Public Policy

  • October 20, 2026

    'Petulant' Attorney Behavior Requires New Trial, 5th Circ. Says

    The Fifth Circuit ordered a new trial Friday for a woman who was halted while speaking at a Louisiana local council meeting, saying defense lawyers for two council members threw "a skunk into the jury box" with a bevy of improper maneuvers.

  • October 20, 2026

    States' Suit Over Trump Energy EO Sparks Broader Questions

    A Washington federal judge considering the Trump administration's bid to dismiss a multistate challenge to an executive order declaring a national energy emergency said Tuesday that the case highlights a broader dilemma: how courts should handle litigation based on "a single executive directive that sets in motion hundreds of agency decisions."  

  • October 20, 2026

    CFTC's Selig Says Agency Is Building AI To Police Markets

    U.S. Commodity Futures Trading Commission Chairman Michael Selig spoke to an audience in Washington, D.C., Tuesday about his agency's use of artificial intelligence, whether regulations adopted in the wake of the 2008 financial crisis had gone "too far" and how he is pressing ahead with crypto rules despite Congress' inability to pass regulations before the midterm elections.

  • October 20, 2026

    Meta Wins Stay Of Wash. Ad Case Amid High Court Cert. Bid

    A Washington state judge on Tuesday granted Meta Platforms Inc.'s request to pause a permanent injunction requiring "full compliance" with a state political advertising disclosure law, agreeing to put the requirement on hold while the company asks the U.S. Supreme Court to review the law's constitutionality.

  • October 20, 2026

    Feds Offer Up-Front Payments For Fraud Whistleblower Tips

    The U.S. Department of Justice on Tuesday announced the creation of a whistleblower incentive program offering up-front monetary awards for tips that lead to criminal fraud charges.

  • October 20, 2026

    Ashley St. Clair Can't Toss XAI Forum Clause Suit

    A Texas federal judge refused Tuesday to dismiss xAI's lawsuit accusing political commentator and influencer Ashley St. Clair of violating its terms of service by suing in New York over allegations that Grok generated sexually explicit images of her.

  • October 20, 2026

    OnlyFans Auto-Renew Suit Belongs In Calif., Not England

    A proposed class action alleging OnlyFans' parent company used unlawful subscription auto-renewals does not belong in the United Kingdom, a California federal judge ruled Tuesday, finding that pushing the case to an English court would "substantially diminish" Golden State residents' right to bring consumer class actions.

  • October 20, 2026

    Florida Board Must Testify In Book Ban Suit, 11th Circ. Says

    A split Eleventh Circuit panel held Monday that current and former Florida school board members cannot invoke legislative privilege to avoid testifying about why they removed specific library books, finding that the privilege protects their adoption of book removal policies but not the decisions applying those policies to particular titles.

  • October 20, 2026

    FBI, FTC Tip Sites Vulnerable To Spying, Sen. Wyden Warns

    The Federal Bureau of Investigation and the Federal Trade Commission's online tip lines and other government websites are vulnerable to spying, U.S. Sen. Ron Wyden, D-Ore., said in a letter urging the executive branch to upgrade security technology for the websites.

  • October 20, 2026

    Texas Appeals Court Skeptical Uri Interference Claims Viable

    A Texas appeals court on Tuesday sounded dubious of a claim brought by energy consumers alleging that dozens of companies involved in the natural gas industry tortiously interfered with their electricity contracts by decreasing natural gas output during a deadly winter storm.

  • October 20, 2026

    CFPB's Debanking Push Puts Enforcement Reset To The Test

    The Consumer Financial Protection Bureau is pledging to crack down on allegedly discriminatory debanking practices, but this enforcement initiative could put the agency on a collision course with both the limits of its authority and its commitment to avoiding "novel legal theories."

  • October 20, 2026

    Utah Sues Kalshi, Susquehanna For Violating Gambling Ban

    Utah sued Kalshi, its related entities and Susquehanna International Group in state court Tuesday over a "brazen pattern of unlawful conduct" by offering sports event contracts that allegedly violate the state's constitutional ban on gambling, after the Tenth Circuit declined to shield Kalshi from Utah gaming regulators last month.

  • October 20, 2026

    Catholic Scholars, Ex-Nat'l Security Officials Back Anthropic

    Former CIA Director Leon Panetta, ex-national security officials and Catholic theologians on Tuesday all urged the full D.C. Circuit to rehear Anthropic's challenge to the Trump administration's decision to designate the company a supply chain risk, claiming that the company's position strengthens the U.S. government's global edge in artificial intelligence and conforms with Catholic teaching.

  • October 20, 2026

    GOP States Back Trump Bid To Limit Immigrant Habeas

    Iowa and 21 other Republican-led states urged the U.S. Supreme Court on Tuesday to grant the Trump administration's petition to review whether district courts have authority over habeas petitions from noncitizens challenging their detention.

  • October 20, 2026

    Biz Says 50% Canadian Tariff Is Yet Another Illegal Regime

    President Donald Trump's retaliatory 50% tariffs against Canadian goods are the latest in a string of illegal trade actions and should be struck down, just like two previous regimes, according to a lawsuit filed Tuesday at the U.S. Court of International Trade.

  • October 20, 2026

    California Moves To Protect 15,000 Acres Of Coastal Waters

    California has begun the process of designating its first new marine protected areas in over a decade — and the first in which Native American tribes played a leadership role.

  • October 20, 2026

    2nd Circ. Won't Block Connecticut Drug Price Cap

    A Second Circuit panel affirmed a lower court's decision Tuesday, refusing to block Connecticut from enforcing a cap on generic and off-patent drug prices while a trade association for drug wholesalers challenges the statute.

  • October 20, 2026

    Polymarket Calls Ohio's Gaming Enforcement Unconstitutional

    Polymarket has sued Ohio officials in federal court to stave off an enforcement action under the state's gambling laws, arguing its sports event contracts are under the exclusive jurisdiction of the U.S. Commodity Futures Trading Commission and that the state's gaming regulations unlawfully discriminate against interstate commerce.

  • October 20, 2026

    Judge Rejects DOJ Bid To End NAACP Suit Over XAI Pollution

    The Trump administration can intervene in a NAACP citizen suit alleging X.AI Corp. unlawfully installed dozens of polluting gas turbines to power a data center, but cannot unilaterally dismiss the suit as it claimed, a Mississippi federal judge has ruled.

  • October 20, 2026

    REIT Says Narcan Dispenser Spiked Crime Near Apartments

    A real estate investment trust sued a Boston suburb Tuesday, blaming drug activity near its 146-unit apartment building on a public health initiative to provide a vending machine nearby for the overdose treatment Narcan. 

  • October 20, 2026

    Conn. High Court Snapshot: Justices May Refine Anti-SLAPP

    The Connecticut Supreme Court will hear cases in its new term that could change the procedure for winning a strategic lawsuit against public participation and clarify what it means to be "in custody" for the purposes of habeas jurisdiction.

  • October 20, 2026

    FCC Making 'Zero' Plans To Ease Political Robocall Rules

    The Federal Communications Commission said Tuesday it does not intend to float changes to its anti-robocall rules to allow AI-generated political calls to consumers ahead of the midterm elections after a conservative group made the proposal in August.

  • October 20, 2026

    Samoan Groups Challenge Planned Deep-Sea Mining Leases

    A Samoan council of chiefs and leaders from American Samoa's Manu'a Islands and two community groups are asking a Hawaiian federal court to block a plan to sell leases that will allow deep-sea mining of more than 31 million acres of seabed off the coast of American Samoa.

  • October 20, 2026

    Google Makes Last DC Circ. Push Against DOJ's Search Win

    Google took one final swing Monday at upending a D.C. federal judge's rulings faulting it for monopolizing online search and forcing it to prop up search engine rivals with data and syndicated results, telling the D.C. Circuit that the U.S. Department of Justice's case targets earned market dominance.

  • October 20, 2026

    Sinclair Says 5G Broadcast Bid Rests On 'Speculation'

    TV station chain Sinclair Inc. has opposed a petition before the Federal Communications Commission that would allow low-power TV stations to use the emerging 5G Broadcast standard, saying petitioners haven't provided evidence that would help the agency evaluate the technology's risk of potential interference. 

Expert Analysis

  • Calif. AV Notices Reshape Crash Data Preservation, Discovery

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    California's new autonomous vehicle noncompliance notice process does not decide fault or establish that an AV is unsafe, but it can create a contemporaneous regulatory record and accelerate decisions about what crash-related data must be preserved, reviewed and potentially disclosed in litigation, says attorney Lem Garcia.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • AG Watch: Va. Vape Product Regulations Enter A New Phase

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    Virginia's new vape enforcement framework carries important implications related to product eligibility and certification requirements for businesses operating in the marketplace, representing the culmination of several years of legislative action, regulatory development, litigation and interagency planning, says Chuck Slemp at Cozen O'Connor.

  • Opinion

    Colo. Climate Suit Defies Limits Of State Power

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    In Suncor Energy v. Boulder County, the U.S. Supreme Court must not allow a single Colorado county to penalize pollution occurring across the country and around the globe, because the U.S. Constitution forbids states from exercising power beyond their borders, says Michael McGinley at Dechert.

  • What's Next For Prediction Markets If States Win At High Court

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    While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.

  • FDIC Standards Body Could Ease Bank Vendor Due Diligence

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    The Federal Deposit Insurance Corp.'s recently proposed standards body for bank vendors could streamline due diligence and onboarding, but banks and their third-party service providers alike should still monitor open questions around oversight, certification costs and governance, say attorneys at Clark Hill.

  • Navigating A Key Inflection Point In Biosimilar Sector M&A

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    As biosimilar mergers and acquisitions gain notice amid U.S. Food and Drug Administration reforms, a maturing patent framework and a looming patent cliff, companies diversifying into the higher-growth biologics space should align their regulatory, intellectual property and transactional strategies, say attorneys at Skadden.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • How Employers Can Navigate NLRB Rulings Ripe For Reversal

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    Given a recent National Labor Relations Board memo seeking to reverse several precedents — including on severance agreements and workplace policies — employers should prepare now to restore broader protections when the board acts, while following the law as it exists today, says Howard Lavin at Thompson Coburn.

  • What Comes Next For Digital Asset Regs After Clarity Act Flop

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    After the U.S. Senate recently blocked the Digital Asset Market Clarity Act, agency rulemaking could still offer a near-term remedy, and companies meanwhile should monitor the existing framework assembled from enforcement precedent and case law in the absence of a purpose-built statute, say attorneys at Ropes & Gray.

  • FDA Bill Shows Risk Of Inexact Statute Text, Post-Loper Bright

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    A recent House bill to amend the Food and Drug Administration's drug preclusion framework reveals the increased importance of precision when drafting statutory rules in a post-Loper Bright landscape, as several minor errors in the text could lock in unintended results that will be difficult to repeal, say attorneys at Venable.

  • Species 'Harm' Definition Rollback Brings Risk For Developers

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    A rule recently adopted by federal agencies rescinds the definition of "harm" in Endangered Species Act regulations to exclude habitat destruction — but while the move is aimed at reducing regulatory burdens, it creates new uncertainty for developers, and may trigger increased environmental protections in California, say attorneys at Cox Castle.

  • $95M Nev. Case Provides Clues On Wound Care Enforcement

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    Federal prosecutors’ recent U.S. v. Dubin indictment, charging a Nevada physician with healthcare fraud over an alleged $95 million Medicare billing scheme involving amniotic wound allografts, provides a clearer picture of an increasingly data-driven enforcement strategy that follows the entire wound care transaction, say attorneys at Bass Berry.

  • DOJ Fraud Memo Highlights Trade Enforcement Playbook

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    A recent U.S. Department of Justice memo that outlines the Fraud Enforcement Division's priorities demonstrates that customs and trade fraud enforcement has entered a new and far more aggressive phase, with recent cases highlighting how the False Claims act is driving the new push, say attorneys at Foley & Lardner.

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