Public Policy

  • August 19, 2026

    Air Force Urges Justices Not To 'Engraft' NEPA Onto RCRA

    The Air Force on Wednesday urged the U.S. Supreme Court to reject a Guam nonprofit's assertion that the military branch should have completed an environmental review before it applied to renew a hazardous waste permit allowing it to detonate expired munitions on the island.

  • August 19, 2026

    Digital Equity Suit On Ice As Gov't Preps Program Relaunch

    The D.C. federal judge overseeing a lawsuit challenging the Trump administration's shutdown of the Digital Equity Act's Competitive Grant Program has put the case on hold until the government relaunches the program without provisions that consider the applicants' race, as it has agreed to do.

  • August 19, 2026

    FTC Asks Court To Keep Trans Health Suit In Texas

    The Federal Trade Commission has asked a Texas federal court to keep its suit against the World Professional Association for Transgender Health in the Lone Star State, saying that the organization incorporated there in 1980.

  • August 19, 2026

    HHS, USDA Must Withdraw Dietary Guidelines, DC Court Told

    A public health nonprofit on Wednesday urged a D.C. federal court to order the federal government to withdraw dietary guidelines it issued earlier this year, arguing that reviewers who advised on the guidelines had significant conflicts of interest and were selected without public oversight.

  • August 19, 2026

    DOJ Enviro Deputy AG Leaves Post

    A top deputy in the U.S. Department of Justice's Energy and Natural Resources Division is leaving the agency, according to court documents filed on Wednesday.

  • August 19, 2026

    USPTO Says Patent Atty's Suit Shouldn't Stop Discipline Case

    The U.S. Patent and Trademark Office has said an Ohio federal court shouldn't pause professional discipline proceedings against an attorney while he sues the agency, saying he's likely to fail with his suit challenging the fact that a judge from another agency is overseeing his discipline case.

  • August 19, 2026

    Immigration Board Says Migrants Get 1 Shot To Reopen Case

    The Immigration and Nationality Act generally limits noncitizens in immigration proceedings to only one motion to reopen a case, the Board of Immigration Appeals ruled, adding that statutory restriction cannot be equitably tolled, either.

  • August 19, 2026

    PFAS Turnout Gear Buyer Lawsuits Get Consolidated In Minn.

    Minnesota will be home to firefighter turnout gear PFAS "forever chemical" federal lawsuits filed by municipal purchasers from 14 separate states, the Judicial Panel on Multidistrict Litigation has decided, consolidating current actions in Montana and California with lawsuits filed in the corporate home state of 3M Co.

  • August 19, 2026

    Broadband Co. Asks FCC To Fix 'Ineffective' State Pole Regs

    Broadband provider GoNetSpeed has asked the Federal Communications Commission to open a rulemaking proceeding to tackle "ineffective" state regulation of utility pole attachments for broadband equipment.

  • August 19, 2026

    DOJ Touts 'Targeted' Probes In Sales Software Merger OK

    The U.S. Department of Justice said Wednesday it had closed an in-depth review into a sales tracking software merger, mollified by the likelihood of artificial intelligence-enabled competition, in an announcement touting the use of "targeted" scrutiny to end the probe quickly.

  • August 19, 2026

    EPA Waiver Review Could Upend Rulemaking, Judge Signals

    A D.C. federal judge predicted Wednesday that there could be wide-ranging implications for oversight of agency rulemaking if the U.S. Environmental Protection Agency is allowed to put California emissions waivers up for congressional review more than a decade after they were first granted.

  • August 19, 2026

    Caesars Looks To Dodge Tribe's Suit Over NY Mobile Betting

    Caesars Sportsbook is asking a district court to dismiss the Cayuga Nation's claims that its entity is illegally offering mobile sports betting on tribal lands, saying the New York Indigenous nation is looking to create a remedy that Congress chose not to provide.

  • August 19, 2026

    Ex-US Attys Protest Trump's Swift Firing Of Rogoff In Seattle

    Thirty former U.S. attorneys backed Roger Rogoff's bid for reinstatement as Seattle's top federal prosecutor after President Donald Trump fired him on the heels of his court-ordered appointment, arguing Tuesday that Trump is trying to "sidestep the Senate's advice-and-consent role and sideline the judiciary" by letting unappointed individuals play such roles.

  • August 19, 2026

    Trade Court Rejects Bahrain Importer's FTA Theory

    Film imported from Bahrain cannot qualify for preferential tariff treatment under a free trade agreement because the importer failed to meet its requirements, and those of the law underlying the deal, according to a U.S. Court of International Trade opinion published Wednesday.

  • August 19, 2026

    OCC Advancing Stablecoin Rule At 'Great Speed,' Gould Says

    The Office of the Comptroller of the Currency plans to issue the main rule establishing its stablecoin oversight framework by November and expects to be ready to process issuer licensing applications as soon as January, the agency's top official said Wednesday.

  • August 19, 2026

    9th Circ. Says Initial Arbitration No Obstacle To EFAA

    A split Ninth Circuit panel ruled Wednesday that a fired biopharmaceutical executive could quit arbitration and file a suit claiming her boss subjected her to gender-based harassment, finding the pivot was fair game under a law that shields sex misconduct disputes from out-of-court resolutions.

  • August 19, 2026

    IRS Aims To Limit Tax Credits For Authorized Immigrants

    Fewer immigrants living in the U.S. legally would have access to refunds from individual tax credits under proposed regulations released Wednesday by the IRS that would link eligibility to welfare requirements rather than just work authorization.

  • August 19, 2026

    Groups Say NOAA Failed To Vet Samoan Seabed Mining Harm

    Two conservation groups have sued to stop the sale of deep-sea mining rights across 31 million acres of seabed around American Samoa, arguing the National Marine Fisheries Service unlawfully determined the activity would not adversely affect endangered species and their habitat.

  • August 19, 2026

    Paramount Judge Urges Parties To Be 'More Reasonable'

    A California federal judge overseeing the challenge to Paramount Skydance's $110 billion Warner Bros. Discovery acquisition brought by the Writers Guild of America and state attorneys general urged the parties Wednesday to be "much more reasonable" with discovery disputes, warning that if they aren't, "you will find yourself asked to engage a special master."

  • August 19, 2026

    Paramount Viewers Stuck With Bringing Amended Suit

    A California federal judge refused Tuesday to reconsider dismissing a consumer complaint challenging Paramount's completed merger with Skydance and its planned purchase of Warner Bros. Discovery, holding that the filing of an amended complaint mooted the motion.

  • August 19, 2026

    Trade Court Judge Mulls Class Cert. For IEEPA Refunds

    A U.S. Court of International Trade judge on Wednesday didn't commit to certifying a class of importers who paid tariffs under President Donald Trump's struck-down global regime, though the option seemed to intrigue him.

  • August 19, 2026

    Over 120 Ex-Judges Demand Probe Of DHS GC's 'Worst' Posts

    A pair of nonprofits along with a bipartisan group of 128 former state and federal judges have asked the Florida Bar to investigate the general counsel of the U.S. Department of Homeland Security for a recent series of social media posts attacking sitting judges.

  • August 19, 2026

    Venable Hires Treasury Legislative Deputy With Tax Experience

    Venable LLP's latest hire in the legislative and public policy group in Washington, D.C., is a U.S. Department of the Treasury official who most recently worked as the deputy undersecretary for legislative affairs.

  • August 19, 2026

    Mining Project Beats Suit, But Species Harm Estimate Flagged

    The federal government won dismissal of most claims from environmental groups challenging a gold mining project, but the presiding federal Idaho judge did order the U.S. Fish and Wildlife Service to revise a statement estimating harm to wolverine and bull trout.

  • August 19, 2026

    Feds Accuse Comey Of Trying To 'Shortcircuit' '86 47' Case

    Former FBI Director James Comey is seeking to end the case over an allegedly threatening photo of seashells he posted online before the government has had a chance to present the full context for its case, prosecutors argued this week.

Expert Analysis

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

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    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

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