Public Policy

  • September 16, 2026

    Zillow Must Arbitrate MLS Claims, Compass Claims Paused

    An Illinois federal court has refused Zillow's request for an injunction in its case accusing a Chicago-area multiple listing service of working with Compass to block access to home listings and sent the claims against the MLS to arbitration.

  • September 16, 2026

    1st Circ. Hints Trump Admin Sought To Skirt Review Of Cuts

    The First Circuit on Wednesday repeatedly suggested that the Trump administration had sought to evade court review by intentionally failing to issue written guidance before it began shuttering federal programs targeted by the president in an executive order last year.

  • September 16, 2026

    BofA Settles Suit Over Maryland Pandemic Benefits Cards

    Bank of America on Wednesday agreed to settle a proposed class action alleging it mismanaged Maryland's unemployment benefits debit cards during the pandemic.

  • September 16, 2026

    Del. Defends Absentee Voting Law At State High Court

    Two Delaware Senate candidates urged the Delaware Supreme Court on Wednesday to strike down the state's permanent absentee voting system as unconstitutional, while state election officials defended the law as a valid way to administer absentee voting for people who remain eligible over multiple elections.

  • September 16, 2026

    SEC Floats Eliminating Shareholder Proposal Rule

    The U.S. Securities and Exchange Commission on Wednesday proposed a number of changes to the way publicly traded companies seek shareholder input, including by promising to eliminate one of the pathways shareholders can use to place their own proposals on corporate ballots. 

  • September 16, 2026

    FTC Deal Bars Gunmakers From Overlapping Board Members

    Beretta Holding SA is swearing off putting any of its own executives on fellow gunmaker Ruger's board under a Federal Trade Commission settlement announced Wednesday addressing competitive overlap concerns from a more than $100 million deal that will increase Beretta's stake in the company from 9.95% to up to 25%.

  • September 16, 2026

    Va. DOT Warns FCC Deadlines For Permits May Be Too Short

    The Virginia Department of Transportation has warned the Federal Communications Commission that a plan to limit state and local telecom permit reviews to 120 days might not offer enough time, especially if service providers' applications are faulty.

  • September 16, 2026

    ICE Blocked From Threatening Critic Who Sent Scathing Email

    A D.C. federal judge on Tuesday blocked U.S. Immigration and Customs Enforcement from threatening to prosecute a critic who sent a scathing email comparing then-acting Director Todd Lyons to a Nazi, saying the "warning notice" ICE agents issued on the Rochester man's doorstep likely violates his free speech rights. 

  • September 16, 2026

    80 Hospitals End Suit Over Now Vacated HHS Payment Rule

    A group of 80 hospitals has voluntarily ended a lawsuit against the U.S. Department of Health and Human Services over denied Medicare payment appeals after a D.C. federal court vacated a 2023 rule affecting how those payments were calculated.

  • September 16, 2026

    States Say DOJ's RealPage Deal Doesn't Affect Their Claims

    A group of states told a North Carolina federal court to reject property management software company RealPage Inc.'s argument that its rent price-fixing settlement with the federal government moots the states' antitrust claims.

  • September 16, 2026

    DOJ Says Groups Can't Halt Rule Skipping Asylum Interviews

    The Trump administration told a D.C. federal judge that immigrant legal service providers lack standing to challenge a rule permitting asylum officers to skip interviews if someone is ineligible for asylum and send those cases straight to immigration court.

  • September 16, 2026

    10th Circ. Clears The Way To Fill Denver's Expanded Reservoir

    The Tenth Circuit has cleared the way for Denver Water to begin filling an expanded reservoir that holds the city's water supply, finding the U.S. Army Corps of Engineers did not err when approving a permit for the project.

  • September 16, 2026

    Pa. Justices Ask When Canes, Hot Dogs Become Crime Tools

    Pennsylvania's justices contemplated pummeling one another with canes, gavels and hot dogs as they grappled with what transforms a mundane object into an "instrument of crime" during arguments Wednesday.

  • September 16, 2026

    Conn. Judge Trims Claims In 3M Firefighter PFAS Suit

    A Connecticut federal judge has dismissed some "forever chemicals" allegations lodged against 3M Co. by state firefighter unions and firefighters in a Minnesota multidistrict litigation concerning municipalities that purchased firefighting turnout gear, ruling that the unions lack associational standing over certain claims in the case.

  • September 16, 2026

    6th Circ. Ruling Puts Cannabis Deals In Question

    The Sixth Circuit's decision reversing a $31.8 million jury judgment against cannabis giant Curaleaf on the grounds that marijuana is federally illegal is bound to have ramifications for industry players who seek redress in federal courts, attorneys told Law360.

  • September 16, 2026

    EU Eyes Canada As First Associate Member Amid Rift With US

    The European Union may take steps to include Canada as its first associate member in the wake of growing U.S. trade uncertainty, European Commission President Ursula von der Leyen said Wednesday.

  • September 16, 2026

    Cannabis Venture Says Township Caved To Public Pressure

    A pair of companies alleged in a federal lawsuit Tuesday that the planning board of a New Jersey township unlawfully torpedoed their plan to open a marijuana cultivation facility because of community hostility to the plan.

  • September 16, 2026

    Underdog Sues To Stop Conn. Crackdown On Event Contracts

    The prediction market operator Underdog has joined a growing legal fracas with Connecticut officials who are trying to shut down alleged online sports betting in the state, arguing in a new federal lawsuit that only the U.S. Commodity Futures Trading Commission has jurisdiction over such companies.

  • September 16, 2026

    Trade Court OKs Korean Pipe Duties In Decade-Long Dispute

    The U.S. Court of International Trade backed the latest U.S. Department of Commerce determination in a long-running challenge to antidumping duties on imports of South Korean pipes that first started in 2016, finding the department properly used a new pricing test.

  • September 16, 2026

    Minn. Court Drops $22M From Wells Fargo Tower's Tax Value

    A Wells Fargo office tower in Minneapolis was overvalued by $22 million by the local assessor, the Minnesota Tax Court said, looking at the sales prices of the building itself and applying calculations that it called for in a previous order.

  • September 16, 2026

    DOJ Fights Acquittal Motion Following Okla. Bid-Fixing Verdict

    The U.S. Department of Justice is urging an Oklahoma federal court to reject an acquittal bid from a man convicted of participating in an erosion control company's bid-rigging conspiracy that allegedly affected over $100 million in publicly funded transportation construction contracts.

  • September 16, 2026

    5th Circ. Says EPA Went Too Far With Chemical Ban

    The Fifth Circuit has sided with a group of chemical companies and vacated a U.S. Environmental Protection Agency rule that banned nearly all uses of methylene chloride, saying the agency went too far in evaluating the substance as a whole instead of its uses.

  • September 16, 2026

    Senate Panel Weighs 6 Trump Judicial Picks From Red States

    Six nominees for U.S. district judge appeared before the Senate Judiciary Committee on Wednesday for their nomination hearing.

  • September 16, 2026

    NGOs Petition Burnham For Wealth Tax Ahead Of Budget

    Prime Minister Andy Burnham should introduce a tax to target "extreme wealth" in the upcoming autumn budget, a coalition said Wednesday.

  • September 15, 2026

    DOJ Says Fed Law Preempt Colo., Denver Efficiency Mandates

    The Trump administration told a Colorado federal court Tuesday that federal law preempts Colorado and the city of Denver's regulations on greenhouse gas emissions from buildings, backing a magistrate judge who recommended that a lawsuit challenging the regulations proceed.

Expert Analysis

  • Opinion

    Md. Court Got Ad Tax Similarity Analysis Wrong

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    Decisions striking Maryland’s digital advertising tax are fundamentally flawed because the Maryland Tax Court found similarity between digital ads and other ads without considering deep market distinctions, says Darien Shanske at UC Davis School of Law.

  • Opinion

    NC Litigation Funding Ban Sets Model For Other States

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    States worried about rising liability costs and the commercialization of their courts should treat North Carolina's recently enacted litigation funding ban as a model because a prohibition adequately addresses the distortion that disclosure only documents, say attorneys at McAngus Goudelock.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • Planning For The Impact Of FinCEN's CTA Rollback

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    The Financial Crimes Enforcement Network's recent rollback of Corporate Transparency Act reporting obligations should reduce compliance costs, but its plans to revisit customer due diligence rules should prompt companies and financial institutions to reassess state beneficial ownership programs, say attorneys at Sidley.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • EPA Guidance May Simplify On-Site Power For Data Centers

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    At a moment when wait times to connect large loads to the electric grid can stretch into years, two recent U.S. Environmental Protection Agency guidance documents seek to make it easier for data center developers to set up on-site power generation — but much will depend on how quickly states and localities update their own rules, say attorneys at Alston & Bird.

  • Fed's Capital Rule Proposal Could Help Banks Stay Mutual

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    The Federal Reserve Board's recent proposal to comprehensively rewrite its capital rule and reduce procedural requirements for mutual holding companies would support community banking by allowing mutual institutions new ways to fund growth without converting to stock form, say attorneys at Nutter.

  • 8(a) Firms Face New Risks From Pass-Through Arrangements

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    ​Prime contractors and subcontractors with pass-through arrangements involving the Small Business Administration's 8(a) business development program should ensure they are prepared for heightened litigation risks created by the administration’s use of False Claims Act whistleblowers to target fraud in diversity, equity and inclusion programs, say attorneys at RJO.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • CISA Town Halls Signal Key Cyber Rule Changes Ahead

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    The Cybersecurity and Infrastructure Security Agency recently held a series of town halls to gather additional stakeholder input on the Cyber Incident Reporting for Critical Infrastructure Act, offering potential insights into how the agency may address key issues in a forthcoming final rule, say attorneys at Covington.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Home Equity Products Face Expanding Regulatory Patchwork

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    Home equity investment providers, which have recently come under scrutiny from regulators and industry groups, face meaningful burdens as the U.S. Senate and a growing number of states take divergent regulatory approaches, with no uniform standard likely anytime soon, say attorneys at Bradley.

  • How Orbital Data Centers May Test NEPA's Reach

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    With environmental and scientific groups recently pushing back against the Federal Communications Commission's proposal to exempt massive data center satellite constellations from review under the National Environmental Policy Act, the question of whether NEPA even applies to projects in space turns on three closely related issues, say attorneys at Morgan Lewis.

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