Public Policy

  • August 13, 2026

    NJ Takes Labor Peace Pact Fight In Pot Case To 3rd Circ.

    New Jersey cannabis regulators filed a notice Thursday that they would appeal a federal court's recent ruling that a state rule requiring marijuana businesses enter into labor peace agreements with unions in order to secure a license is preempted by federal law.

  • August 13, 2026

    Feds Can Release More Documents Under Epstein Law

    A New York federal judge granted the federal government's request to unseal documents in a 2015 civil lawsuit filed by the late Virginia Giuffre, a Jeffrey Epstein accuser who sued Ghislaine Maxwell a decade before her death last year.

  • August 13, 2026

    Trade Court Fine With Trump Ending De Minimis Tariff Break

    President Donald Trump's revocation of a de minimis exemption for low-value goods to enter the U.S. duty-free was allowed under a law that the U.S. Supreme Court separately determined could not otherwise authorize tariffs on its own, the Court of International Trade ruled Thursday.

  • August 13, 2026

    Wyo. Archaeologists Challenge Reach Of Native Graves Rule

    The Wyoming Association of Professional Archaeologists is asking a district court to block the transfer of six Indigenous collections to the federal government, arguing that an update to a law designed to protect Native American burial sites goes beyond what Congress intended.

  • August 13, 2026

    Shumaker Advisors Adds Principal To Fla. Gov't Affairs Team

    Shumaker Advisors, Shumaker Loop & Kendrick LLP's lobbying arm, announced Thursday that had it expanded its government affairs and public policy capabilities in Florida with a new principal from consulting firm Rutledge Ecenia.

  • August 13, 2026

    Wireless Cos. Want FCC Protection In Upper Microwave Bands

    Top wireless carriers are seeking assurance from the Federal Communications Commission that it will not craft new rules in the upper microwave spectrum bands that could lead to interference with their licensed use of the airwaves.

  • August 13, 2026

    DOJ Fraud Division To Reach 500 Staffers This Month

    By the end of the month, there will be about 500 attorneys and staff in the U.S. Department of Justice's new fraud division, with more to come as time goes on.

  • August 13, 2026

    Trade Court Backs Commerce On Russian Fertilizer Duty Redo

    The U.S. Department of Commerce's redone countervailing duty calculation for Russian phosphate fertilizer properly determined that a Russian company didn't benefit from unfairly priced mining rights, the U.S. Court of International Trade ruled, blessing a decision to cut the duty rate by more than half.

  • August 13, 2026

    9th Circ. Won't Revive Hemp Co.'s $2.75M Destruction Suit

    The Ninth Circuit won't reinstate a suit against the city of Tacoma, Washington, by the owner of a hemp company who alleges the city's police department illegally destroyed $2.75 million worth of industrial hemp as illegal cannabis, saying he failed to establish municipal liability.

  • August 13, 2026

    Judge Tosses DOJ's Antisemitism Case Against Harvard

    A Massachusetts federal judge on Thursday threw out the Trump administration's suit alleging Harvard University failed to address antisemitism, finding the government lacked evidence of current civil rights violations on campus.

  • August 13, 2026

    Trump Picks Ex-Arkansas SG, Walmart Lawyer For 8th Circ.

    President Donald Trump has announced that he's looking to elevate Judge Lee Rudofsky of the Eastern District of Arkansas to the U.S. Court of Appeals for the Eighth Circuit.

  • August 12, 2026

    Full 5th Circ. Rejects Planned Parenthood's Immunity Appeal

    The full Fifth Circuit Wednesday tossed an appeal over whether Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improper Medicaid billing, reversing a panel's decision that went in favor of Planned Parenthood.

  • August 12, 2026

    Lender Groups 'Wrong' On Interest Opt-Out Law, Ore. Says

    Oregon is pushing back against financial industry groups' request to halt the state's new law aimed at capping interest rates on loans from out-of-state banks, arguing the lender trade groups suing in federal court over this so-called opt-out law are trying to impose limits on it that Congress never intended.

  • August 12, 2026

    Trump Sued Over 'Corrupt' $100K Early Truth Social Access

    Online news outlet The Intercept and the Freedom of the Press Foundation sued President Donald Trump Wednesday in New York federal court, accusing him of violating the Constitution with an "extraordinary, corrupt, and unconstitutional" scheme by allowing paying customers to receive advance access to official presidential announcements through Truth Social.

  • August 12, 2026

    In 'Close' Call, 7th Circ. Backs FDIC In-House Enforcement

    In what the court called a "close and challenging call," the Seventh Circuit on Wednesday ruled the Federal Deposit Insurance Corp. could use in-house proceedings to adjudicate claims of unsound banking practices, rejecting a former Illinois community bank chairman's contention that such proceedings violate his right to trial by jury.

  • August 12, 2026

    Wis. Hits Vape Co. With $630K Fine For Banned Products

    The Minnesota-based company behind the Loon vape brand is challenging in federal court a $630,000 fine that Wisconsin imposed after state regulators discovered banned e-cigarettes at two smoke shops, with the company arguing the penalty is unfair because it did not distribute the vapes to these retailers.

  • August 12, 2026

    DHS Can't Shake Suit Over Suspicionless Stops, Atty Access

    A California federal judge has allowed a lawsuit accusing federal immigration agents of stopping people without reasonable suspicion and preventing immigration detainees from speaking with attorneys to proceed.

  • August 12, 2026

    SpaceX On Hunt For More Spectrum

    SpaceX is hungry for more spectrum, telling the Federal Communications Commission it ought to set "aggressive, technology-agnostic" buildout milestones in order to get new wireless satellite services to market just as the company unveils plans to build its own terrestrial network.

  • August 12, 2026

    Texas Medical Board Says AG Can't Get In On Malpractice Suit

    The Texas Medical Board told a state court judge that the Texas Office of the Attorney General could not represent a doctor who tried to treat a COVID-19 patient with ivermectin, saying the office flouted ethics rules by first representing the board and then representing the doctor.

  • August 12, 2026

    11th Circ. Backs EPA, Fertilizer Co. In 'Radioactive' Road Case

    The Eleventh Circuit on Wednesday rejected an environmental group's challenge to the U.S. Environmental Protection Agency's decision allowing the construction of a private road with a radioactive byproduct from fertilizer production, finding EPA regulations don't categorically bar such use.

  • August 12, 2026

    9th Circ. Backs Extradition For Al Qaeda In Iraq-Linked Killings

    The Ninth Circuit said Wednesday that a U.S. citizen can't escape his extradition to Iraq to be tried for the murders of two Iraqi police officers because the killings constitute international terrorism, meaning he is not protected by a political-offense exception to the relevant extradition treaty.

  • August 12, 2026

    Colo. Gun Group Asks Court To Block Semiauto Law

    Colorado's official branch of the National Rifle Association urged a Colorado federal judge to block the enforcement of a new state law restricting ownership of certain semiautomatic firearms, writing the law "all but eliminates" law-abiding citizens' right to purchase the firearms.

  • August 12, 2026

    10th Circ. Upholds Phone Search In Child Porn Case

    The Tenth Circuit upheld an Oklahoma man's child pornography convictions Wednesday, rejecting his arguments that police unlawfully prolonged a traffic stop and obtained an overly broad warrant to search his cellphone.

  • August 12, 2026

    Colleges Say Wealth Bias Evidence Would Prejudice Jury

    Top-flight universities, preparing to fight class action antitrust claims at trial later this year that they illegally colluded on financial aid formulas, on Wednesday accused the student plaintiffs of trying to "dirty" the universities with allegations that they admit underqualified applicants because of their family wealth.

  • August 12, 2026

    NYC Probes Polymarket, Kalshi Over Ads Targeting Minors

    The New York City Council announced Wednesday that it is investigating Kalshi, Polymarket, Coinbase and Gemini Titan for potentially false, deceptive or abusive advertising tactics for their prediction market platforms, expressing concerns about marketing directed toward young people.

Expert Analysis

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • HSR Deals Proceed More Steadily Than Narratives Suggest

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    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

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    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

  • Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

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    Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

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