Public Policy

  • August 18, 2026

    At DC Circ., Pharma's Latest Pricing Loss Has Silver Linings

    The pharmaceutical industry's far-flung crusade against Medicare's new negotiation powers suffered a fresh setback Tuesday as the D.C. Circuit joined sister circuits in upholding the landmark pricing program, but the defeat contained consolation prizes that will fuel further litigation.

  • August 18, 2026

    Zuckerberg Waved Off Filter Criticism, Tenn. Jury Hears

    A former Meta executive overseeing responsible innovation testified Tuesday that Mark Zuckerberg iced out her thoughts regarding the harm to teens of cosmetic surgery image filters, but said generally the company's employees are well intentioned when it comes to user safety.

  • August 18, 2026

    'Profits Won': States Say Meta Targeted Kids As Trial Opens

    An attorney for more than two dozen states told a California federal jury during opening statements Tuesday that Meta hid what it knew about social media's mental health harms and prioritized profits over safety in a yearslong effort to hook kids on its platforms, while Meta defended its safety practices as best-in-class.

  • August 18, 2026

    Hesai Deprived Due Process Over DOD List, DC Circ. Says

    A D.C. Circuit panel held Tuesday that a Department of Defense decision to include Shanghai lidar-maker Hesai on a list of Chinese military companies didn't give the company due process, reversing a lower court's ruling while also allowing the designation to remain in effect.

  • August 18, 2026

    Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

    The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court.

  • August 18, 2026

    11th Circ. Says Clerk's Notice Fail Sank Fla. Funds Seizure

    The Eleventh Circuit ruled Monday that a Florida county court clerk violated the Fifth and Fourteenth amendments by taking funds deposited in a court registry as part of an eviction proceeding, because the clerk's notice to the owner of the funds was not reasonably calculated to reach him.

  • August 18, 2026

    Texas AG Asks 1st Circ. To Revive ActBlue Suit

    The Texas attorney general has asked the First Circuit to revive his Texas-based lawsuit against Democratic fundraising platform ActBlue after a Massachusetts federal court blocked it, saying the federal judge improperly stymied his state-based fraud claims.

  • August 18, 2026

    Microsoft Harvests K-12 Student Data, Class Action Claims

    Microsoft Corp.'s partnerships with K-12 schools in Washington have allowed the technology giant to collect and profit from swaths of personal student data in violation of state and federal law, according to a proposed class action filed by four minor students who attend public schools in Spokane, Washington.

  • August 18, 2026

    5th Circ. Rejects Texas Water Case Against River Authority

    The Fifth Circuit refused Tuesday to revive a private water utility's antitrust case targeting Texas' San Jacinto River Authority contract fees designed to reduce groundwater use, concluding that the contract was not designed to fix prices.  

  • August 18, 2026

    ATF's Ghost Gun Rule Found Unconstitutional By Texas Judge

    A Texas federal judge has ruled that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits violates the Second Amendment because it runs counter to America's colonial tradition of home gunsmithing.

  • August 18, 2026

    Trump Admin Moves To Cut Roadless Rule Forest Protections

    The U.S. Forest Service on Tuesday said it's moving ahead with a plan to repeal a decades-old rule that has protected tens of millions of acres of national forest from road building and logging, asserting it has unacceptably hampered efforts to reduce wildfire risk.

  • August 18, 2026

    Trump Names 9 Judicial Picks Across 6 States

    President Donald Trump announced nine nominees Tuesday for judicial spots in Florida, Texas, Louisiana, Kentucky, Oklahoma and Alaska. 

  • August 18, 2026

    Squires Says RPIs Must Be Named If They Can Control Cases

    The U.S. Patent and Trademark Office director explained why he rejected Viance LLC's challenge of a Koppers Performance Chemicals Inc. patent, faulting Viance for failing to disclose real parties in interest and writing that a company's mere ability to control a challenger makes it an RPI.

  • August 18, 2026

    Conn. Pans DOJ's Injury Claims In Use-Of-Force Law Dispute

    The state of Connecticut has challenged the U.S. Department of Justice's attempt to invalidate recent laws on use of force, identification and face covering that two state officials said could affect federal officers, arguing the DOJ failed to allege "concrete harm" or validly claim federal officers can't be prosecuted for crimes.

  • August 18, 2026

    Ex-Meta Worker Says His EB-2 Letter Concerns Got Him Fired

    A former Meta Platforms Inc. product design manager sued the social media giant and his former supervisor in New Jersey federal court, claiming that he was fired after refusing to sign an immigration support letter for a colleague because he believed it contained inaccurate or unsupported facts.

  • August 18, 2026

    House GOP Still Pushing For Broadband Permit Bill This Year

    Despite months of delays, Republican leaders in the U.S. House of Representatives are still pressing for legislation that would compel local governments to act faster on broadband permit applications, a top congressional aide said Tuesday.

  • August 18, 2026

    Alaska Judge Voids 500-Acre Land Swap For Refuge Road

    A district court judge vacated an Interior Department decision to exchange 500 acres to allow road construction on Izembek National Wildlife Refuge lands for failing to comply with the provision of a federal Alaskan land law, saying in a Tuesday order that the transaction has no "force or effect."

  • August 18, 2026

    10th Circ. Revisits Banks' Challenge To Colo. Opt-Out Law

    The Tenth Circuit on Tuesday reconsidered a challenge from banking groups to a Colorado law intended to curb high-cost lending by out-of-state banks, pressing counsel on the practicality of Colorado's law and the history of a federal interest rate law.

  • August 18, 2026

    Exchanges Ask SEC To Delay Trade-Through Rule Withdrawal

    Some of the largest stock exchanges are urging the SEC to hold off on eliminating a rule that prohibits exchanges from executing trades at lower prices than the best displayed price available on other exchanges, saying the agency should first consider how the rule's elimination could impact broader market structure.

  • August 18, 2026

    Are Trump Diamond Tariff Breaks Tied To Gift? Wyden Asks

    Sen. Ron Wyden, D-Ore., on Tuesday demanded answers about President Donald Trump granting a tariff exemption for diamonds shortly after being given a gem-coated watch, claiming the circumstances may be tantamount to bribery, while also raising concerns about potential conflicts of interest in a separate duty investigation.

  • August 18, 2026

    NCUA Board Left Sitting Empty As Trump Pick Waits In Wings

    The National Credit Union Administration has entered its second week with an empty governing board, an unusual leadership vacuum that could limit the agency's ability to take certain formal actions until President Donald Trump's newly confirmed board pick assumes office.

  • August 18, 2026

    Pennsylvania Now Requires Local Approval For Data Centers

    Pennsylvania Gov. Josh Shapiro said Tuesday he has signed an executive order imposing additional requirements on developers seeking to build data centers in the state, including a mandate that projects must obtain approval by local municipalities before the state will allow them to advance.

  • August 18, 2026

    DOJ Says 'Heroes' Garden Too Hypothetical To Support Suit

    The Trump administration's plans to install a National Garden of American Heroes in the capital's West Potomac Park remain too much of a preliminary concept to support a challenge brought by conservation and historic preservation groups, the U.S. Department of Justice told a Washington, D.C., federal judge.

  • August 18, 2026

    DEA Blasts Marijuana Foes' Objections To Rescheduling

    The U.S. Drug Enforcement Administration on Monday told an administrative law judge that federal restrictions should be loosened on marijuana and that opponents of cannabis reform brought a meritless challenge to health regulators' assessment of the drug's medical use.

  • August 18, 2026

    Dems Urge DOJ To End 'Mega Master' Immigration Hearings

    Democratic lawmakers from Illinois urged the U.S. Department of Justice on Tuesday to cease scheduling dozens of immigrants for hearings at the same time in Illinois and other states, a practice they say fuels the administration's "mass deportation campaign."

Expert Analysis

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

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    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Examining 3 Notable DOL Moves In The First Half Of 2026

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    With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

  • Weighing The Implications Of The Anthropic Export Directive

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    The Trump administration recently issued an export control directive against Anthropic to suspend all access to Fable 5 and Mythos 5 by any foreign national, representing one of the first uses of the regime against a frontier large language model in widespread commercial distribution, says attorney Sohan Dasgupta.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk

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    Recent amendments to Oklahoma's Production Revenue Standards Act — the most comprehensive in decades — raise the stakes for true noncompliance with the state's oil and gas royalty payment framework, while offering operators clearer rules, defined interest boundaries and predictable exits from prolonged suspense situations, say attorneys at GableGotwals.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Is The SEC Entering Fight Over Prediction Market Oversight?

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    The U.S. Securities and Exchange Commission had remained largely silent on prediction market regulation until last week, but that trend may be changing, as many event contracts could qualify as security-based swaps, which are subject to the SEC's oversight under current definitions, say attorneys at Bradley Arant.

  • Data Reveals Pivot In Feds' Financial Fraud Priorities

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    Recent Justice Department data shows fraud prosecutions fell to their lowest rate in a decade in 2025, illustrating a move away from traditional financial cases and toward a targeted mix of healthcare, government program, consumer and sanctions matters, say Paul Hinton and Adrienna Huffman at The Brattle Group.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • Trump AI Order: Voluntary Framework, Mandatory Implications

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    President Donald Trump's recent executive order promoting the advancement of artificial intelligence innovation and security establishes a new framework for government collaboration with the AI industry, but its classified benchmarking criteria, prerelease framework terms and operational rules will determine whether it establishes de facto compliance expectations, say attorneys at Ropes & Gray.

  • FDIC Proposal Takes Bank-Like AML Approach To Stablecoins

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    Rather than craft a bespoke regime for stablecoin issuers, a recently proposed Federal Deposit Insurance Corp. rule builds a technology-neutral Bank Secrecy Act compliance framework under the Genius Act, firmly anchoring stablecoins within the U.S. financial regulatory perimeter, says David Zaslowsky at Baker McKenzie.

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