Public Policy

  • August 13, 2026

    Del. Water Supplier Sues 9 Cos. Over PFAS

    A Delaware water supplier hit nine companies with a suit in state court alleging that they released forever chemicals into the watersheds that supply water to tens of thousands of residents, seeking to recoup at least $34.6 million for the cost of ensuring safe drinking water.

  • August 13, 2026

    9th Circ. Says U. Of Wash. Is Immune From Vax Firing Suit

    A Ninth Circuit panel declined on Thursday to reinstate former University of Washington employees' claims that they were wrongfully fired after refusing the COVID-19 vaccination on religious grounds, concluding the university qualifies as an arm of the state that cannot be sued for civil rights violations under the relevant federal law.  

  • August 13, 2026

    ICE Again Ordered To Fix 'Inhumane' Adelanto Detention Site

    A California federal judge on Wednesday once again ordered U.S. Immigration and Customs Enforcement to improve conditions at its Adelanto detention facility in the Mojave Desert, pointing to "severe and inhumane deficiencies" in necessities including access to safe food and water and sanitary living conditions.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 13, 2026

    8th Circ. Partially Revives Iowa Adjuster Law Challenge

    The Eighth Circuit has revived a residential contractor's claim that its First Amendment rights were violated when the Iowa Insurance Division issued warning notices pursuant to the state's public adjuster laws, while affirming that the statutes are not unconstitutional on their face and not void for vagueness.

  • August 13, 2026

    5th Circ. Nixes Fed Approval For Offshore Oil Export Port

    A Fifth Circuit panel overturned a license approval for a deepwater port off Texas, ruling that the Trump administration failed to properly consider how a pipeline serving the offshore crude oil export facility would intersect a pipeline for another approved port.

  • August 13, 2026

    Warehouse Owner Faces Manslaughter Charge In Blast Death

    For the second time, a Michigan warehouse owner on Thursday saw a judge say involuntary manslaughter charges against him should move forward, in a case over a March 2024 explosion where shrapnel struck and killed a 19-year-old man.

  • August 13, 2026

    Wash. Halts Conversion Therapy Ban For Therapist Amid Suit

    Washington state has agreed not to enforce its ban on a practice commonly known as conversion therapy against a therapist while his First Amendment challenge to the prohibition plays out in federal court, according to a stipulation entered Thursday.

  • August 13, 2026

    Kalshi Must Suspend Most Wash. Offerings, Install Geofencing

    A Washington state court judge has blocked Kalshi from offering event contracts to state residents in most of its prediction market categories while the attorney general's legal challenge unfolds, setting deadlines for the platform to institute location-based geofencing, while spurning the company's bid to maintain operations pending appeal.

  • August 13, 2026

    6th Circ. Jails Minnesota Activist Over Anti-ICE Threats

    A self-described "antifa" member from Minneapolis must return to jail on federal charges of cyberstalking and making threats against supporters of U.S. Immigration and Customs Enforcement, with a divided Sixth Circuit panel determining he still poses a threat to the public.

  • August 13, 2026

    DHS Defends Building New ICE Facility In Silicon Valley

    The federal government fired back in California federal court Wednesday against a bid by California and Santa Clara County to block a planned ICE office and temporary holding facility in Silicon Valley, arguing that the project's alleged environmental, health and safety impacts are speculative and unsupported.

  • August 13, 2026

    Sierra Nevada Gets FCC OK For High Frequency Flight Sensor

    The Federal Communications Commission gave the green light to Sierra Nevada Co. LLC's request to operate enhanced flight vision systems in the 92-95.5 gigahertz spectrum band.

  • August 13, 2026

    DOJ's HPE Merger Settlement Approved Over State Objections

    A California federal judge approved a controversial settlement struck by the U.S. Department of Justice to end a case challenging Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, despite concerns from state enforcers about political influence in the settlement process.

  • August 13, 2026

    States Say DOT Illegally Sought 17M CDL Driver Records

    A group of 21 Democratic-led states and the District of Columbia accused the Trump administration on Thursday of illegally pressuring a nonprofit commercial driver database operator to hand over millions of Social Security numbers for immigration enforcement by threatening to cut funding for noncompliance.

  • August 13, 2026

    Vaccine Challengers Slam Connecticut's 'One-Party Rule'

    Challengers to Connecticut's mandatory school vaccination laws have accused political leaders of exercising "one-party rule" over state government, claiming the House speaker, governor and attorney general, who are all Democrats, tweaked or defended state laws specifically to stymie their religious freedom claims.

  • August 13, 2026

    7 States Urge Feds To Reject $85B UP, Norfolk Southern Deal

    Seven state attorneys general are urging the federal Surface Transportation Board to reject the planned $85 billion merger between Union Pacific Corp. and Norfolk Southern Corp., saying the rail giants have not shown how the deal would serve the public interest.

  • August 13, 2026

    Arizona, Tribes Sign Deal To Offset Coal Economy Losses

    Arizona, the Hopi Tribe and the Navajo Nation have signed an agreement that aims to boost economic growth for tribal communities that lost thousands of jobs and millions in revenue after major coal mining companies stopped or scaled back operations in the Four Corners region.

  • August 13, 2026

    Groups Say Shuttered Fla. Detention Center Threatens Wildlife

    Environmental groups have accused wildlife officials of polluting protected land through an immigrant detention center in the Everglades, alleging in an updated complaint filed in Florida federal court that the now-shuttered site continues to threaten endangered species in the area.

  • August 13, 2026

    SEC May Vote To Ease Pay-To-Play Rules This Year

    The U.S. Securities and Exchange Commission has informed the White House that it could soon move forward with plans to loosen the rules around political contributions made by investment advisers, regulations that SEC Chair Paul Atkins has recently called "a trap for the unwary."

  • August 13, 2026

    White House Aims Customs AI Tool At Chinese Tariff Evasion

    The White House identified Thursday over 40 countries from which imports carry a heightened risk of transshipment, an illegal practice of misrepresenting goods entering the U.S. that originate elsewhere such as China, and government officials are working on a new artificial intelligence enforcement tool to address those concerns.

  • August 13, 2026

    CFPB Brass Accused Of 'Sham' Probe Of Union Leader

    The Consumer Financial Protection Bureau is conducting a "sham" investigation into an employee who is active in the staff's union, the union's president said, taking the agency's new leader to task for its probe of the data scientist and National Treasury Employees Union local activist.

  • August 13, 2026

    FCC Told Foreign Drone Ban Could Hinder Public Safety Work

    A nonprofit that donates drones to public safety agencies and science programs has urged the Federal Communications Commission to reconsider a potential ban on foreign-made military-grade drones.

  • 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.

Expert Analysis

  • 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.

  • 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.

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