Public Policy

  • August 12, 2026

    Senate Passes Bill Letting Feds Share Counterfeit Import Data

    The U.S. Senate has passed a bipartisan bill aiming to combat counterfeit and pirated imports by allowing customs agents to share suspected counterfeit packaging and shipping information with intellectual property holders, e-commerce companies and goods transporters.

  • August 12, 2026

    Trump Says Fla. Library Land Gift Isn't Emoluments Breach

    President Donald Trump urged a Florida federal court to toss a lawsuit challenging Florida's donation of a local college's property in downtown Miami to build his presidential library, saying land gift to a private foundation doesn't violate the U.S. Constitution. 

  • August 12, 2026

    4th Circ. Allows Review Of Immigrant's Untimely Petition

    The Fourth Circuit on Tuesday vacated a Board of Immigration Appeals ruling denying a Salvadoran man's bids to avoid removal back to El Salvador after fleeing from MS-13, using its equitable relief powers to toll a statutory 30-day petition filing deadline.

  • August 12, 2026

    Mich. Panel Keeps Judicial Hopeful Off Hamtramck Ballot

    A disqualified Michigan judicial candidate lost his reinstatement bid after an appellate court panel upheld a state Court of Claims decision saying he is ineligible to run because he failed to satisfy a requirement that he live in the city for a minimum of 30 days prior to the filing deadline.

  • August 12, 2026

    Trump, DOJ Say Firing Seattle US Atty Was Within Their Rights

    The White House and the U.S. Department of Justice are fighting a demand for immediate reinstatement brought by Seattle's former top federal prosecutor, who was fired within an hour of a court appointing him to the role, arguing his due process rights were not violated.

  • August 12, 2026

    Nations Want AI Covered In UN Tax Pact's Services Protocol

    Nations want artificial intelligence covered in a protocol on cross-border services under the proposed United Nations Framework Convention on International Tax Cooperation, according to negotiations.

  • August 12, 2026

    Ill. Panel Keeps Toxic Tort Jurisdiction Law Intact

    An Illinois appellate panel on Tuesday refused to revive a Republican-led challenge to a sweeping state law expanding the state's jurisdictional reach in toxic tort cases, saying it was barred from reviewing the Legislature's compliance with its own internal procedures but renewing concerns about being required to "turn a blind eye" to lawmakers' potential constitutional violations.

  • August 12, 2026

    CMS Ends Medicaid Funds For Youth Transgender Care

    Medicaid will no longer cover the cost of some gender-affirming care for minors, including gender reassignment surgery and hormone treatments, the Centers for Medicare and Medicaid Services announced after issuing a final rule set to take effect this year. 

  • August 12, 2026

    Feds Granted More Time To Defend College Data Ask

    A Massachusetts federal judge granted the Trump administration an opportunity to explain its rationale for fast-tracking a demand for detailed admissions data from U.S. colleges and universities.

  • August 12, 2026

    DOJ Charges 11 For 1,000+ 'Sham Marriages'

    Manhattan federal prosecutors have charged 11 people with running a decade-long scheme that allegedly took in tens of millions of dollars to facilitate over 1,000 "sham marriages to fraudulently obtain immigration status," primarily for Chinese nationals.

  • August 12, 2026

    Steel Tariff Exemption Denial Lacks Backing, Trade Court Says

    The U.S. Department of Commerce wrongly relied on "vague statements" from an objector to reject requests to exempt certain products from a 25% tariff on steel, the U.S. Court of International Trade said Wednesday, ordering reconsiderations.

  • August 12, 2026

    Trent McCotter Follows Blanche As DOJ's 2nd-In-Command

    Following confirmation of Todd Blanche as attorney general, U.S. Department of Justice official Trent McCotter is taking his former post as deputy attorney general on a temporary basis.

  • August 12, 2026

    Army Corps OKs Enbridge Tunnel Amid Line 5 Permit Fight

    The U.S. Army Corps of Engineers issued a permit Wednesday allowing Enbridge Energy LP to tunnel beneath four miles of the Straits of Mackinac for its Line 5 oil pipeline, and environmental and tribal groups fighting the project say a recent Michigan Supreme Court decision bars the construction.

  • August 12, 2026

    DOL Backs Off Job Corps Shutdowns To End Students' Suit

    The U.S. Department of Labor has agreed to rescind its decision to shutter 99 contractor-operated Job Corps centers nationwide to settle a suit brought by students who challenged the closures in D.C. federal court.

  • August 12, 2026

    Army Loses Bid For 4th Circ. Burial Remains Rehearing

    The Fourth Circuit won't rethink its decision that the U.S. Army must return the remains of two Indigenous children to the Winnebago Tribe of Nebraska who have been buried at a former Indian boarding school cemetery in Pennsylvania for more than a century.

  • August 12, 2026

    DEA Tells 4th Circ. Hemp Co. Can't Seek Review Of HHC Rule

    The U.S. Drug Enforcement Administration is urging the Fourth Circuit to throw out a hemp company's challenge to a recent rule allegedly designating a psychoactive hemp-derived compound as a Schedule I substance, saying the rule is a minor administrative change that cannot be challenged through a petition for review.

  • August 12, 2026

    DOL Association Health Plan Regs Near Finish Line

    The U.S. Department of Labor is a step closer to expanding the definition of "employer" under federal benefits law and allowing businesses to band together to offer health plans that skirt certain Affordable Care Act requirements, after proposed regulations were sent to the White House for review.

  • August 12, 2026

    NJ Justices See No Mental State Tie To Daniel's Law Damages

    The New Jersey Supreme Court held Wednesday that there is no mental state required for damages to be established under the state's judicial privacy law, answering a question that the Third Circuit said could help the federal appeals court determine the law's constitutionality.

  • August 11, 2026

    CFTC Moves To Shield Kalshi From NY Lawsuit

    The U.S. Commodity Futures Trading Commission issued an emergency order Tuesday evening telling Kalshi that, even if the state of New York wins a restraining order preventing the prediction market platform from offering event contracts, it should continue business as usual.

  • August 11, 2026

    X.AI Says Suit Against Mother Of Musk's Child Should Go On

    X.AI LLC asked a Texas federal court Monday to keep intact a lawsuit against the mother of one of Elon Musk's children, saying Ashley St. Clair violated the terms of service she signed when she sued the company in New York federal court and that the lawsuit belongs in Texas.

  • August 11, 2026

    Immigration Atty Seeks To Nix Ex-Clients' RICO Fraud Claims

    An immigration attorney who forfeited her Washington state license is seeking to narrow ex-clients' lawsuit accusing her of falsely promising to perform miracles for them and mishandling their cases, arguing the plaintiffs have recast legal malpractice allegations as a "sprawling racketeering enterprise."

  • August 11, 2026

    Corteva Gets More Counterclaims Tossed In Seed Patent Suit

    A federal judge dismissed two more counterclaims from plant breeding startup Inari Agriculture Inc. in the company's patent dispute with Corteva Agriscience LLC.

  • August 11, 2026

    Texas Firm Withdraws From Consideration Of Grant To Rep Migrant Kids

    A Texas law firm has withdrawn from consideration for a $150 million award from the U.S. Department of Health and Human Services to provide legal services to unaccompanied migrant children in government custody.

  • August 11, 2026

    7th Circ. Says Ind. Railroad Can't Levy Fees For Telecom Lines

    Indiana railroad easements don't give rail companies the right to charge for access to the air above them or the ground below them, the Seventh Circuit has ruled in an opinion that means telecoms that installed fiber cables under a CSX Transportation easement won't be paying licensing fees.

  • August 11, 2026

    Split 11th Circ. Upholds FRA's Train Crew Size Rule

    A divided Eleventh Circuit panel on Tuesday upheld the Federal Railroad Administration's two-person train crew rule, saying the agency reasonably justified the safety rationale for the rule and rejecting the rail industry's claims of government overreach.

Expert Analysis

  • AI, Prediction Markets Lead Securities Developments In 2026

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    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • Why A Class Was Certified In Financial Aid Info-Sharing Case

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    The recent Illinois federal court decision in Corzo v. Brown University offers key guidance for defendants confronting class certification in antitrust matters, highlighting how typicality can be satisfied despite class members attending different universities, receiving different aid awards and being affected across different time periods, say attorneys at Baker McKenzie.

  • Key Compliance Insights From Calif.'s Volvo Diesel Deal

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    While the future of California's vehicle emissions standards under the Clean Air Act is uncertain, the state's recent settlement with Volvo over diesel emissions hinges on the truthfulness of manufacturer representations to state regulators, and offers important lessons for companies on compliance and recordkeeping, says Thierry Montoya at FBT Gibbons.

  • Community Bank Order Signals Fintech Partnership Scrutiny

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    The Office of the Comptroller of the Currency's recent consent order against Community Federal Savings Bank for deficiencies in its Bank Secrecy Act and anti-money laundering compliance programs offers clear and urgent lessons for community banks pursuing revenue growth through fintech partnerships and payments services, say attorneys at Bradley.

  • House-Passed KIDS Act Spurs Child Data Practices Audit

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    Graham Dean, Brian Roper-Nelson and Will Quick at Brooks Pierce discuss the noteworthy sections of the U.S. House of Representatives' recently passed Kids Internet and Digital Safety Act, the potential revisions as the law moves through the U.S. Senate and the significant business changes that the House law would require.

  • Calif. Recycle Label Order Imperils Product Responsibility Law

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    A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

  • FTC Focus: Enforcing Vertically Integrated Operating Systems

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    As digital platforms increasingly pair operating systems with commerce, advertising, content and data, antitrust scrutiny will turn on whether those integrations create private bottlenecks that foreclose rivals through access, ranking, interoperability or defaults, pushing courts and enforcement agencies to adapt traditional utility and merger frameworks more aggressively, say attorneys at Proskauer.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • 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.

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