

    Prosecutors told a California federal jury during trial openings Wednesday that Oakland's then-mayor Sheng Thao put "power up for sale" when she and her boyfriend accepted bribes in exchange for potential city contracts to build prefab "tiny homes" for the unhoused.

  • October 14, 2026

    NC Health Plan Can't Block Atrium's Cost-Sharing Program

    Atrium Health can move forward with a program to offer lower healthcare costs to members of North Carolina's state health plan, a state court judge ruled, handing a loss to the state treasurer in his lawsuit claiming Atrium's program will ultimately saddle the plan with more debt.

  • October 14, 2026

    High Court Won't Pause Mich. Activist Pretrial Jail Order

    The U.S. Supreme Court has rejected a bid by a self-described "antifa" member to halt a Sixth Circuit order sending him back to jail pending charges that he cyberstalked and threatened a social media supporter of U.S. Immigration and Customs Enforcement.

  • October 14, 2026

    Judge Probes Public Disclosure Bar In Fluor FCA Lawsuit

    A D.C. federal judge said Wednesday that a whistleblower's qui tam False Claims Act lawsuit accusing defense logistics contractor Fluor of labor trafficking could ultimately fall under the statute's public disclosure bar, given that "a bunch of stuff" had been floating around on the company prior to his complaint.

  • October 14, 2026

    DC Circ. Not Fan Of EPA's Citation Habits In Methane Appeal

    The D.C. Circuit didn't seem too sure Wednesday morning whether the U.S. Environmental Protection Agency had behaved how it ought to have when extending compliance deadlines for initiating requirements to reduce methane pollution from the oil and gas sector.

Expert Analysis

  • 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.

  • 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.

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