Public Policy

  • July 22, 2026

    States Say Nielsen Ruling Backs Claims In Live Nation Suit

    A recent Second Circuit ruling in a data-tying case was invoked Wednesday to support a motion by more than a dozen state attorneys general opposing Live Nation's attempt to overturn a federal jury verdict against the company.

  • July 22, 2026

    Pa. Justices Say Resisting Arrest Case Lacked Valid Warrant

    The Supreme Court of Pennsylvania has held that convicting someone for resisting arrest when officers are trying to follow a warrant requires proof the underlying warrant was valid — vacating the conviction of a man arrested because a police database and dispatcher said he had bench warrants in his name.

  • July 22, 2026

    Indonesian, Malaysian Fatty Acids Face US Duties

    Imports of certain fatty acids into the U.S. from Indonesia and Malaysia are facing countervailing duties after the U.S. Department of Commerce determined Wednesday they are benefiting from government subsidies.

  • July 22, 2026

    Mich. Gets Judge With Blue Slips In 1st For Trump Admin

    The U.S. Senate voted 62-36 on Wednesday to confirm Michael Martin, a longtime federal prosecutor, to the Eastern District of Michigan and Benjamin Flowers, former solicitor general of Ohio, to the Sixth Circuit.

  • July 22, 2026

    Trade Court OKs Canadian Softwood Duty After 4 Remands

    A pair of Canadian softwood lumber producers' imports to the U.S. will be subject to a countervailing duty after the U.S. Court of International Trade signed off on the U.S. Department of Commerce's fourth pass at the rate calculation, finally resolving the dispute.

  • July 22, 2026

    Trump Admin Can't Get Suit Over $600M Cuts Transferred

    An Illinois federal judge ruled Tuesday that he has jurisdiction over a suit filed by Illinois and three other Democratic-led states over the Trump administration's termination of more than $600 million in public health funding and denied the federal government's bid to transfer the case to the Court of Federal Claims.

  • July 22, 2026

    5th Circ. Stays Lower Orders In 90-Day Bond Hearing Review

    The Fifth Circuit granted the Trump administration's request to pause several habeas judgments while the court reconsiders whether the federal government has the authority to detain noncitizens for more than 90 days without providing a bond hearing.

  • July 22, 2026

    Trump's Expiring Global Tariff Is Valid, US Tells Fed. Circ.

    President Donald Trump's temporary global tariff is lawfully authorized under a statute allowing the executive branch to address serious balance-of-payment deficits, a term that can easily be construed to include the economic conditions referenced in the implementing order, the government told the Federal Circuit.

  • July 22, 2026

    Wash. Law Bars Discriminatory HOA Enforcement, Panel Says

    The Washington State Court of Appeals reversed the dismissal of the Washington State Human Rights Commission's administrative housing bias complaint against a homeowners association and other parties, ruling that the state's discrimination law stops homeowners associations from using their rules to discriminate against people.

  • July 22, 2026

    Judge Skeptical Of Harm From Chinese Military Co. Label

    A federal judge on Wednesday appeared skeptical of a Chinese pharmaceutical company's claims that it has suffered irreparable damage from the U.S. Department of Defense's recommendation that it be designated a "Chinese military company."

  • July 22, 2026

    AGs Appeal Order Blocking RealPage Damages In MDL

    Attorneys general for Kentucky, Washington state, New Jersey, Maryland and D.C. have asked the Sixth Circuit to review a district court ruling barring them from seeking damages on behalf of their residents alongside private plaintiffs' settlements in a sweeping multidistrict litigation accusing landlords of using RealPage software to collude on rent prices.

  • July 22, 2026

    Irish To Propose €1.5B In Tax Cuts For Workers, Gov't Says

    The Irish government will propose €1.5 billion ($1.7 billion) in new tax cuts for workers in its €8.5 billion budget for next year, the country's Department of Finance said Wednesday.

  • July 22, 2026

    DC Bar Leaders Say DOJ Ethics Suit Encourages Misconduct

    Washington, D.C., attorney regulators continue to garner support in their effort to toss a Justice Department's lawsuit over alleged "weaponizing" of executive branch lawyer discipline, with D.C. bar organizations, scores of legal scholars and more than 500 former DOJ attorneys backing the disciplinary authorities.

  • July 22, 2026

    DOL Asset Manager Exemption Proposal Sent To White House

    The U.S. Department of Labor's employee benefits subagency transmitted a proposal affecting a popular exemption to strict prohibitions on many types of transactions involving federally regulated benefit plans to a White House office for review, teeing up the regulation for release.

  • July 22, 2026

    Texas Judge OKs Deal Cutting Lizard's ESA Listing

    A Texas federal judge approved a settlement in which the U.S. Fish and Wildlife Service agreed to scrap a Biden-era rule Texas challenged that listed the dunes sagebrush lizard as endangered, sparking an outcry from the group that sought the listing.

  • July 22, 2026

    Judge Blocks Exxon's Due Process Claims In Records Suit

    A Massachusetts state court judge on Wednesday rejected Exxon Mobil's bid to revive constitutional claims in what he called an already "over-litigated" public records lawsuit against state environmental regulators.

  • July 22, 2026

    US Finalizes Duty Rates For Chinese Animal Feed Additive

    The U.S. Department of Commerce finalized antidumping and countervailing duty rates for an imported animal feed-grade additive from China, according to notices published Wednesday.

  • July 22, 2026

    Trump Says 100% Tariff On Generic Drugs Coming In 2028

    Generic drugs imported into the U.S. will be hit with a tariff of 100% in 2028 and 200% in later years in an attempt to drive manufacturing into the country, President Donald Trump said on social media.

  • July 22, 2026

    9th Circ. Won't Reopen Vax Bias Suit Against Wash. Officials

    The Ninth Circuit upheld a Washington state agency's win in a suit alleging it unlawfully fired over a dozen employees rather than accommodate their religious objections to the COVID-19 vaccine, ruling they hadn't shown the agency was purposely hostile toward religion.

  • July 22, 2026

    Gov't Contracting Policies To Watch In The 2nd Half Of 2026

    The Trump administration's final rule expanding foreign ownership requirements to more than 37,000 defense contractors and subcontractors and the Pentagon's review of the second phase of cybersecurity requirements headline five policy initiatives that government contractors should look for in the second half of this year.

  • July 22, 2026

    DOL Proposes E-Delivery Rule For Employer Health Plans

    The U.S. Department of Labor's employee benefits arm unveiled a proposal Wednesday that would provide more opportunities for electronic delivery of employer-provided health plans' mandatory disclosures.

  • July 21, 2026

    DC Circ. Affirms HHS Authority Over 340B Rebate Plans

    The D.C. Circuit on Tuesday upheld a lower court's finding that U.S. Department of Health and Human Services has the authority to block or approve drugmakers' efforts to implement rebates instead of discounts under the 340B drug-pricing program.

  • July 21, 2026

    Trump, DOJ Sued For Firing Court-Appointed Seattle US Atty

    Roger Rogoff, a former Washington state judge who was sworn in as Seattle's new U.S. attorney last week and then swiftly fired by the Trump administration, filed a federal lawsuit Tuesday against President Donald Trump and the U.S. Department of Justice, saying their "attempt to fire him cannot stand."

  • July 21, 2026

    Economist Concedes Opioid Stats' Limits In Albertsons Trial

    Despite testifying that Albertsons pharmacy records suggest some opioids dispensed in Washington state had "red flags" for potential diversion from legitimate use, an economist for the Evergreen State conceded Tuesday that he can't point to "even a single pill dispensed by Albertsons" that was actually improperly diverted. 

  • July 21, 2026

    7th Circ. Affirms NYT, Getty Photogs Not Targeted By Cops

    A Seventh Circuit panel Tuesday affirmed a lower court's ruling that photojournalists for The New York Times and Getty who say they were struck by foam baton rounds while documenting civil unrest at the Kenosha County courthouse in 2020 were not intentionally targeted or singled out by officers.

Expert Analysis

  • Immigration Order Raises Customer ID Stakes For Banks

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    Following a recently issued immigration-related executive order, financial institutions should expect and prepare for increased scrutiny of customer due diligence and identification, suspicious activity monitoring, and consumer lending, as well as accompanying supervisory shifts and rising fair lending risks, says Douglas Weissinger at Butler Snow.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

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    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

  • 2 Microsoft Matters Could Help Shape AI Antitrust Outlook

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    A pending federal court case and investigation focusing on Microsoft's allegedly anticompetitive conduct in the deployment of artificial intelligence tools are testing whether antitrust law can distinguish ordinary competition to supply the AI ecosystem from conduct that distorts how that competition unfolds, says Kylie Kim at Massey & Gail.

  • Preparing For Next Congress With Eye On Investigation Risk

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    Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

  • RETRACTED: Updated Fraud Sentencing Guidelines Add New Defense Tools

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    Editor's note: This guest article has been removed to address author updates.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • The Debanking Minefield: Navigating Fair Access In 2026

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    Federal regulators' recent elimination of reputational risk from bank supervision, alongside a growing patchwork of state fair access laws, is reshaping how banks make account and service decisions and ushering in a new compliance era requiring individualized, objective and risk-based access determinations, say attorneys at Spencer Fane.

  • Carbon Health Settlement Highlights Why Evidence Is Key

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    The California Attorney General's Office's first-of-its-kind settlement with Carbon Health, imposing penalties for alleged corporate practice of medicine violations, shows that friendly professional corporation challenges usually hinge not on the parties' management services agreement, but on whether the operational record matches it, says Ben Dubin at VC Expert Services.

  • What PE Practitioners Need To Know About New Del. ABC Act

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    Delaware's new Assignment for the Benefit of Creditors statute represents a structural shift in how companies backed by private equity can be wound down and provides a more streamlined tool for managing sponsor liability without the public visibility of a bankruptcy proceeding, says Evelyn Meltzer at Troutman Pepper.

  • How To Brace For A Potential Democratic Oversight Push

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    With the possibility of a shift in congressional control after the November midterm elections, companies and their general counsel should prepare now by mapping oversight exposure, reviewing government interactions, preserving records and developing coordinated communications strategies, say attorneys at Hogan Lovells.

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