Public Policy

  • August 24, 2026

    Trump Says Capital One Accounts Case Shouldn't Be Tossed

    President Donald Trump and his businesses have urged a Florida federal court not to axe their suit against Capital One, doubling down on their argument that the bank surveilled them and unlawfully closed hundreds of accounts "for no reason other than politics."

  • August 24, 2026

    AGs Want Meta's Privilege Claims Reviewed In Bellwether Trial

    During a break in a jury trial Monday over states' claims Meta hid social media's harm, states' counsel urged a California federal judge to require Meta to re-review all of its attorney-client privilege designations, arguing that "it seems actually logically impossible" that Meta described the wrong standard in only a single document.  

  • August 24, 2026

    Nevada Challenges Feds' Plan For Colorado River Shortages

    Nevada on Monday asked a federal judge to block a framework for Colorado River water cuts the Trump administration finalized, arguing that a flawed review and analysis threaten to put shortages on the backs of it and two other lower basin states.

  • August 24, 2026

    DOJ Seeks To Beat UC Researchers' Challenge Of Grant Axings

    The U.S. Department of Justice argued on Friday that the Trump administration should prevail over University of California researchers' challenges of the termination of their grants, telling a California federal judge that the First Amendment doesn't apply to competitively awarded grants.

  • August 24, 2026

    Google Says Publishers Can't Get 'Fake Privilege' Discovery

    Google urged a New York federal judge not to grant additional discovery to a group of publishers targeting its advertising placement technology dominance in a wider multidistrict litigation, arguing claims of insufficient detail into corporate policies allegedly hiding evidence are belied by the volume of information already cited.

  • August 24, 2026

    Ukraine Says Tatneft Appeal Over $173M Stay Should Be Axed

    Ukraine has pressed the D.C. Circuit to nix an appeal by a large Russian oil company that seeks to overturn a lower court's stay order in the business's suit to enforce a $173 million arbitral award against the country, saying its domestic law prohibits it from paying the award.

  • August 24, 2026

    4th Circ. Says Vacated Drug Conviction Can't Bar Admissibility

    The Fourth Circuit concluded Monday that a Mexico native's since-vacated marijuana conviction in North Carolina state court does not render her inadmissible in the U.S., departing from a long-standing framework that considered vacated convictions valid for immigration purposes unless they're vacated due to substantive or procedural defects. 

  • August 24, 2026

    USPTO Anonymous Reexam Proposal Spurs Concern, Praise

    A U.S. Patent and Trademark Office proposal to effectively end the ability to be completely anonymous when requesting patent reexaminations drew numerous concerns from industry and attorney groups, as well as supportive remarks from patent owners and calls for the office to go further.

  • August 24, 2026

    Mich. Judicial Council Seeks Input On Long-Term Courts Strategy

    The Michigan Judicial Council heard input on its six-point strategic plan to improve the courts system Monday during a Zoom public forum.

  • August 24, 2026

    Feds Scrap Biden-Era Policy On Credit-Access Programs

    The Trump administration is withdrawing Biden-era guidance that encouraged banks and other lenders to offer specialized programs to boost credit access for underserved borrowers, according to a new Federal Register notice. 

  • August 24, 2026

    Consumer Groups Urge DOT To Keep Airline Full-Fare Ad Rule

    Consumer advocates have asked the U.S. Department of Transportation to reconsider its plans to upend decades-old requirements that airlines display the total airfare more prominently than other components like taxes and fees, saying the Trump administration is effectively endorsing "drip pricing."

  • August 24, 2026

    Feds Seek Circuit Court Reversals In Sanctuary Policy Battle

    The Trump administration has asked separate federal circuit courts to review lower court decisions rejecting its challenges to various state and local sanctuary immigration policies, arguing to the Tenth Circuit that such policies from Colorado and Denver affirmatively obstruct federal immigration enforcement.

  • August 24, 2026

    AT&T, Duke Energy To Arbitrate Pole Rate Dispute

    AT&T and Duke Energy are headed for arbitration in the hopes of settling their dispute over the rates the power company charges the telecom behemoth for pole attachments, the Federal Communications Commission has said.

  • August 24, 2026

    Calif. Takes Trump Admin Pipeline Fight To 9th Circ.

    California has asked the Ninth Circuit to review a district court's rejection of its bid to block the Trump administration's reopening of a controversial coastal oil pipeline, which a judge said was a valid use of federal emergency authority under the Defense Production Act.

  • August 24, 2026

    Aviation Cos. Urge FCC To Pull Ligado Network Order

    The FCC ought to revoke its controversial 2020 order giving Ligado Networks permission to build a mobile satellite network because the company won't be able to build it in a way that meets the "stringent conditions" the agency gave it, a coalition of groups and companies tells the agency.

  • August 24, 2026

    White Nationalist Group Says Probes Violate Free Speech

    A white nationalist association and other related parties have claimed that federal, state and local authorities are violating their constitutional free speech rights by conducting unfair investigations into the group's "whites-only" community in the state.

  • August 24, 2026

    Merck Loses HHS Suit Over Medicare Drug Price Program

    A D.C. federal judge shot down Merck's challenge to the Inflation Reduction Act's Drug Price Negotiation Program on Monday, ruling that the pharmaceutical giant's voluntary participation in connected Medicare and Medicaid programs meant that its inclusion in the negotiation program doesn't constitute an unconstitutional taking.

  • August 24, 2026

    'History And Tradition' Allow For Religious Emails, USDA Says

    The U.S. Department of Agriculture urged a California federal court to toss a suit by federal workers and their labor union accusing the agency's secretary of sending "proselytizing" religious emails to employees, arguing the messages align with the "history and tradition" of public officials making references to religion.

  • August 24, 2026

    DHS Must Face Bias Suit Over Candidate's Ayahuasca Use

    The U.S. Department of Homeland Security can't escape a lawsuit alleging it unlawfully nixed an applicant's job offer because her religious practice includes consuming the psychoactive tea ayahuasca, a Florida federal judge ruled Friday, rejecting the agency's assertion that the court can't review its hiring decisions on national security grounds.

  • August 24, 2026

    DOJ Backs Biotech Co. Against Red Cross At 1st Circ.

    The U.S. Department of Justice is continuing to back a biotech company that accuses the American Red Cross of blocking competition for blood platelet testing, telling the First Circuit the nonprofit is not part of the government and is not immune from the antitrust claims.

  • August 24, 2026

    Colo. Judge Certifies Class In Hospital Gender Care Suit

    A Colorado state judge granted class certification in transgender adolescents' lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming medical care for them and other transgender youth patients.

  • August 24, 2026

    FCC's Trusty Sees Need For Fresh Look At Universal Service

    Since taking a seat on the Federal Communications Commission more than a year ago, Olivia Trusty says her travels around some of the most rural parts of the country have convinced her of a need to bring the FCC's universal service programs up to date.

  • August 24, 2026

    Fed. Circ. Agrees To Speed Up Args In COVID Vax Patent Case

    The Federal Circuit on Monday agreed to accelerate the schedule in a COVID-19 vaccine patent dispute between Moderna and Arbutus Biopharma Corp. by holding arguments in November.

  • August 24, 2026

    Judge Says ICE Skirted Review In CAT Removal Reversal

    A Maryland federal judge ordered the Trump administration to facilitate the return of a Mexican national who testified against drug cartel members, saying the government violated his due process rights by revoking his removal protection after trying to deport him unsuccessfully twice prior.

  • August 24, 2026

    9th Circ. Sends Juneau Trust Fight Back After DOI Reversal

    A Ninth Circuit panel on Monday remanded a dispute over a 787-square-foot parcel in downtown Juneau after the U.S. Department of the Interior changed its position on the land-into-trust decision for an Alaskan tribal government.

Expert Analysis

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • EEOC Enforcement Plan Signals DEI, Religious Bias Scrutiny

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    In light of the U.S. Equal Employment Opportunity Commission recently publishing its national enforcement plan covering through fiscal year 2029, employers should expect increased scrutiny of practices that conflict with the administration's positions on diversity, equity and inclusion, national origin discrimination, and religious accommodations, say attorneys at Morgan Lewis.

  • Immigration Order Raises Customer ID Stakes For Banks

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    Following a recently issued immigration-related executive order, financial institutions should expect and prepare for increased scrutiny of customer due diligence and identification, suspicious activity monitoring, and consumer lending, as well as accompanying supervisory shifts and rising fair lending risks, says Douglas Weissinger at Butler Snow.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

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    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

  • 2 Microsoft Matters Could Help Shape AI Antitrust Outlook

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    A pending federal court case and investigation focusing on Microsoft's allegedly anticompetitive conduct in the deployment of artificial intelligence tools are testing whether antitrust law can distinguish ordinary competition to supply the AI ecosystem from conduct that distorts how that competition unfolds, says Kylie Kim at Massey & Gail.

  • Preparing For Next Congress With Eye On Investigation Risk

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    Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • The Debanking Minefield: Navigating Fair Access In 2026

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    Federal regulators' recent elimination of reputational risk from bank supervision, alongside a growing patchwork of state fair access laws, is reshaping how banks make account and service decisions and ushering in a new compliance era requiring individualized, objective and risk-based access determinations, say attorneys at Spencer Fane.

  • Carbon Health Settlement Highlights Why Evidence Is Key

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    The California Attorney General's Office's first-of-its-kind settlement with Carbon Health, imposing penalties for alleged corporate practice of medicine violations, shows that friendly professional corporation challenges usually hinge not on the parties' management services agreement, but on whether the operational record matches it, says Ben Dubin at VC Expert Services.

  • What PE Practitioners Need To Know About New Del. ABC Act

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    Delaware's new Assignment for the Benefit of Creditors statute represents a structural shift in how companies backed by private equity can be wound down and provides a more streamlined tool for managing sponsor liability without the public visibility of a bankruptcy proceeding, says Evelyn Meltzer at Troutman Pepper.

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