Public Policy

  • 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.

  • October 15, 2026

    Innocent Spouse Tax Relief Bid Timely Filed, 5th Circ. Told

    The U.S. Tax Court improperly concluded that a Texas woman narrowly missed a statutory filing deadline in seeking innocent spouse relief on federal income taxes and shouldn't have dismissed her case, she told the Fifth Circuit, arguing the deadline isn't jurisdictional.

  • October 15, 2026

    Missouri AG Alumni Make Their Mark In Trump 2.0

    Missouri is hundreds of miles from Washington, D.C., but the legal community of the Show-Me State has taken a significant hold in the second Trump administration.

  • October 15, 2026

    Justices Stay 4th Circ. Mandamus In FCC Political Ad Case

    The U.S. Supreme Court has stayed an order from a Fourth Circuit panel that would have required the full Federal Communications Commission to review agency staff guidance requiring broadcasters to offer discount ad rates to political committees tied to candidates.

  • October 15, 2026

    Muscogee Chief Says Court Can't Grant Freedmen Citizenship

    Muscogee (Creek) Nation Principal Chief David Hill is asking an Oklahoma federal court to dismiss a challenge that looks to block the tribe from denying citizenship to descendants of people once enslaved by the Indigenous nation, arguing that it can be achieved only through a constitutional amendment and legislative process.

  • October 15, 2026

    Colo. Chamber Can't Join Tax Plan Challenge, Court Says

    A court Thursday denied the request of the Colorado Chamber of Commerce to intervene in suit alleging that a proposal to replace the state's flat income tax rate with a graduated system failed to gather the signatures needed to reach the November ballot.

  • October 15, 2026

    DOJ Defends Government-Funded Trump Ad Campaign

    A D.C. federal judge declined to immediately join a New York federal court in blocking the Trump administration's government-funded campaign-style ads from airing after a Justice Department attorney said the campaign was over, but appeared to agree with a Democratic National Committee attorney who called the ads propaganda and not public service announcements as the government has claimed.

  • October 15, 2026

    Nonprofits Sue Over NC Budget Gutting Civil Legal Aid Grants

    Three nonprofits are mounting a legal challenge to a provision of the North Carolina state budget that strips funding for civil legal aid services historically provided by the state's Interest on Lawyers' Trust Accounts program, saying the maneuver flouts directives by the Tar Heel state's top court and violates the First Amendment.

  • October 15, 2026

    Gov't Urges Justices To Reject Google, Intel Fight Over Fintiv

    The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Intel Corp. and Google LLC's challenge to a precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation.

  • October 15, 2026

    Trade Court Sustains Malaysian Wind Tower Duty Calculations

    The U.S. Department of Commerce has now properly justified various decisions it made during a countervailing duty administrative review of a Malaysian utility wind tower producer, the U.S. Court of International Trade found, rejecting many of the company's objections as baseless.

  • October 15, 2026

    DHS Can't Waive Laws For Big Bend Wall, Texas Judge Says

    A federal judge in Texas halted construction of a border wall in the Big Bend sector, finding that the U.S. Department of Homeland Security likely exceeded its authority to waive legal requirements in an area with comparatively low illegal entry.

  • October 15, 2026

    Cyber Incident Halts Bankruptcy Court Noticing Nationwide

    The nationwide system for providing notice to creditors in bankruptcy cases has been disrupted by a cybersecurity incident, and it is not currently known when the outage will end.

  • October 15, 2026

    Commerce Finalizes Duty Rates For Brazilian, Norwegian Pulp

    The U.S. Deparment of Commerce on Thursday finalized its determinations that high-purity dissolving pulp imported into the country from Brazil and Norway are being sold at unfair prices, setting up possible duty rates.

  • October 15, 2026

    FCC To Vote On Adding $162M To Boost Alaska Connectivity

    The Federal Communications Commission is set to vote on a proposal to pump an additional $162 million into ongoing efforts to expand high-speed internet connectivity in Alaska.

  • October 15, 2026

    Tesla Says Gov't Brief Shows USPTO Wants 'Absolute Power'

    Electric carmaker Tesla told the U.S. Supreme Court that it should take a case over the U.S. Patent and Trademark Office leadership's discretionary standards for granting or denying patent review, saying a recent government brief illustrates how the office wants "absolute power" when it comes to restricting such reviews.

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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