Public Policy

  • July 27, 2026

    NC Contractor Pushes For Employee Retention Credit Refund

    A mechanical contractor is entitled to a $600,000 tax refund for claimed employee retention tax credits, it told a North Carolina federal court, saying the credits may not have been paid because the White House's Department of Government Efficiency gutted the IRS.

  • July 27, 2026

    Tribes, Groups Say Historic Council's Plan Imperils Sacred Sites

    Indigenous, environmental and preservation groups say a decision by the Advisory Council on Historic Preservation to advance a proposed rulemaking notice for revisions to Section 106 of the National Historic Preservation Act will weaken tribal nations' roles in ensuring that their sacred burial sites and ancestral lands are protected.

  • July 27, 2026

    Mich. Justices Reject Federal Double Jeopardy Rule

    The Michigan Supreme Court has significantly expanded the state's constitutional protection against double jeopardy, finding prosecutors can be barred from retrying a criminal defendant following a mistrial, even if they did not specifically intend to provoke the defense into requesting one. 

  • July 27, 2026

    DOJ Says Demand For Colo. Voter Data Must Avoid Dismissal

    The U.S. Department of Justice asked a Colorado federal judge to ignore a motion to dismiss from a nonprofit intervenor in its lawsuit against state Secretary of State Jena Griswold seeking to force her to turn over state voter registration data, according to a brief filed by the government Friday.

  • July 27, 2026

    Hawaiian Telecom, Electric Co. Resolve Pole Removal Dustup

    A telecom has agreed to end its dispute with Hawaiian Electric Co. after urging the Federal Communications Commission to block the utility's removal of 22 electric poles that are also used for communications gear.

  • July 27, 2026

    Wash., Hayden Homes Reach $1.6M Deal To End Fee Claims

    Hayden Homes LLC and affordable housing-focused nonprofit lender First Story agreed to pay more than $1.6 million to settle Washington state's claims that they charged home sellers illegal private transfer fees, the state's attorney general announced Monday.

  • July 27, 2026

    Judge Stays ICE Oversight Visit Case Pending Appeal

    A D.C. federal judge on Monday stayed a lawsuit brought by House Democrats challenging a U.S. Immigration and Customs Enforcement policy limiting their oversight access to immigration facilities while the Trump administration appeals an injunction limiting the visit restrictions.

  • July 27, 2026

    Fertilizer Biz Asks Justices To Reverse Idaho Tribal Land Swap

    An Idaho agribusiness is asking the U.S. Supreme Court to undo a Ninth Circuit decision that invalidated a U.S. Department of the Interior land transfer over tribal concerns of contamination from a planned fertilizer plant expansion, arguing the ruling undermines the country's food security, thousands of jobs and millions in economic activity.

  • July 27, 2026

    New DHS Rule Will Speed Some Asylum Cases To Court

    The U.S. Department of Homeland Security unveiled a new regulation Monday allowing asylum officers to skip interviews if they determine someone is barred from, ineligible for or does not merit asylum and send those cases straight to immigration court.

  • July 27, 2026

    Carriers Back Changes To Broadband Map Data Gathering

    An association of competitive communications providers backed the Federal Communications Commission's recent action to eliminate regulations the agency has characterized as unduly burdensome, in addition to improving data collection and the national broadband deployment map.

  • July 27, 2026

    AbbVie Seeks Block On Alkem Generic Constipation Drug

    AbbVie Inc. and collaborator Ironwood Pharmaceuticals urged a New Jersey federal court to bar India-based generic-drug maker Alkem Laboratories from selling generic versions of their branded constipation drug while associated patents are active, arguing Alkem would violate patent law by doing so.

  • July 27, 2026

    Deal Reached In Comedian Eric André's Racial Profiling Suit

    Actor Eric André and another comedian who said their constitutional rights were violated when they were racially profiled at an Atlanta airport have reached a tentative deal with a Georgia county to settle their lawsuit about a year after the Eleventh Circuit agreed to revive the case. 

  • July 27, 2026

    Insurance Services Co. Can Fix Worker Tax Credit Refund Bid

    A U.S. Court of Federal Claims judge allowed a California-based health and life insurance services company to amend its complaint to address questions about whether it qualified as an eligible employer to claim a $50,000 employee retention tax credit refund.

  • July 27, 2026

    DLA Piper Launches Congressional Investigations Group

    DLA Piper has launched a congressional investigations practice in Washington, D.C., with a former U.S. House oversight committee attorney for Republicans and a Biden-Harris White House adviser as its leaders, the firm announced Monday.

  • July 27, 2026

    Live Nation, DOJ Say States Have Enough Discovery Into Deal

    The U.S. Department of Justice has joined with Live Nation to resist a discovery request by a bipartisan group of state attorneys general seeking more information about a settlement the federal government reached with the company in the middle of an antitrust trial.

  • July 27, 2026

    NTIA Pushes For Gov't, Industry Move Toward 6G Mobile

    The federal government's spectrum manager hopes to see the advent of sixth-generation mobile services on a fast track as long as global partners are ready to get on board.

  • July 27, 2026

    Groups Say National Pipeline Permit Harms Rivers, Wetlands

    Environmental organizations asked a Washington federal judge Monday to overturn a nationwide permit the U.S. Army Corps of Engineers reissued for oil and gas pipelines, accusing the agency of allowing companies to fast-track stream crossings without the appropriate considerations or safeguards.

  • July 27, 2026

    Trade Group Can't Challenge Calif. PBM Law

    A healthcare industry group representing pharmacy benefit managers lost its initial bid to challenge a California state law restricting their business practices, after a federal judge determined its complaint didn't go far enough to prove standing for the group representing PBMs, which intermediate between drugmakers, pharmacies and insurers.

  • July 27, 2026

    10th Circ. Upholds Colo.'s $3-A-Day Rental Car Fee

    The Tenth Circuit upheld Colorado's up-to-$3-a-day congestion impact fee on short-term vehicle rentals Monday, ruling that the charge falls on consumers rather than airport rental car companies.

  • July 27, 2026

    Hemp Co. Says DEA Defied Farm Bill By Banning HHC

    A North Carolina hemp company challenging the legality of a recent U.S. Drug Enforcement Administration rule designating a psychoactive hemp-derived compound as a Schedule I substance has told the Fourth Circuit that the agency defied Congress when it issued the rule.

  • July 27, 2026

    Bus Co. Settles Bid-Rigging Claims For $2.4M

    A national student transportation company will pay $2.4 million to settle allegations that two Massachusetts subsidiaries colluded with another bus company to allocate contracts in three Greater Boston communities, the state attorney general's office announced Monday.

  • July 27, 2026

    Mass. Board Won't Lower $2.1M Property Value

    A Massachusetts homeowner failed to lower the tax valuation of her $2.1 million home after the state tax board decided Monday that purported sewer issues and an easement didn't warrant a reduction in its assessment.

  • July 27, 2026

    Trade Court Orders Redo Of Mexican Steel Duty Rate

    The U.S. Department of Commerce must recalculate the antidumping duty rate for corrosion-resistant steel products produced by a Mexican company without applying certain adverse facts, the U.S. Court of International Trade said, calling the previous calculation "unreasonable."

  • July 27, 2026

    Cannabis In The Courts: A Midyear Litigation Review

    In the first half of 2026, lawsuits taking aim at recent federal shifts in cannabis policy, a federal ban on marijuana users owning firearms and purported residency criteria in state cannabis licensure programs were argued in multiple courts across the country.

  • July 27, 2026

    Utilities Org. Urges FCC Not To Preempt Wash. Pole Regs

    A group representing 27 consumer-owned public utility districts in Washington state has told the Federal Communications Commission not to preempt the state's process to resolve issues stemming from mobile or internet service providers wanting to attach equipment to utility poles.

Expert Analysis

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • What Ratings Overhaul May Mean For Banking Industry

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    Proposed revisions to the bank rating system commonly known as CAMELS could constrain examiner discretion and tie supervisory outcomes more closely to measurable financial risk, potentially saving compliance costs, reducing the frequency of ratings downgrades and spurring a more growth-oriented banking system, say attorneys at Debevoise.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q2

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    The last three months were particularly consequential for Illinois banking law, with a federal court ruling reshaping the Interchange Fee Prohibition Act, the state filling enforcement gaps, significant legislative activity and a revision to the community bank leverage ratio, say attorneys at Riley Safer.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Md. Ruling Reflects Classic Administrative Law Principle

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    A Maryland federal court's recent decision in Columbus v. Kennedy significantly limits how far the Centers for Medicare & Medicaid Services can go in reshaping the Affordable Care Act through regulation, highlighting a principle that will likely be applied in similar Administrative Procedure Act challenges, says Michael King at Brownstein Hyatt.

  • DOJ China Container Indictments Signal Global Cartel Risk

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    The U.S. Department of Justice's recent announcement that it had indicted Chinese manufacturers for conspiring to drive up the price of shipping containers sold in the U.S. illustrates the Antitrust Division's interest in pursuing overseas cartel conduct, especially in China, signaling that multinational companies with employees abroad should strengthen antitrust compliance to avoid running afoul of U.S. national security policy, say attorneys at Squire Patton.

  • More Cos. Will Copy SpaceX's Shareholder Proposal Opt-Out

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    For more than 80 years, the shareholder proposal looked like a federal right guaranteed to all public company investors, but after SpaceX opted out before its recent initial public offering, other companies are likely to follow, says Mohsen Manesh at the University of Oregon School of Law.

  • How DOJ Is Approaching Monitorship After Signaling Limits

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    As the U.S. Department of Justice keeps more monitors in place than expected, a look at the matters in which prosecutors are maintaining oversight reveals the sort of companies enforcers might trust to self-remediate, and also those that may receive independent supervision, say attorneys at Kendall Brill.

  • Opinion

    DHS' World Cup Influencer Warning Overreads Visa Law

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    The U.S. Department of Homeland Security’s reported position that foreign influencers covering the 2026 World Cup need work visas if their content is monetized runs contrary to both legislative intent and long-standing precedent that structure the visa inquiry around labor market substitution, says Jun Li at Reid & Wise.

  • 3 Steps For Banks As Section 1071 Rule Finally Becomes Final

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    Some community banks and other lenders will get some breathing room in the final Section 1071 rule exempting them from small business lending reporting duties, but other reporting institutions should update applications, systems and staff training ahead of the 2028 compliance date, says Memrie Fortenberry at Jones Walker.

  • Why DOE Isn't Phasing Out Appliance Efficiency Regs

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    While the U.S. Department of Energy recently acted on President Donald Trump's 2025 executive order requiring it to consider sunsetting many energy regulations, the DOE has not proposed phasing out efficiency standards for appliances and industrial equipment — but it could pursue other approaches to ease such requirements, say attorneys at HWG.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Takeaways From 1st Del. Ruling Applying Moelis Amendments

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    Delaware corporations should carefully review contractual arrangements and governance documents following the Court of Chancery's recent enforcement of a non-Delaware forum selection clause in a CEO's employment agreement under 2024 amendments to the state's General Corporation Law, say attorneys at Morgan Lewis.

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