Public Policy

  • 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.

  • August 19, 2026

    Ohio Urges 6th Circ. To Allow Hemp Reclassification

    The state of Ohio urged the Sixth Circuit on Wednesday to reverse a lower court's decision halting enforcement of a new state law that reclassified hemp products as marijuana, accusing the hemp companies who sought the injunction of pushing an "aggressive theory" of the case.

  • August 19, 2026

    DC Circ. Won't Block Loan For Mozambique LNG Project

    A D.C. Circuit panel denied an environmental group's push to block $4.7 billion in financing the U.S. Export-Import Bank approved for a TotalEnergies EP liquefied natural gas project in Mozambique, finding the group unlikely to prevail in its challenge.

  • August 19, 2026

    Prison Phone Co. Says Techs Aren't Owed Public Works Pay

    A prison phone service provider told a New York federal judge that three field service technicians who installed and maintained telecommunications systems in hospitals and prisons did not agree to a "public works" contract and aren't guaranteed higher pay under state labor laws.

  • August 19, 2026

    5th Circ. Backs Delay Of FDA's 11-Warning Cigarette Rule

    The Fifth Circuit on Tuesday upheld the delay of a U.S. Food and Drug Administration rule requiring the addition of graphic warning labels to cigarette packages, saying tobacco companies that challenged the rule showed the agency likely overstepped its narrow authority to adjust existing warnings by creating two new ones.

  • August 19, 2026

    Ruling Lets Ethiopia's Protected Status End As Case Proceeds

    A Massachusetts federal court has ruled the Trump administration's termination of Ethiopia's temporary protected status designation can now take effect, though allowing Ethiopian nationals to continue arguing that the administration acted at least partly out of racial animus.

  • August 19, 2026

    Pa. Court Lets Off-Grid Solar Projects Get Energy Credits

    Solar energy projects in Pennsylvania do not have to connect to the electrical grid to qualify for "solar renewable energy credits," allowing gas pipeline operator Williams Companies Inc. to get and sell credits for solar arrays that only power two remote compressor stations, a state appellate court ruled Wednesday.

  • August 19, 2026

    Mass. Top Court Clears Path For $325M Pro Soccer Stadium

    Massachusetts' highest court on Wednesday cleared the way for construction to continue on a $325 million women's professional soccer stadium on a parcel within Boston's historic Franklin Park, finding that the project is not subject to a state law protecting parkland from development.

  • August 19, 2026

    4th Circ. Ends Immigration Judges' Free Speech Suit

    The Fourth Circuit on Wednesday affirmed that a district court lacked authority to hear a suit from an immigration judges' union challenging a policy barring judges from speaking publicly about immigration without prior approval.

  • August 19, 2026

    FCC Seeks Comments On Proposal To End E-Rate Program

    The Federal Communications Commission's Wireline Competition Bureau is seeking public input on a proposal to amend, and possibly curtail, a broadband subsidy for schools and libraries.

  • August 19, 2026

    Feds Urge Wash. Court To Back Axing Dam Workers' CBA

    The Trump administration urged a Washington federal court to deny a labor union's bid to block the government from terminating a collective bargaining agreement covering hydropower dam workers, arguing that appellate courts have rejected similar injunction requests from other unions.

  • August 19, 2026

    Trump Delays Canada Tariffs, Says Deal Imminent

    President Donald Trump delayed for three days 50% tariffs on select Canadian goods scheduled to take effect Wednesday in an effort to strike a deal with the Canadian government, he said late Tuesday evening.

  • August 18, 2026

    Ex-DOJ Atty Says Trump's University Probes Were Political

    Trump administration officials forged ahead with investigations into Harvard, Columbia and other universities despite its own lawyers raising legal concerns and, in some cases, finding "little to no factual predicate justifying opening them," according to a whistleblower disclosure from a former U.S. Department of Justice lawyer made public Tuesday.

  • August 18, 2026

    DC Circ. Backs EPA Forever Chemicals Rules

    The D.C. Circuit Tuesday backed the U.S. Environmental Protection Agency's designation of the two most common forms of forever chemicals as hazardous substances under federal Superfund law, rejecting arguments from industry that the agency didn't have a legal basis to do so.

  • August 18, 2026

    Feds Bring New Charges Over $3.4B Iran-Backed Cybertheft

    Manhattan federal prosecutors on Tuesday announced new charges against a group of Iranians accused of running a global, state-backed hacking campaign against private companies, government agencies and universities, in a wide-ranging cybertheft conspiracy that stole at least $3.4 billion in academic data and intellectual property.

  • August 18, 2026

    SEC Proposes Long-Awaited Crypto Offering Exemptions

    The U.S. Securities and Exchange Commission on Tuesday unveiled plans to exempt some cryptocurrency offerings from its registration requirements and to create a safe harbor for some projects to eventually shed securities law obligations altogether.

Expert Analysis

  • 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.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

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