Public Policy

  • September 24, 2026

    Judge Dubious Of DOJ Offer On Harvard Admissions Data

    A Massachusetts federal judge appeared skeptical Thursday of assertions by a Trump administration lawyer that the government was always willing to negotiate with Harvard University before bringing a lawsuit seeking a decade's worth of admissions data for hundreds of thousands of applicants.

  • September 24, 2026

    New Eastern La. Judge's 5th Circ. Bid Goes To Full Senate

    U.S. District Judge Anna St. John of the Eastern District of Louisiana, who was confirmed to her current post in March, is one step closer to being elevated to the federal appeals bench.

  • September 24, 2026

    Sen. Hyde-Smith's Opponent Seeks Blue-Slip Transparency

    Four years ago, Scott Colom — the son of the first African American elected to the chancery bench in her region of Mississippi — was nominated for a federal judgeship. Now he's running for Senate against the senator who blocked his confirmation.

  • September 24, 2026

    Cayuga Tribe Fights to Keep Caesars Sports Betting Suit Alive

    The Cayuga Nation is asking a district court to reject a bid by Caesars Sportsbook to dismiss the tribe's lawsuit, arguing that the gambling giant's arguments largely rest on a misplaced premise that its New York gambling license allows it to accept wagers from every location within the state.

  • September 24, 2026

    White House Must Restore Press Passes To CNN, Others

    A D.C. federal judge ordered the White House to immediately reinstate White House access for CNN, Politico and MS Now on Thursday morning, writing that the outlets were likely to succeed in claiming that their abrupt ban from the building last week violated their Fifth Amendment procedural due process rights.

  • September 23, 2026

    NM Offers Infernal Literature Lesson In Meta Trial Closing

    New Mexico wrapped its data privacy trial against Meta on Wednesday by likening the social media company's alleged habitual lying about data protection to the worst of sins in Dante's "Inferno," asking the jury, "Does lying matter?"

  • September 23, 2026

    Newman's Roadblocks Guide Judicial Conduct Reform Bill

    The Judicial Conduct and Disability Act has worked well in allowing the judicial branch to govern itself for nearly 50 years, but the ongoing suspension of Federal Circuit Judge Pauline Newman has exposed gaps that could be addressed with newly introduced legislation, attorneys say.

  • September 23, 2026

    Oakland Beats ADA Challenge To Rent Control Program

    Oakland city officials beat a proposed class action alleging its rent control program discriminatorily excludes tenants with mobility disabilities since few units under the program are accessible, after a California federal judge said Wednesday there are other options that could address disparate impacts without violating the state's rent control law.

  • September 23, 2026

    NY's Landmark Climate Change Superfund Blocked Again

    Another New York federal judge on Wednesday agreed with the federal government that the Empire State overstepped its authority with its Climate Change Superfund Act, the second such ruling on the state's landmark attempt to collect payments from fossil fuel companies to fund climate change mitigation efforts.

  • September 23, 2026

    WH Aide Says CFTC Needs Congress For Full Crypto Powers

    A White House crypto aide said Wednesday that Congress' failure to pass the Clarity Act leaves the U.S. Commodity Futures Trading Commission without authority over spot crypto markets, which could limit the agency's plans to stand up a digital asset framework in the absence of crypto market structure legislation.

  • September 23, 2026

    Colo. Town Says Agenda Change Didn't Void Closed Meeting

    A Colorado Court of Appeals panel appeared skeptical Wednesday that an improperly noticed meeting revokes the privacy privilege of an executive session held at the meeting in a town's appeal of a lower court's order to make what was discussed during the session public.

  • September 23, 2026

    9th Circ. Grounds Suit Over Wash. Airport Flight Path Pollution

    A Ninth Circuit panel said Wednesday that a provision of the Clean Air Act limiting state regulation of aircraft emissions is enough to extinguish a group of Washington residents' proposed class action against Delta Air Lines, Alaska Airlines and the Seattle-Tacoma International Airport's operator over alleged flight path pollution.

  • September 23, 2026

    Squires Wants Even More Review Of Patent From $253M Case

    The U.S. Patent and Trademark Office director again intervened in a case stemming from a Patent Trial and Appeal Board's invalidation of patent claims in a $253 million judgment against GoDaddy, asking the Federal Circuit to remand an appeal over a decision by top judges that revived the claims.

  • September 23, 2026

    Judge Won't Block Feds' Land Exchange With SpaceX

    SpaceX and the U.S. Fish and Wildlife Service can proceed with their planned land swap after a Texas federal judge determined that the groups challenging the deal failed to show that their members would suffer irreparable injury as a result of the exchange.

  • September 23, 2026

    Electric Cos. Urge FCC To Revamp Call Consent Revocation

    Investor-owned electric companies told the Federal Communications Commission it should move forward on a recently proposed rule that would change how call consent revocation applies to different categories of calls.

  • September 23, 2026

    Banking Dems Protest GOP-Only Prediction Market Talks

    Every Democratic senator on the Banking Committee on Wednesday urged the panel's chairman, Sen. Tim Scott, R-S.C., to hold a public hearing on prediction markets, the same day Scott held a Republican member meeting with the CEO of sports betting platform Kalshi.

  • September 23, 2026

    Blue Shield Still Facing Therapy 'Ghost Network' Suit

    A California federal judge ruled Wednesday that Blue Shield of California must face the majority of claims brought in subscribers' proposed class action alleging the insurer maintained a "ghost network" of mental-health providers that didn't exist or accept new patients, saying the suit adequately claims contract terms were not met.

  • September 23, 2026

    5th Circ. Asks Texas Students If Drag Is Same As 'Striptease'

    The full Fifth Circuit pressed student LGBTQ+ advocacy organizations to explain how drag shows on Texas college campuses met the standards for First Amendment protection, asking Wednesday if the organizations were arguing the schools should allow "striptease" performances.

  • September 23, 2026

    Colo. Judge Declines To Sanction Hospital In Gender Care Suit

    Children's Hospital Colorado properly complied with an injunction prohibiting it from refusing to provide medically necessary gender-affirming care to transgender youth patients, a state judge ruled, rejecting a request by a class of patients to hold the hospital in contempt.

  • September 23, 2026

    Media Ban Judge Declines Ruling On TRO, For Now

    A D.C. federal judge Wednesday declined to rule immediately on a temporary restraining order restoring White House access for major news organizations barred by the Trump administration since last week, instead saying he would consider the sides' arguments and issue a ruling shortly.

  • September 23, 2026

    Birthright Order Could Put Class Members At Risk, Judge Told

    Immigrant rights groups are aiming to stop the government from trying to dissolve a court order that blocked a presidential directive intended to curtail birthright citizenship, arguing the executive order would affect a certified class of children born in the U.S., despite the government's insistence it would not.

  • September 23, 2026

    9th Circ. Won't Rehear Klamath Project ESA Ruling

    The Ninth Circuit said Wednesday it won't disturb a divided three-judge panel's ruling affirming that a federal regulator must abide by the Endangered Species Act's interagency consultation requirements as it operates a water management project in northern California and southern Oregon.

  • September 23, 2026

    Wash. Judge Blocks Ed. Dept. Mental Health Grant Cuts

    A Washington federal judge preliminarily enjoined the U.S. Education Department from terminating up to $1 billion in K–12 mental health grants serving 15 states, finding states provided sufficient evidence that the agency was planning to unlawfully cut those grants.

  • September 23, 2026

    Exelon Investors' $40M Deal In Bribery Case Wins Final OK

    An Illinois federal judge on Tuesday granted final approval to a $40 million settlement resolving Exelon shareholders' claims against company leaders connected to the Commonwealth Edison bribery scandal, over the objections of some investors who argued that most benefits were already paid, previously implemented, or too small to justify releasing valuable claims.

  • September 23, 2026

    DOJ Partially Backs Apple In Epic High Court Contempt Case

    The U.S. Department of Justice told the U.S. Supreme Court in an amicus brief that the Ninth Circuit wrongly faulted Apple for charging a 27% commission on transactions linked out from apps, but it backed other parts of the California federal court's contempt order won by Epic Games.

Expert Analysis

  • 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.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q2

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    The last three months were particularly consequential for Illinois banking law, with a federal court ruling reshaping the Interchange Fee Prohibition Act, the state filling enforcement gaps, significant legislative activity and a revision to the community bank leverage ratio, say attorneys at Riley Safer.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

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