Public Policy

  • October 15, 2026

    Would-Be Kavanaugh Assassin Slams Feds' Skewed Facts

    A woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh told the Fourth Circuit that federal prosecutors have presented a "wildly inaccurate description" of a Maryland federal judge's sentencing decision, rejecting their argument that she got off too easy because of her gender identity.

  • October 15, 2026

    NYC Sanctuary Policies Survive Trump Admin. Lawsuit

    A New York federal judge on Thursday tossed the Trump administration's lawsuit challenging New York City policies that the administration alleged unconstitutionally obstruct federal immigration enforcement, saying federal law the administration leaned on does not preempt the sanctuary provisions.

  • October 15, 2026

    Ex-FBI Agents Claim Trump's Vendetta Led To Firings

    Ex-FBI agents and analysts who investigated President Donald Trump's retention of classified documents sued FBI Director Kash Patel in D.C. federal court Thursday, alleging Patel unconstitutionally fired them after a video of him drinking went viral to get back in Trump's good graces and "to satisfy the president's personal vendetta."

  • October 15, 2026

    Anthropic Urges DC Circ. To Revisit Defense Supply Risk Ban

    Anthropic has urged the D.C. Circuit to reconsider a split panel's decision allowing the Pentagon to exclude Claude artificial intelligence models from its supply chain, saying the decision, if left standing, puts U.S. companies at risk of punishment for refusing Pentagon demands.

  • October 15, 2026

    2nd Circ. Doubts NY's Power To Regulate Nuclear Discharge

    A Second Circuit panel appeared skeptical of a New York law banning a decommissioned nuclear power plant's waste from being discharged into the Hudson River, asking pointed questions on Thursday on why those discharges are not part of the plant's operations.

  • October 15, 2026

    Eight States Sue OpenAI Over ChatGPT Safety Risks

    A group of attorneys general of eight states, including Arkansas and Arizona, on Wednesday hit OpenAI with suits alleging that the company knowingly misled the public about the safety risks of its ChatGPT artificial intelligence bot.

  • October 15, 2026

    Texas Appeals Court Says Cities Can't Block ETJ Opt-Out Law

    A Texas appeals court on Thursday found that cities cannot block a state law that allows citizens living in areas surrounding municipalities to leave the cities' jurisdiction, saying the law does not violate the Texas Constitution.

  • October 15, 2026

    Market Surveillance Co. Taps Ex-CFTC Counsel To Lead Policy

    Fintech-focused market surveillance firm Solidus Labs announced Thursday that it's brought on a former U.S. Commodity Futures Trading Commission attorney who advised lawmakers on closely watched crypto legislation to lead its policy efforts.

  • October 15, 2026

    Fed's Bowman Says Regulators Must Focus On Material Risks

    Federal Reserve Vice Chair for Supervision Michelle Bowman has urged international banking regulators to focus on addressing material risks to the financial system instead of pursuing what she described as "less valuable work," based on flawed assessments of Silicon Valley Bank's 2023 collapse.

  • October 15, 2026

    Wash. Justices Doubt Prosecutor Immunity In Judge DQ Case

    Washington Supreme Court justices pushed back Thursday on assertions by a county prosecutor's office that it's immune from claims that it improperly used disqualification affidavits to remove a former judge from its cases, with one justice noting that a line-level prosecutor acknowledged an officewide policy to seek disqualification of the judge.

  • October 15, 2026

    Louisiana Asks Justices To Undo Stay In Coastal Damage Suit

    Louisiana urged the U.S. Supreme Court to erase a Fifth Circuit stay of a remand order preventing one of its parishes from litigating coastal damage claims against an oil and gas company in state court, arguing the "comity essential to our federalism" was disrupted.

  • October 15, 2026

    Dems Want FTC To Investigate Online Homebuying Industry

    Democratic U.S. Sens. Cory Booker and Elizabeth Warren have asked the Federal Trade Commission to conduct an antitrust investigation into the "anticompetitive and deceptive practices" of the country's online homebuying industry, saying that the FTC needs to employ "every enforcement tool available to restore competition to the entire online real estate marketplace."

  • October 15, 2026

    Colo. Panel Upholds Agency's Emissions Monitoring Rule

    The Colorado Court of Appeals upheld a state agency's rule on emissions monitoring Thursday, wholly rejecting a challenge by environmental groups that contended the rule allows most polluters to escape certain monitoring requirements by paying a fee.

  • October 15, 2026

    Matt Gaetz Accused Of Sex Trafficking In Florida Suit

    Two women on Thursday filed a Florida federal trafficking lawsuit against former Congressman Matt Gaetz, alleging that he used his power and influence to recruit them into a commercial "venture" in which they were paid to have sex with men in various cities throughout the U.S.

  • October 15, 2026

    Google Will Seek To Pause Ad Tech Case For DOJ Appeal

    Google will ask a New York federal court to pause a scheduled April trial in the private antitrust litigation over its advertising placement technology while it appeals a loss in a similar case from the U.S. Department of Justice in Virginia.

  • October 15, 2026

    Trump Admin Urges High Court To Curb APA Rule Vacatur

    The Trump administration is asking the U.S. Supreme Court to decide whether the Administrative Procedure Act allows federal judges to universally vacate agency rules in what could be a major test of the judiciary's authority to check executive agency power.

  • October 15, 2026

    FERC Makes Further Moves To Speed Up Gas Project Reviews

    The Federal Energy Regulatory Commission on Thursday issued a pair of proposals aimed at speeding up its approval of gas infrastructure projects by narrowing the scope of the agency's environmental reviews.

  • October 15, 2026

    Calif. Asks DC Judge To Void EPA's 'Unlawful' Waiver Moves

    California has asked a D.C. federal judge to void the Trump administration and congressional Republicans' "manifestly unlawful" use of the Congressional Review Act to make Clean Air Act waivers for the Golden State subject to rescission by lawmakers.

  • October 15, 2026

    Feds Seek To Undo Colo. Payment To Defunct Health Insurer

    The federal government Wednesday asked a Colorado federal judge to reverse the approved distribution of nearly $2 million in assets from a defunct insurer to its creditors, claiming that a nearly $24 million claim from the U.S. Department of Health and Human Services supersedes the general creditors' claims.

  • October 15, 2026

    Mo. Hemp Interests Seek To Block Restrictions

    Missouri officials have asked a federal court to halt discovery in a lawsuit by hemp companies challenging new regulations on intoxicating cannabinoid products, arguing the case turns on pure legal questions that can be resolved within the state's motion to dismiss.

  • October 15, 2026

    IRS Says Donor Disclosure Rule Is Key To Tax Compliance

    The Internal Revenue Service's nonprofit donor disclosure rule doesn't violate the First Amendment, the agency told a D.C. federal court, arguing the rule promotes voluntary compliance from nonprofits through information reporting requirements.

  • October 15, 2026

    White House Crypto Aide Exits Role

    White House crypto aide Patrick Witt announced Thursday that he's left his post, a departure that comes after key crypto legislation stalled in the U.S. Senate last month.

  • October 15, 2026

    NYC Comptroller Urges Anthropic To Ease Risks Before IPO

    New York City Comptroller Mark Levine is urging Anthropic PBC to pause plans for an initial public offering it says could value the company at $2 trillion, calling on the business to first resolve concerns over the technology's governance, safety and development pace.

  • October 15, 2026

    Pa. E-Cigarette Law Survives Vape Companies' Challenge

    A Pennsylvania federal judge has upheld a state law limiting electronic cigarette sales to products that have received or are pending approval from the U.S. Food and Drug Administration, finding the state law fell into an exception to the federal tobacco law's preemptions.

  • October 15, 2026

    PhRMA Again Seeks To Join 340B Rebate Pilot Fight

    The Pharmaceutical Research and Manufacturers of America on Thursday asked a Maine federal court to let it join a lawsuit challenging the Trump administration's proposed rebate system in the 340B drug discount program, arguing the litigation could directly affect its members' approved plans and financial interests.

Expert Analysis

  • 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.

  • How Subchapter V Bill May Change Restructuring Analysis

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    While a recently passed Senate bill would expand the pool of businesses eligible to use the streamlined Subchapter V process, its more significant influence may be on how distressed businesses and their lenders evaluate restructuring alternatives long before a bankruptcy petition is filed, says Robert Charbonneau at Agentis.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Illinois BNPL Law Casts Wide Net Over Loan Providers

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    A new Illinois law's broad definition of buy now, pay later providers under its new dedicated licensing and supervisory regime notably imposes conduct standards similar to other consumer credit regimes and aggressively looks through a wide range of business activities and arrangements, say attorneys at Ashurst Perkins.

  • BIA Ruling Calls For Analyzing Advance Parole Travel's Risks

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    The Board of Immigration Appeals’ recent policy reversal, holding that a temporary trip abroad pursuant to advance parole counts as a departure under the Immigration and Nationality Act, means counsel should assess their clients' immigration history and potential risks of travel before they depart, says attorney Richard Herman.

  • What Cos. Should Know About DOE Energy Dominance Loans

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    With the U.S. Department of Energy's Office of Energy Dominance Financing set to become a vital resource for funding U.S. energy and critical minerals projects, interested companies must understand the terms of potential loans and take into account the applicable financial, technical, legal and regulatory requirements, say attorneys at Mayer Brown.

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