Public Policy

  • October 07, 2026

    1st Circ. Seems Torn On DOJ Bid For Trans Care Records

    The First Circuit on Wednesday appeared divided over whether the Trump administration may access a wide array of documents related to gender-affirming care at Boston Children's Hospital, with judges asking pointed questions of lawyers on both sides.

  • October 07, 2026

    4th Circ. Says FCC Defied Congress Through Political Ad Rule

    A split Fourth Circuit panel Wednesday granted a request from Democratic candidates to force the Federal Communications Commission to issue a ruling on whether broadcasters may only charge the lowest possible rate for ads purchased by political committees attached to candidates.

  • October 07, 2026

    1st Circ. Presses NEA On 'Gender Ideology' Grant Criteria

    A First Circuit panel had sharp questions for the federal government Wednesday about its decision to disfavor National Endowment for the Arts grant applicants who "promote gender ideology," with one judge saying the arts program is supposed to be insulated from politics.

  • October 07, 2026

    DHS Eyes Up To $100K Foreign Student Work Program Fee

    The U.S. Department of Homeland Security proposed a rule Wednesday that would impose a $70,000 fee for foreign students to work in their fields, and another $30,000 tacked on for students in science, technology, engineering and mathematics fields.

  • October 07, 2026

    DOT Unveils Plan To Modernize Space Launch Licensing

    U.S. Transportation Secretary Sean P. Duffy has announced that the Federal Aviation Administration is proposing five new rules to streamline and modernize the commercial space launch and reentry regulations.

  • October 07, 2026

    States Say DHS Is Tying Grants To Immigration Agenda, Again

    A coalition of 20 states and the District of Columbia told a Rhode Island federal court Wednesday that the Trump administration is still unlawfully tying certain grant funding to their assistance with immigration enforcement efforts, in violation of the court's permanent injunction rulings.

  • October 07, 2026

    8th Circ. Upholds $35,000 Costs Award In DAPL Protest Case

    An Eighth Circuit panel has upheld a lower court's award of more than $35,000 in costs to Morton County, North Dakota, and its officials in a challenge by an environmentalist who was severely injured by law enforcement during a protest over the Dakota Access pipeline.

  • October 07, 2026

    1st Circ. Skeptical Of Legal Basis For IRS-ICE Data Sharing

    The First Circuit repeatedly suggested during a hearing Wednesday that the Trump administration's use of a privacy exception in the tax code for criminal investigations to justify demanding tax records of noncitizens could allow it to target nearly anyone's private returns.

  • October 07, 2026

    DOJ Urges Judge To Lift Block On Birthright Citizenship Order

    The Trump administration is urging a Maryland federal judge to dissolve her injunction blocking its latest executive order aiming to limit birthright citizenship, claiming that new agency guidance confirming that the policy only applies to children born after it takes effect leaves the families who originally sued without standing.

  • October 07, 2026

    Tenn. Judge Tosses Developer's Data Centers Moratorium Suit

    A Tennessee federal judge has tossed a data center developer's challenge to a moratorium on data centers without prejudice, ruling in part that the suit is inconsistent when it comes to the type of property interest that the developer is asserting with its allegations.

  • October 07, 2026

    Colo. Legislative Aide Says He Was Fired For Pay Complaints

    A Colorado state representative fired a senior legislative aide after he objected to doing campaign work on taxpayer-funded time and complained that she failed to fairly pay him for hundreds of hours of campaign work, according to a suit filed in Colorado state court.

  • October 07, 2026

    Family Tells 5th Circ. Penske Can't Evade Crash Liability

    The family of a man killed in a Texas collision said a Fifth Circuit panel faithfully followed federal law when it revived its lawsuit alleging freight broker and trucking giant Penske is vicariously liable for the 2018 accident, and en banc review before the full court is unwarranted.

  • October 07, 2026

    Don't Let Post-Merger Iridium Disrupt Astronomy, FCC Told

    Astronomers have warned the Federal Communications Commission that aerospace company Rocket Lab USA Inc. must fulfill its obligations to avoid harmful interference if the agency approves the license transfer needed for its proposed $8 billion purchase of satellite operator Iridium Communications.

  • October 07, 2026

    Mich. Tribal Officials Detail Missing Persons Plan At Summit

    Officials from the Bay Mills Indian Community outlined how they plan to respond to cases of missing and murdered Indigenous people at a summit in Michigan on Wednesday, explaining how the tribe will coordinate law enforcement, victim services and community resources and sharing lessons learned from previous missing persons cases. 

  • October 07, 2026

    Copyright Office Probes AI's Role In Streaming Fraud

    The U.S. Copyright Office is examining whether music-streaming fraud and artificial intelligence-generated music are affecting royalty payments and licensing systems as part of a broader inquiry requested by Congress.

  • October 07, 2026

    Mich. Judge Rejects Due Process Claims In Visa Records Suit

    A Michigan federal judge on Wednesday trimmed the due process claims from students challenging the sudden termination of their immigration records, finding the students abandoned the claims and that courts have found no constitutional protection for a visa status.

  • October 07, 2026

    Only Animus Claims Viable In Yemen TPS Suits, Judge Says

    A New York federal court has dismissed the thrust of two lawsuits challenging the Trump administration's revocation of Yemen's temporary protected status designation, though it still allowed the plaintiffs to pursue their intentional discrimination claims.

  • October 07, 2026

    FCC Proposes $10M In Fines For Alleged Lifeline Fraud

    The Federal Communications Commission has proposed more than $10 million in fines against two providers for allegedly defrauding the agency's Lifeline program, which provides discounts on phone and internet services to qualifying low-income Americans.

  • October 07, 2026

    USTR Probes EU Carbon Tax's Impact On US Trade

    The U.S. is considering whether the European Union's carbon import tax and proposals to expand its scope harm American producers, the U.S. Trade Representative's Office said.

  • October 07, 2026

    Justices' Docs Should Belong To Public, Gov't Watchdogs Say

    Nearly two dozen government accountability groups are calling for Congress to enact a law that would make U.S. Supreme Court justices' papers government property that would someday be available to the public.

  • October 07, 2026

    Interior Plan Targets Indian Affairs Records For Disposal

    The U.S. Department of the Interior is seeking tribal input on proposed changes to the Indian Affairs record schedule that, if approved, will make documents eligible for destruction after certain time periods, depending on category.

  • October 07, 2026

    Commerce Orders Duties On Indian Paprika Oil Extract

    The U.S. Department of Commerce issued antidumping and countervailing duty orders Wednesday on imports of a paprika-derived coloring additive from India after finding the goods were being sold at unfair prices.

  • October 07, 2026

    EEOC Set To Revoke Guidance On Workers' Criminal History

    The U.S. Equal Employment Opportunity Commission is poised to roll back guidance on the use of workers' arrest and conviction records in employment decisions, now that the proposed rescission has been sent to the White House for review.

  • October 07, 2026

    NC Panel Nixes Challenge To Confederate Memorial's Removal

    A nonprofit honoring Confederate soldiers has no standing to challenge the relocation of a Confederate monument to a local courthouse, a North Carolina Court of Appeals panel ruled Wednesday in affirming dismissal of the group's lawsuit.

  • October 07, 2026

    Prosthetic Breast Merchant Admits To $1.3M Insurance Fraud

    A former business owner in Connecticut pled guilty to running a $1.3 million insurance scam that targeted Medicaid and private companies by submitting fraudulent claims for custom breast prostheses that customers never ordered or received, federal court records show.

Expert Analysis

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • HSR Deals Proceed More Steadily Than Narratives Suggest

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    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

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    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

  • Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

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    Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

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