Public Policy

  • August 12, 2026

    Trump Repeats Call To Remove Stay On Mail-In Ballot Order

    The Trump administration prodded the U.S. Supreme Court on Wednesday to "promptly" lift a Massachusetts judge's order prohibiting the enforcement of new restrictions on mail-in ballots in 23 states and the District of Columbia in this year's midterm elections. 

  • August 12, 2026

    Lawmakers Probe Rare Earths Co. Over $620M DOD Loan

    Democratic lawmakers have asked the CEO of Vulcan Elements to address reports that a senior White House adviser pressed defense officials to loan the rare earths startup $620 million after a firm affiliated with Donald Trump Jr. invested in it.

  • August 12, 2026

    'Core' Generics Leader Must Face Most AG Price-Fix Claims

    A Connecticut federal judge ruled Wednesday that G&W Laboratories Inc. must face most price-fixing claims from dozens of state attorneys general targeting generic-drug makers, teeing the shuttered company up for trial as one of four companies deemed the "core group of leaders most responsible" for the conspiracy.

  • August 12, 2026

    Novig Loses Bid To Halt NY Action Over Prediction Market

    A New York federal judge has refused to grant a temporary restraining order that would block the state from taking action against prediction market Novig, stating she was following the lead of another judge in her district who issued a similar ruling against Kalshi.

  • August 12, 2026

    DOJ Settlements Perceived As Flouting Litigation Norms

    A trend of settlements between the Trump administration and friendly parties in fast-track lawsuits to pursue policy changes has legal experts concerned about the endurance of a longstanding norm that federal courts can only hear genuine disputes between opposing parties.

  • August 12, 2026

    White House Drops Appeal Over Fast-Track Immigration Rule

    The Trump administration is dropping its D.C. Circuit appeal of a lower court's order blocking sweeping Executive Office for Immigrant Review rule changes that would have fast-tracked the review of deportation orders nationwide.

  • 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.

Expert Analysis

  • Trademark Law As A Tool To Bolster NIL Rights Against AI

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    The meteoric rise of artificial intelligence-generated deepfakes is prompting high-profile celebrities to protect their name, image and likeness rights using federal trademark law — a powerful yet limited supplement to traditional NIL claims, says Susan Natland at BakerHostetler.

  • What Ex-CFPB Head's Calif. Role May Foretell For Oversight

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    California Gov. Gavin Newsom's selection of former Consumer Financial Protection Bureau Director Rohit Chopra to lead a new consumer agency signals tougher state financial services oversight, especially for fintechs, as well as heightened enforcement activity and larger penalties, say attorneys at WilmerHale.

  • Why SEC Climate Rule Rescission Wouldn't End Disclosure

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    If the U.S. Securities and Exchange Commission's recent proposal to rescind its 2024 climate-related disclosure rules is adopted, companies would no longer need to prepare for the rules' specific governance, emissions, attestation, financial statement and tagging requirements, but several important constraints would remain, say attorneys at Venable.

  • New Colo. Retainage Bonds Shift Construction Power Balance

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    A new Colorado law that can force property owners and developers to accept bonds from contractors in lieu of traditional cash retainage means owners’ practical leverage now derives from administering a risk-transfer mechanism, not from controlling cash, but key questions remain about who may assert a claim and how enforcing a bond actually works, say attorneys at Akerman.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Immigration Ruling Maps Alternative To Universal Injunctions

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    A Rhode Island federal court's decision in Dorcas International Institute of Rhode Island v. USCIS vacating policies that froze key immigration adjudications for nationals of 39 countries, and paused asylum applications altogether, suggests how practitioners might press for the Administrative Procedure Act's bad faith exception to record review and seek vacatur as a viable alternative to universal injunctions, says Kemal Hepsen at Mandamus Lawyers.

  • New Va. Finance Laws Signal Consumer Protection Push

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    Virginia's 2026 legislative session produced several noteworthy developments for financial institutions, including garnishment reforms, mortgage assumption requirements and debt collection reforms, signaling broader trends toward increased consumer protection, enhanced fraud prevention obligations and greater accountability in financial services operations, says Jay Spruill at Woods Rogers.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How Maine's Expanded Health Deal Reviews Complicate M&A

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    A pair of recently approved Maine competition laws establish notice and approval requirements for certain healthcare transactions and expand state antitrust oversight, creating new hurdles for dealmakers as states take a more aggressive role in policing healthcare consolidation, especially involving private equity, say attorneys at McDermott.

  • Opinion

    Congress Must Resolve Growing Subchapter V Uncertainty

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    Congress must pass a bill to permanently restore the Subchapter V debt limit and clarify several other key points of the law to prevent a practical restructuring tool from becoming a costly procedural morass, says Ted Gavin at Gavin Solmonese.

  • CFTC Policy Substantially Expands Self-Reporting Incentives

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    A recent U.S. Commodity Futures Trading Commission policy moves from a mitigation-centered model to prioritizing declination for early self-reporting and full cooperation, reflecting a deliberate effort to harmonize voluntary self-disclosure incentives across the federal enforcement authorities, say attorneys at Sullivan & Cromwell.

  • Opinion

    Exxon Shareholders Were Right To Save New Voting Program

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    Following Exxon shareholders’ recent vote that rejected a bid to dismantle the company’s new retail voting program, other companies should replicate it as a way to lower the friction for shareholders who already vote with the board to keep doing so without wrestling a ballot every spring, says J.W. Verret at the Antonin Scalia Law School.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • What Ratings Overhaul May Mean For Banking Industry

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    Proposed revisions to the bank rating system commonly known as CAMELS could constrain examiner discretion and tie supervisory outcomes more closely to measurable financial risk, potentially saving compliance costs, reducing the frequency of ratings downgrades and spurring a more growth-oriented banking system, say attorneys at Debevoise.

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