Public Policy

  • August 11, 2026

    DC Circ. Says FERC Properly Allowed Grid Project Cost Shift

    The D.C. Circuit on Tuesday backed Federal Energy Regulatory Commission orders greenlighting the exemption of a Kansas electricity cooperative's transmission projects from a regional grid operator's process to determine how project costs are divided before they're approved.

  • August 11, 2026

    Nations Concerned By Nexus For Service Fees In UN Tax Pact

    Some nations expressed concern that overlapping claims to source-taxation rights could arise under the nexus rules within the United Nations framework tax convention's draft protocol on cross-border services, according to negotiations Tuesday.

  • August 11, 2026

    1st Circ. Won't Immediately Stay TPS Work Permit Cap

    The First Circuit has declined to administratively stay the federal government's move to limit work authorization for immigrants with temporary protected status, but set a Friday deadline to complete briefing and indicated a swift ruling is coming.

  • August 11, 2026

    FTC Tells DC Circ. No Harm From Dropped NewsGuard Probe

    The Federal Trade Commission told the D.C. Circuit that NewsGuard has not shown irreparable harm from a subpoena that was later withdrawn, or from the terms of a merger settlement, in a case accusing the commission of retaliating against the news rating group.

  • August 11, 2026

    DOJ Drops 3rd Circ. Bid For Pa. Hospital Trans Patient Info

    The U.S. Department of Justice has dropped its request for the Third Circuit to review a district court's order quashing its demand for records on patients who received gender-affirming care at a University of Pittsburgh Medical Center children's hospital, effectively ending its subpoena fight in the district.

  • August 11, 2026

    Kalshi Loss Dooms Coinbase's Bid To Block Conn. Enforcers

    A Connecticut federal judge has denied Coinbase's request to keep state gaming regulators from cracking down on its sports offerings, tying the decision to a nearly identical ruling he made against Kalshi earlier in the day.

  • August 11, 2026

    Ga. Justices Call For Balancing Privacy Rights In Herpes Suit

    Georgia's top court ruled Tuesday that the privacy rights of a man accused of giving his ex-girlfriend genital herpes must be balanced against her interest in obtaining medical records to support her claims, resolving what the justices called a novel question.

  • August 11, 2026

    SEC Prepared To Introduce Crypto Regulations This Week

    The U.S. Securities and Exchange Commission plans to hold a meeting Friday during which it could issue a proposed rule outlining a path forward for the trading of crypto-assets under the agency's oversight.

  • August 11, 2026

    NYC Keeps 2nd Home Tax On Target After Court Halts Rollout

    New York City moved to halt a judge's ruling that temporarily paused the rollout of its tax on high-value second homes, preserving the tax's implementation and current deadline for individuals to challenge the city's initial determinations about which properties may be subject to the levy.

  • August 11, 2026

    Renewed Gold Mining In Mojave National Preserve Halted

    A federal district court judge has halted gold mining within the Mojave National Preserve, saying the National Park Service violated a law designed to protect sensitive ecosystem by authorizing an Australian company to resume operations in the preserve based on an outdated plan without requiring compliance with current environmental regulations.

  • August 11, 2026

    Fed. Circ. Says Floor Importers Forfeited Duty Rate Appeal

    Importers forfeited arguments in an appeal to the U.S. Court of International Trade's ruling that sustained revised antidumping duties on Chinese wood flooring, according to an opinion in favor of the U.S. government published Tuesday.

  • August 11, 2026

    Feds Say Snapper Suit Moot After Permits Were Nixed

    A lawsuit challenging expanded recreational red snapper fishing permits the National Marine Fisheries Service issued to four states is "dead in the water" now that the permits have been canceled, the U.S. Department of Commerce told a D.C. federal judge.

  • August 11, 2026

    Virginia Says Hemp Cos. Can't Block New THC Limits

    The day before a court hearing on a motion for a temporary restraining order, Virginia officials are urging a federal judge not to halt enforcement of the state's new THC potency caps, saying the hemp businesses' request to do so "rests on a distorted premise."

  • August 11, 2026

    DOJ Says Executive Privilege May Apply To Private Advisers

    The president's communications with outside advisers may be shielded by executive privilege, so long as they are confidential and relate to official decision-making, the U.S. Department of Justice said in its latest advisory opinion.

  • August 11, 2026

    911 Providers Push FCC For Uniform Next-Gen Framework

    Emergency response organizations are urging the FCC to let 911 authorities drive interoperability between state systems rather than impose stand-alone federal testing mandates.

  • August 11, 2026

    Ohio Justices Advance Possible Ashville Data Center Vote

    An emergency resolution the village of Ashville passed to support a data center project failed to spell out any actual emergency justification for the measure, the Ohio Supreme Court ruled, clearing a path for a possible voter referendum.

  • August 11, 2026

    Blue States Say OCC Overstepped On Escrow Interest Rules

    An Oregon-led coalition of nearly a dozen states sued Tuesday to overturn the Office of the Comptroller of the Currency's recent rules that exempt national banks from state laws requiring the payment of interest on homeowners' escrow account funds.

  • August 11, 2026

    Hemp Co. Vireo Aims To Toss Ownership Contract Claims

    Hemp and THC beverage maker Vireo Growth Inc. and its affiliates are asking a Minnesota federal court to toss the bulk of a suit alleging that Vireo failed to deliver on a partnership and interest contract, saying the plaintiffs' claims are largely based on a contract that was never signed or executed.

  • August 11, 2026

    Trump's Capital One Suit Tests Vast Debanking Powers

    President Donald Trump's lawsuit against Capital One NA is a high-profile test of a bank's broad powers to unilaterally close accounts, an issue that has been "devastating" for companies, law firms and others booted from banks based on opaque compliance concerns, experts say.

  • August 11, 2026

    Ga. Justices Revive Personal Injury Suit Against City

    Georgia's justices revived a woman's trip-and-fall suit against the city of Savannah on Tuesday, saying an intermediate appellate court misapplied the test for determining whether a property owner is immune from liability under the state's Recreational Property Act and must reconsider the case.

  • August 10, 2026

    Spa Fights 9th Circ.'s 'Swinging Dicks' Order At High Court

    The Ninth Circuit's rejection of a spa's religious objections to serving transgender customers is incompatible with several major precedents, according to a U.S. Supreme Court petition filed Monday in litigation that soared in prominence when dozens of circuit judges decried a salacious dissent.

  • August 10, 2026

    HHS Denies Existence Of $150M Deal With Texas Firm To Rep Migrant Kids

    The U.S. Department of Health and Human Services said Monday that a small law firm in Houston had not yet been tapped for a sole-source grant worth up to $150 million to provide legal services to unaccompanied migrant children in government custody.

  • August 10, 2026

    Calif. Unveils Novel AI Cyber Defense Plan For Critical Assets

    California's governor on Monday rolled out a first-of-its-kind initiative to help state agencies, local governments and critical infrastructure providers use artificial intelligence to detect and respond to increasingly sophisticated cyberthreats and be better prepared for incidents fueled by emerging AI technologies.

  • August 10, 2026

    DOJ Says Revealing Epstein Survivor IDs Wasn't Intentional

    The U.S. Department of Justice, Google and xAI have all urged a California federal court to throw out claims the Justice Department published the identifying information of more than 100 survivors of Jeffrey Epstein, information that continues to be republished by Google and xAI, arguing that disclosure wasn't willful.

  • August 10, 2026

    Mass. Data Center's Expansion Paused For Now

    A Massachusetts state judge temporarily blocked a data center's expansion plans in Lowell on Monday, finding opponents of the project may be poised to succeed on the basis that they weren't given a full opportunity to be heard.

Expert Analysis

  • 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.

  • Cos. Should Act Now After US Ruling Reopens EU Data Fight

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    The U.S. Supreme Court's recent decision in Trump v. Slaughter may have inadvertently undermined the EU-U.S. Data Privacy Framework, and given the importance of data transfers for U.S. businesses, companies should start preparing for a scenario in which the framework is no longer enforceable, says Fernanda Pires Merouço at Davis Wright.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • FDIC Proposals Mark Pullback In Bank Resolution Rules

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    A recent pair of Federal Deposit Insurance Corp. proposals would fundamentally reshape testing of banks' resolution-related capabilities from a mandatory exercise to a voluntary one supported by significant financial incentives, amounting to an overall reduction in reporting requirements, say attorneys at Moore & Van Allen.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • EEOC Enforcement Plan Signals DEI, Religious Bias Scrutiny

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    In light of the U.S. Equal Employment Opportunity Commission recently publishing its national enforcement plan covering through fiscal year 2029, employers should expect increased scrutiny of practices that conflict with the administration's positions on diversity, equity and inclusion, national origin discrimination, and religious accommodations, say attorneys at Morgan Lewis.

  • Immigration Order Raises Customer ID Stakes For Banks

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    Following a recently issued immigration-related executive order, financial institutions should expect and prepare for increased scrutiny of customer due diligence and identification, suspicious activity monitoring, and consumer lending, as well as accompanying supervisory shifts and rising fair lending risks, says Douglas Weissinger at Butler Snow.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

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    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

  • 2 Microsoft Matters Could Help Shape AI Antitrust Outlook

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    A pending federal court case and investigation focusing on Microsoft's allegedly anticompetitive conduct in the deployment of artificial intelligence tools are testing whether antitrust law can distinguish ordinary competition to supply the AI ecosystem from conduct that distorts how that competition unfolds, says Kylie Kim at Massey & Gail.

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