Public Policy

  • October 08, 2026

    Split Congress Could Spur Competing Probes, Cleary Finds

    If the new year brings an era of divided Congress, then "dueling investigations" into the same topics should be expected, Cleary Gottlieb Steen & Hamilton LLP said in a report it released Thursday.

  • October 07, 2026

    House, Senate Dems Pitch Plans To Clamp Down On AI Harms

    A House Democrat floated draft legislation Wednesday aimed at making it easier for those harmed by emerging artificial intelligence systems to sue developers for damages, on the same day that the top Democrat on the U.S. Senate Commerce Committee unveiled her own comprehensive framework for addressing "catastrophic" risks posed by AI.

  • October 07, 2026

    DNC Sues Over Trump's Taxpayer-Funded 'Propaganda Ads'

    The Democratic National Committee on Wednesday sued the Trump administration over its use of taxpayer dollars to air "political propaganda ads" promoting the president ahead of the November midterm elections.

  • October 07, 2026

    1st Circ. Clearing Appeals Over Old FCC Jail Phone Cap Order

    The First Circuit is clearing up a tangle of appeals it has on its plate challenging the Federal Communications Commission's prison phone rate caps after the agency threw a wrench in the plan by updating those regulations post-oral argument.

  • October 07, 2026

    California Federal Judge Jeffrey White To Retire After 24 Years

    Senior U.S. District Judge Jeffrey S. White will retire at the end of the year after nearly a quarter-century on the federal bench in Northern California.

  • October 07, 2026

    States Urge Justices To Fix Prediction Markets' Legal 'Chaos'

    A coalition of 39 states and the District of Columbia urged the U.S. Supreme Court on Wednesday to resolve a circuit split over the regulation of prediction markets like Kalshi, saying the industry's "aggressive theory of preemption" threatens states' sovereignty and ability to protect their residents. 

  • October 07, 2026

    Trump 'Outsourced' White House Press Functions, Judge Told

    Media organizations urged a New York federal judge on Wednesday to stop President Donald Trump from using Truth Social for his communications as long as the company offers paid early access to those posts, arguing that the private company's "entwinement" with the president violates the First Amendment.

  • October 07, 2026

    Trump Admin Challenge To Mich. Egg Rules Tossed

    A Michigan federal judge on Wednesday threw out the federal government's suit over the state's ban on eggs produced by caged hens, ruling that the government lacks standing to challenge the law.

  • October 07, 2026

    Justices Wary Of Prolonging Guam Ammo Disposal Suit

    The U.S. Supreme Court on Wednesday appeared wary of ruling that a Guam-based nonprofit can't challenge the U.S. Air Force's plan to explode expired munitions because its application to do so has yet to be approved by the territory's Environmental Protection Agency.

  • October 07, 2026

    Okla. Pot Agency Accused Of Retaliating Over Gender Pay Gap

    The Oklahoma Medical Marijuana Authority was hit with a sex discrimination and retaliation lawsuit by a former employee who claims the agency reprimanded her for pointing out that she was paid less than her male colleagues, according to a lawsuit filed in federal court Tuesday.

  • October 07, 2026

    RI Says Changed Law Moots Challenges To Pot Program

    It's time to bring to an end three lawsuits that challenged Rhode Island's social equity and adult-use cannabis licensing program, the state has told a federal court, arguing that the litigation is moot now that the Legislature has changed the challenged provisions.

  • October 07, 2026

    Local Banks Want In On Plan To Use Banks To Stop Robocalls

    Community banks want to make sure they qualify to issue letters of credit to voice providers if the Federal Communications Commission decides to go through with rules that would require companies to show they have financial backing in the hopes of staunching the onslaught of robocalls.

  • October 07, 2026

    FCC Eyes Spectrum Sale To Boost 5G, Satellite D2D

    The Federal Communications Commission's staff has teed up a proposal that would pave the way for a new auction of 25 megahertz worth of spectrum that could be used for advanced Earth-based wireless service and satellite connectivity to smart devices.

  • October 07, 2026

    PhRMA Sues To Block Medicare Foreign Drug Price Rule

    The pharmaceutical industry's top lobbying group asked a D.C. federal judge Wednesday to block a new Medicare rule tying Part B drug payments to prices abroad, claiming that the U.S. Department of Health and Human Services is imposing a "most-favored-nation" price control that Congress has repeatedly declined to enact.

  • October 07, 2026

    1st Circ. Seems Torn On DOJ Bid For Trans Care Records

    The First Circuit on Wednesday appeared divided over whether the Trump administration may access a wide array of documents related to gender-affirming care at Boston Children's Hospital, with judges asking pointed questions of lawyers on both sides.

  • October 07, 2026

    4th Circ. Says FCC Defied Congress Through Political Ad Rule

    A split Fourth Circuit panel Wednesday granted a request from Democratic candidates to force the Federal Communications Commission to issue a ruling on whether broadcasters may only charge the lowest possible rate for ads purchased by political committees attached to candidates.

  • October 07, 2026

    1st Circ. Presses NEA On 'Gender Ideology' Grant Criteria

    A First Circuit panel had sharp questions for the federal government Wednesday about its decision to disfavor National Endowment for the Arts grant applicants who "promote gender ideology," with one judge saying the arts program is supposed to be insulated from politics.

  • October 07, 2026

    DHS Eyes Up To $100K Foreign Student Work Program Fee

    The U.S. Department of Homeland Security proposed a rule Wednesday that would impose a $70,000 fee for foreign students to work in their fields, and another $30,000 tacked on for students in science, technology, engineering and mathematics fields.

  • October 07, 2026

    DOT Unveils Plan To Modernize Space Launch Licensing

    U.S. Transportation Secretary Sean P. Duffy has announced that the Federal Aviation Administration is proposing five new rules to streamline and modernize the commercial space launch and reentry regulations.

  • October 07, 2026

    States Say DHS Is Tying Grants To Immigration Agenda, Again

    A coalition of 20 states and the District of Columbia told a Rhode Island federal court Wednesday that the Trump administration is still unlawfully tying certain grant funding to their assistance with immigration enforcement efforts, in violation of the court's permanent injunction rulings.

  • October 07, 2026

    8th Circ. Upholds $35,000 Costs Award In DAPL Protest Case

    An Eighth Circuit panel has upheld a lower court's award of more than $35,000 in costs to Morton County, North Dakota, and its officials in a challenge by an environmentalist who was severely injured by law enforcement during a protest over the Dakota Access pipeline.

  • October 07, 2026

    1st Circ. Skeptical Of Legal Basis For IRS-ICE Data Sharing

    The First Circuit repeatedly suggested during a hearing Wednesday that the Trump administration's use of a privacy exception in the tax code for criminal investigations to justify demanding tax records of noncitizens could allow it to target nearly anyone's private returns.

  • October 07, 2026

    DOJ Urges Judge To Lift Block On Birthright Citizenship Order

    The Trump administration is urging a Maryland federal judge to dissolve her injunction blocking its latest executive order aiming to limit birthright citizenship, claiming that new agency guidance confirming that the policy only applies to children born after it takes effect leaves the families who originally sued without standing.

  • October 07, 2026

    Tenn. Judge Tosses Developer's Data Centers Moratorium Suit

    A Tennessee federal judge has tossed a data center developer's challenge to a moratorium on data centers without prejudice, ruling in part that the suit is inconsistent when it comes to the type of property interest that the developer is asserting with its allegations.

  • October 07, 2026

    Colo. Legislative Aide Says He Was Fired For Pay Complaints

    A Colorado state representative fired a senior legislative aide after he objected to doing campaign work on taxpayer-funded time and complained that she failed to fairly pay him for hundreds of hours of campaign work, according to a suit filed in Colorado state court.

Expert Analysis

  • Assessing DOJ Antitrust's New, Faster Merger Review Option

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    The U.S. Justice Department Antitrust Division's recently announced targeted second request option and new model timing signal a commercially friendly stance and a departure from the prior administration's position, say attorneys at Paul Weiss.

  • NRC Proposal May Reshape Radiation Protection Framework

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    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • AG Watch: Minn. Defends Prediction Markets Ban

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    Minnesota Attorney General Keith Ellison has aggressively defended the state's landmark statute banning prediction markets, but the court's July 27 temporary injunction in U.S. v. Minnesota blocking the law from taking effect could set the template for state authority across the country, say attorneys at Crowell & Moring.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

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    Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

  • From Order To Regulation: How EOs Are Reshaping Banking

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    The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

  • Rhode Island Self-Checkout Law Signals National Trend

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    Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • Opinion

    USCIS Delays Shouldn't Mean Detention For EB-5 Investors

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    Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

  • What FERC Concurrences Reveal About Large Load Priorities

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    The Federal Energy Regulatory Commission's recent orders concerning grid operators' procedures for connecting large loads like data centers to the power grid came with concurring statements from the FERC commissioners, which provide key insights into individual commissioners' concerns and a road map for compliance, say attorneys at Womble Bond.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • CFPB Fair Lending Litigation Reveals Compliance Complexity

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    A recent legal challenge to the Consumer Financial Protection Bureau's fair lending amendments underscores continuing uncertainty over disparate impact liability, discouragement standards and special purpose credit programs, signaling that financial services providers should avoid hasty compliance changes, say attorneys at Weiner Brodsky.

  • Ensuring Eligibility For Data Center Sales Tax Breaks

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    As states compete to lure data centers, sales tax exemptions are an important component of many incentive packages — but companies must ensure that projects not only qualify for exemptions on paper, but also can preserve and prove their eligibility through the planning, construction and operation phases, says Peter Lowy at Nelson Mullins.

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