Public Policy

  • 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.

  • September 23, 2026

    Illinois Swipe-Fee Ban Also Blocked For Federal Credit Unions

    An Illinois federal judge expanded an order blocking the state from enforcing its landmark ban on tax-and-tip swipe fees against most banks, ruling that an injunction she granted earlier this year extends to federal credit unions in light of a new federal rule that authorizes them to collect interchange fees.

  • September 23, 2026

    Mich. Court Keeps Freeze On Voting Data Deletion In Place

    A temporary restraining order preventing the deletion of voter records from the Aug. 4 primary election will remain in place pending the release of administrative rulings from the Michigan Secretary of State, a Michigan judge ruled Tuesday.

  • September 23, 2026

    Mich. Judge Gives Cannabis Cos. Chance To Fix Complaint

    A Michigan federal judge has given two companies challenging the city of Menominee's marijuana licensing process a chance to amend their complaint after the city argued that a waiver signed as part of a license application bars their nine-count lawsuit.

  • September 23, 2026

    Ex-NY County Top Official's 12-Year Sentence Cut To 10

    A New York federal judge sentenced former Long Island politician Edward Mangano to 10 years for corruption Wednesday, trimming a 12-year term she handed him after the Second Circuit tossed a jury's finding that he committed bribery.

  • September 23, 2026

    FTC Backs Proposed Education Dept. Accreditation Reforms

    The Federal Trade Commission has endorsed the U.S. Department of Education's proposal to expand higher education accreditation options and promote competition among accreditation agencies.

  • September 23, 2026

    Md. Governor Calls For Ending Data Centers' Tax Exemption

    Maryland's governor became the latest state executive Wednesday to back off giving tax breaks to data centers, a development becoming increasingly common as the midterm elections draw near.

  • September 23, 2026

    Del. Justices Weigh If Corporations Can Vote In Beach Town

    The ACLU of Delaware urged the state's high court Wednesday to revive its challenge to Fenwick Island's practice of allowing property-owning corporations and other artificial entities to vote in municipal elections, arguing the system unlawfully dilutes residents' votes.

  • September 23, 2026

    Sens. Await FTC Reply On Amazon, Walmart Shopping Bots

    U.S. Sens. Tammy Baldwin and Rick Scott are waiting to receive a substantive response from the Federal Trade Commission to their request for an investigation into how Amazon and Walmart's AI shopping assistants handle "Made in the USA" products, Baldwin's office confirmed Wednesday.

  • September 23, 2026

    OpenAI Looks To End SpaceXAI's Apple Deal Antitrust Case

    OpenAI is urging a Texas federal court to end an antitrust case from Elon Musk's SpaceXAI over a deal integrating ChatGPT into Apple devices, saying the pact is not exclusive and does not block competition from rival chatbots.

  • September 23, 2026

    Fla. Panel Won't Hear City's Immunity Bid In Partnership Suit

    A Florida state appellate panel issued a split decision on Wednesday dismissing a bid by a city to overturn an order striking its motion to argue for immunity in a lawsuit over a public-private partnership to build a green waste facility near protected wetlands, saying it lacks jurisdiction. 

  • September 23, 2026

    Ute Tribe Says Split-Estate Lands Remain Indian Country

    The Ute Indian Tribe has urged the Tenth Circuit to overturn a Utah federal judge's ruling that the surface of split-estate lands within its reservation's original boundaries is not Indian Country, arguing the appellate court settled the issue decades ago.

  • September 23, 2026

    DC Pied-à-Terre Tax Plan Targets Pricey Second Homes

    Washington, D.C., would impose additional property tax on homes worth about $2.6 million or more that are not rented out or used as primary residences under legislation before the district council.

  • September 23, 2026

    Senate Confirms Abbott Aide To Texas Federal Bench

    The Senate voted 50-47, along party lines, on Wednesday to confirm Angela Colmenero, deputy chief of staff to Texas Gov. Greg Abbott, to serve on the Southern District of Texas.

  • September 23, 2026

    NY Judge Dismisses States' DOGE Treasury Data Access Suit

    A New York federal judge Wednesday tossed several states' lawsuit that challenged Department of Government Efficiency staff access to U.S. Department of the Treasury data, saying DOGE's dissolution rendered the states' access claims moot and that they failed to allege that any federal funding due to them was ultimately canceled.

  • September 23, 2026

    Cable Group Opposes FCC Plan For Robocall 'Scorecard'

    A major cable industry group blasted a plan by the Federal Communications Commission to let consumers use a "scorecard" to rate their voice service providers' efforts to block robocalls, saying it will divert FCC resources from actual enforcement.

  • September 23, 2026

    Fed. Grants Bind Railways To Fed. Labor Law, NMB Argues

    The Eleventh Circuit should affirm a Florida federal judge's finding that a high-speed rail operator is subject to the Railway Labor Act, the National Mediation Board argued, saying the operator can't wriggle its way out of complying because it runs an intercity rather than interstate rail line.

Expert Analysis

  • How Reincorporating In Texas May Alter Earnout Disputes

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    While the DExit debate has focused on shareholder suits, far less attention has been paid to what reincorporating in Texas means for M&A disputes, making it particularly important to understand the nuances between Delaware and Texas earnout jurisprudence, say attorneys at Selendy Gay.

  • What To Know If DOL Raises Overtime Salary Floor

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    With the U.S. Department of Labor recently rescinding a 2024 rule that increased the minimum salary for the Fair Labor Standards Act's overtime exemptions, employers should assess how a future increase would affect their workforce, paying particular attention to job duties requirements and state laws, says James Coleman at Constangy.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Structuring Space Nuclear Deals For Regulatory Risk

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    With the White House's recent focus on space nuclear power, a highly important question for companies that want to build orbital reactors, lunar surface systems or critical components is whether the transaction documents can handle foreign investment constraints, export controls and treaty-linked liability, says Kristie Blase at Frazer + Blase.

  • Proof, Not Just Timing, Will Decide Clean Energy Credits

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    For wind and solar projects that sprinted to begin construction before the accelerated placed-in-service deadline of July 4, project owners must now assemble and maintain documentation to qualify the project and defend against a potential clean energy credit audit, says Peter Lowy at Nelson Mullins.

  • Coordinating Life Sciences IP Strategies In The US And EU

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    As postgrant practice for life sciences patents is restructured in the U.S. and European Union simultaneously, patent owners will need to implement transatlantic coordination that treats international proceedings as components of a single intellectual property risk architecture, says Paul Calvo at Sterne Kessler.

  • Texas Business Court Rulings Show Deal Terms Paramount

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    As the courts within the Texas Business Court system have begun reaching the substantive merits of the cases before them, they are persuasively demonstrating they will not only enforce the terms of transactions as written, but will also embrace a holistic approach to complex transaction documentation interpretation, says Christopher Pace at Winston Taylor.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several noteworthy financial services developments to California, including activity around a commercial finance oversight bill, the former Consumer Financial Protection Bureau head's appointment to lead a new consumer agency, and a ruling reinforcing viable bank-fintech partnerships, say attorneys at Manatt.

  • Trademark Law As A Tool To Bolster NIL Rights Against AI

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    The meteoric rise of artificial intelligence-generated deepfakes is prompting high-profile celebrities to protect their name, image and likeness rights using federal trademark law — a powerful yet limited supplement to traditional NIL claims, says Susan Natland at BakerHostetler.

  • What Ex-CFPB Head's Calif. Role May Foretell For Oversight

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    California Gov. Gavin Newsom's selection of former Consumer Financial Protection Bureau Director Rohit Chopra to lead a new consumer agency signals tougher state financial services oversight, especially for fintechs, as well as heightened enforcement activity and larger penalties, say attorneys at WilmerHale.

  • 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.

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