Public Policy

  • July 28, 2026

    DC Circ. Backs EPA's Pollution Review Regulation Process

    A D.C. Circuit panel sided with the U.S. Environmental Protection Agency in its fight with environmental groups challenging rules for determining whether modifications to major pollution sources trigger new review, holding Tuesday the rule is neither inconsistent with the Clean Air Act nor arbitrary and capricious.

  • July 28, 2026

    Judge Pares Suit Challenging Empire Wind Project

    A D.C. federal judge has trimmed a lawsuit contesting federal approvals for a wind farm off the New York and New Jersey coasts while preserving claims that the government wrongly allowed the project to harm migratory bottlenose dolphin populations.

  • July 28, 2026

    Cannabis User Urges 8th Circ. To Rehear Gun Case

    A man convicted of possessing a pistol while using marijuana is urging the Eighth Circuit to rehear his case, arguing that its prior decision to uphold his guilt conflicts with the appeals court's prior ruling requiring the government to prove that a person's drug use caused their dangerous behavior.

  • July 28, 2026

    Senators Urge CFTC Rule Slowdown Over Tribal Concerns

    Leaders of the U.S. Senate Indian Affairs Committee are urging the U.S. Commodity Futures Trading Commission to extend the public comment deadline for its proposed rule that could govern the way the agency oversees prediction markets, saying it's critical that Indigenous nations have time to evaluate its effects.

  • July 28, 2026

    Flawed NLRB Protections Can't Stop Case, Texas Judge Says

    National Labor Relations Board members' and judges' job protections are unconstitutional, but these flaws don't block the agency from prosecuting labor violations, a Texas federal judge said in a decision splitting with a recent ruling from a different district.

  • July 28, 2026

    Contempt Bid Denied In Guatemalan Kids Removal Order Case

    A D.C. federal judge rejected a bid to hold immigration officials in contempt for allegedly violating a court order prohibiting the removal of unaccompanied Guatemalan children, finding no evidence of any of the children actually being deported.

  • July 28, 2026

    8th Circ. Keeps Some Claims Alive In Jail Macing Suit

    The Eighth Circuit has partially revived a lawsuit brought by four incarcerated people in a St. Louis jail, finding that guards at the facility should not be granted complete qualified immunity from claims that they used excessive force.

  • July 28, 2026

    Trade Court OKs Canadian Lumber Duties Recalculation

    The U.S. Department of Commerce appropriately applied a new price differential test to calculate slight alterations of antidumping duties on Canadian softwood lumber exporters, the U.S. Court of International Trade ruled.

  • July 28, 2026

    Judge Mulls Pausing Medicaid Work Rule For 'Frail' Recipients

    A Massachusetts federal judge said Tuesday he anticipates deciding by the end of the week whether the Trump administration will have to pause part of a new rule states must follow in determining whether medically frail Medicaid recipients are exempt from new work or school requirements.

  • July 28, 2026

    Calif. Judge Won't Toss Challenge To Homeless Camp Sweeps

    A California federal judge partially tossed a proposed class action challenging homeless camp sweeps conducted by California's Department of Transportation and local police working for San Diego County, the city of Santee and the city of Lakeside, but allowed many of the claims to proceed.

  • July 28, 2026

    Humanoids, Other Robotics Added To FCC's Nat'l Security List

    The Federal Communications Commission said Tuesday that humanoids and other advanced robotics newly produced in foreign countries will be included on the "covered list" of products restricted from U.S. importation and marketing.

  • July 28, 2026

    Pa. Panel Narrows Test For Tax Exemption On Charities' Land

    A Pennsylvania appeals court panel held Tuesday that the Salvation Army was wrongly denied a real estate tax exemption for an outdoor retreat by the organization, saying that the entire property was operated in keeping with the group's charitable mission.

  • July 28, 2026

    ICE Facility's Appointed Monitor Reports Medical Neglect

    U.S. Immigration and Customs Enforcement is failing to comply with a California federal judge's preliminary injunction order requiring it to provide an adequate healthcare system at a detention center in the western Mojave Desert, according to a report from a court-appointed monitor.

  • July 28, 2026

    Connecticut's ICE Arrest 'Obstacles' Can't Stand, Feds Say

    A Connecticut state law and a local executive order that limit cooperation with immigration authorities are preempted by acts of Congress and must be struck down, the U.S. government told a federal court.

  • July 28, 2026

    Ga. Justice Hopefuls Say Watchdog Violates Their Free Speech

    Two unsuccessful candidates for seats on the Georgia Supreme Court are urging a Georgia federal court to keep their suit alive, arguing that the state's judicial watchdog violated their freedom of speech when it publicly accused them of violating ethics rules days before the May election.

  • July 28, 2026

    Ex-FCC Officials Call Agency's ABC Station Probe 'Retaliatory'

    Several former top officials at the Federal Communications Commission called on FCC Chair Brendan Carr on Tuesday to abandon an early review of eight Disney-owned ABC stations' licenses, calling the action a "grave violation" of federal law and free speech protections.

  • July 28, 2026

    High Court Asked To Take Another Settled Expectations Case

    E-learning company Kahoot Inc. is pushing the U.S. Supreme Court to take up its challenge to the U.S. Patent and Trademark Office's practice of using settled expectations as a reason to deny patent reviews, marking the second petition before the high court on the issue.

  • July 28, 2026

    Texas Panel Says Sysco Can't Arbitrate Driver Injury Claim

    A Texas appeals court on Tuesday found that Sysco USA I Inc. cannot compel arbitration in a delivery driver's injury suit, as the driver is exempt from the Federal Arbitration Act as a transportation worker.

  • July 28, 2026

    Mich. Jury Rejects Student's Title IX Claim

    A Michigan federal jury found Tuesday that a Ypsilanti, Michigan, school district had actual knowledge of harassment reported by a student but concluded the alleged conduct was not severe and pervasive enough to trigger liability under Title IX, returning a verdict for the defense after fewer than two hours of deliberations. 

  • July 28, 2026

    340B Appellate Cases To Watch In The 2nd Half Of 2026

    Drugmakers are pressing appellate judges in the back half of 2026 to strike down state laws blocking them from restricting 340B contract pharmacy arrangements. Law360 Healthcare Authority has the cases to watch.

  • July 28, 2026

    Teva Can't 'Literally Whine' Of Being Held To DOJ Admissions

    A Pennsylvania federal judge has taken Teva to task for trying to avoid being held to its admissions of price-fixing in a $225 million settlement with the U.S. Department of Justice, ruling that Humana can use those admissions in one of the first bellwether trials in sprawling multidistrict litigation.

  • July 28, 2026

    Feds Say Ethiopian TPS Suit Rehashes Unreviewable Claims

    The Trump administration urged a Massachusetts federal court to toss an amended lawsuit challenging its revocation of Ethiopia's temporary protected status designation, leaning on the U.S. Supreme Court's recent ruling allowing it to terminate TPS for Haiti and Syria.

  • July 28, 2026

    Commerce Establishes Tariff Offsets For Domestic Engines

    Domestic manufacturers of engines for cars and medium- and heavy-duty trucks are now eligible for tariff offsets for sectoral duties placed on imported parts, the U.S. Department of Commerce said Tuesday.

  • July 28, 2026

    Tribal Nonprofit Says Feds Wrongly Denied Washeteria Funds

    An Indigenous Alaskan corporation is suing the United States and Health and Human Services officials after it says they unlawfully rejected a funding agreement that would allow it to help provide access to clean drinking water, personal hygiene and healthcare services to rural villages and the city of Wales.

  • July 28, 2026

    Brazil Files Complaint At WTO Against US Tariffs

    The Brazilian government filed a complaint at the World Trade Organization against U.S. tariffs placed on Brazilian goods, arguing that the measures run afoul of global trade rules, it said Monday evening. 

Expert Analysis

  • What Ex-CFPB Head's Calif. Role May Foretell For Oversight

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    California Gov. Gavin Newsom's selection of former Consumer Financial Protection Bureau Director Rohit Chopra to lead a new consumer agency signals tougher state financial services oversight, especially for fintechs, as well as heightened enforcement activity and larger penalties, say attorneys at WilmerHale.

  • Why SEC Climate Rule Rescission Wouldn't End Disclosure

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    If the U.S. Securities and Exchange Commission's recent proposal to rescind its 2024 climate-related disclosure rules is adopted, companies would no longer need to prepare for the rules' specific governance, emissions, attestation, financial statement and tagging requirements, but several important constraints would remain, say attorneys at Venable.

  • New Colo. Retainage Bonds Shift Construction Power Balance

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    A new Colorado law that can force property owners and developers to accept bonds from contractors in lieu of traditional cash retainage means owners’ practical leverage now derives from administering a risk-transfer mechanism, not from controlling cash, but key questions remain about who may assert a claim and how enforcing a bond actually works, say attorneys at Akerman.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Immigration Ruling Maps Alternative To Universal Injunctions

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    A Rhode Island federal court's decision in Dorcas International Institute of Rhode Island v. USCIS vacating policies that froze key immigration adjudications for nationals of 39 countries, and paused asylum applications altogether, suggests how practitioners might press for the Administrative Procedure Act's bad faith exception to record review and seek vacatur as a viable alternative to universal injunctions, says Kemal Hepsen at Mandamus Lawyers.

  • New Va. Finance Laws Signal Consumer Protection Push

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    Virginia's 2026 legislative session produced several noteworthy developments for financial institutions, including garnishment reforms, mortgage assumption requirements and debt collection reforms, signaling broader trends toward increased consumer protection, enhanced fraud prevention obligations and greater accountability in financial services operations, says Jay Spruill at Woods Rogers.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How Maine's Expanded Health Deal Reviews Complicate M&A

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    A pair of recently approved Maine competition laws establish notice and approval requirements for certain healthcare transactions and expand state antitrust oversight, creating new hurdles for dealmakers as states take a more aggressive role in policing healthcare consolidation, especially involving private equity, say attorneys at McDermott.

  • Opinion

    Congress Must Resolve Growing Subchapter V Uncertainty

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    Congress must pass a bill to permanently restore the Subchapter V debt limit and clarify several other key points of the law to prevent a practical restructuring tool from becoming a costly procedural morass, says Ted Gavin at Gavin Solmonese.

  • CFTC Policy Substantially Expands Self-Reporting Incentives

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    A recent U.S. Commodity Futures Trading Commission policy moves from a mitigation-centered model to prioritizing declination for early self-reporting and full cooperation, reflecting a deliberate effort to harmonize voluntary self-disclosure incentives across the federal enforcement authorities, say attorneys at Sullivan & Cromwell.

  • Opinion

    Exxon Shareholders Were Right To Save New Voting Program

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    Following Exxon shareholders’ recent vote that rejected a bid to dismantle the company’s new retail voting program, other companies should replicate it as a way to lower the friction for shareholders who already vote with the board to keep doing so without wrestling a ballot every spring, says J.W. Verret at the Antonin Scalia Law School.

  • 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.

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