Public Policy

  • September 18, 2026

    Colo. Judge Mulls Sanction For Hospital In Gender Care Suit

    Transgender adolescent patients of Children's Hospital Colorado told a state judge the court must sanction the hospital for refusing to resume providing gender-affirming medical care for transgender youth patients, saying Friday that "nothing has changed" since the patients filed their January lawsuit.

  • September 18, 2026

    1st Circ. Backs Notice Requirement For 3rd-Country Removals

    The First Circuit on Friday largely rejected the Trump administration's challenge to limits on its so-called third country removal policy, leaving in place a lower court's order requiring deportees to be given advance notice and a meaningful opportunity to challenge a destination where they may face persecution or torture.

  • September 18, 2026

    Keeping Google Ad Tech Biz Intact 'Not A Close Call'

    The Justice Department Antitrust Division and Federal Trade Commission are now 0-3 in their efforts to break up major technology companies, and with monopolization trials still ahead against Amazon.com and Apple, observers say a Virginia federal judge's newly unsealed ruling underscores the legal and practical difficulties of those efforts.

  • September 18, 2026

    AI 'Brainrot' Fight Tests Copyright, TM Reach Of Viral Memes

    A bat-wielding wooden drum named Tung Tung Sahur is raising questions Mickey Mouse, Godzilla and James Bond never posed: Can a "brainrot" character created using artificial intelligence be protected by copyright, and can it later function as a trademark if it went viral before anyone used it as a brand?

  • September 18, 2026

    Newsom Convenes AI Safety Panel To Mull 'Kill Switch' Law

    California Gov. Gavin Newsom on Friday ordered the prompt creation of an artificial intelligence safety panel to hasten the implementation of various potential AI safety and security laws, including a proposed measure that would require companies to develop a "kill switch" for their AI models.

  • September 18, 2026

    DOJ Revises Policies Over False Claims Act Suits

    The U.S. Department of Justice issued revisions Friday to department policy governing False Claims Act lawsuits, emphasizing that agency guidance documents have limited effect and that the government should continually assess whether to seek dismissal of qui tam actions.

  • September 18, 2026

    7th Circ. Skeptical Of Bid To Block Ill. 'Captive Audience' Ban

    Two interest groups asking the Seventh Circuit to revive their challenge to an Illinois law banning captive audience meetings by employers faced pointed questions Friday about whether the law has injured them at all, with one judge saying their suit is based on a "series of ifs."

  • September 18, 2026

    9th Circ. Decertifies Class Of Ore. Transgender Prisoners

    The Ninth Circuit has reversed class certification for a group of transgender incarcerated people, finding that they had not shown that the Oregon Department of Corrections has systemically targeted trans women by housing them in male-only facilities.

  • September 18, 2026

    Employers See Moving Targets With H-1B Fee, And New Limits

    The Trump administration on Friday ordered federal agencies to scrutinize H-1B employers that have laid off U.S. workers, adding another layer of uncertainty for employers seeking to recruit highly skilled foreign workers.

  • September 18, 2026

    FTC Chair Defends Overlapping Antitrust Authorities

    Federal Trade Commission Chair Andrew Ferguson on Friday defended his agency's continuing role as an antitrust enforcer despite a U.S. Supreme Court decision that weakened the agency's independence and left it as beholden to the White House as its counterpart at the U.S. Department of Justice.

  • September 18, 2026

    9th Circ. Asks Wash. Justices About Indirect Employer Claims

    A Ninth Circuit panel has asked the Washington State Supreme Court to clarify whether the state's law permits common law wrongful firing claims against indirect employers and certain individuals, saying the answers are key to assessing a former solar company CFO's claim he was unjustly ousted by a private equity backer.

  • September 18, 2026

    Judge Questions Whether 'Lawfare' Fund Fight Is Really Moot

    A Virginia federal judge seemed unlikely to toss a challenge to the Trump administration's nixed "Anti-Weaponization Fund" and tax audit immunity for the Trump family Friday, saying she worries the fund could be revived in a different form down the road.

  • September 18, 2026

    Kalshi Loses Bid To Lift Wash. Event Contracts Ban

    Kalshi can't lift an injunction currently barring its operations in Washington, a King County Superior Court judge ruled, denying the prediction market's request to reconsider an August order blocking the company from offering most event contracts to state residents.

  • September 18, 2026

    4th Circ. Punts Decision On Forcing FCC Political Ad Ruling

    The Fourth Circuit deferred action Friday on a request from Democrats to force a Federal Communications Commission ruling on whether broadcasters have to charge the lowest broadcast ad rates for political committees tied to candidates.

  • September 18, 2026

    CIA Officers Urge 4th Circ. To Reject DEI Firings Rehearing

    Career intelligence officers fighting their terminations following the Trump administration's anti-DEI executive orders told the Fourth Circuit Thursday that there's no point in granting an en banc rehearing of a panel's order allowing them to internally appeal the firings, arguing the panel's ruling has limited application beyond their own case.

  • September 18, 2026

    Dems Seek Probe Of Suspect Comments On DOL Proposal

    A trio of Democratic lawmakers urged the federal government to open a probe into reports that a U.S. Department of Labor proposal to expand retirement plans' access to alternative investments was flooded with fake comments, asserting the allegations raise questions about whether the public comment process has been corrupted.

  • September 18, 2026

    USDA Disclosure Rule Could Snag Energy Project Deals

    Energy infrastructure projects could be subject to sweeping foreign ownership disclosure requirements under a proposed rule from the U.S. Department of Agriculture, injecting more uncertainty into acquisition, investment and development deals.

  • September 18, 2026

    Wayne State Beats Doctor's Race Bias Suit Over Chair Job

    A Michigan federal judge tossed a Black physician's discrimination and retaliation lawsuit against Wayne State University and several officials over his unsuccessful bid to become permanent chair of the medical school's obstetrics and gynecology department, finding that he never formally applied for the job.

  • September 18, 2026

    US Asks Fed. Circ. To Reverse COVID-Era Tax Deadline Ruling

    The government asked the Federal Circuit to overturn a U.S. Court of Federal Claims decision allowing a taxpayer to recover penalties and interest he sought refunds for during the COVID-19 pandemic, saying the claims court wrongly interpreted a statutory 60-day extension as having lasted over three and a half years.

  • September 18, 2026

    CFTC Sends Crypto Rules To White House After Bill Stalls

    The U.S. Commodity Futures Trading Commission sent a crypto rule proposal to the White House for review, pushing forward with plans to craft a regulatory framework for digital assets after a landmark bill failed to advance in the U.S. Senate.

  • September 18, 2026

    Patent Atty Can't Stop His USPTO Discipline Case

    An Ohio federal court rejected a patent attorney's suit looking to stop U.S. Patent and Trademark Office disciplinary proceedings against him, saying Friday that he misread a "plain, unambiguous and easily understood" statute in making his failed constitutional challenge.

  • September 18, 2026

    NC Judge Exempts Data Center Developer From 1-Year Ban

    A state judge rejected a one-year moratorium on new data center projects that officials in Chatham County, North Carolina, enacted in February after a developer pitched a 750-megawatt project serving cryptocurrency mining operations, spending $11 million on the plan.

  • September 18, 2026

    DOI Says No Irreparable Harm In Casino Gaming Status Case

    A lawyer for the U.S. Department of the Interior told a D.C. federal judge on Friday that the Scotts Valley Band of Pomo Indians was warned several times not to rely on a 2025 gaming eligibility determination that the agency was reconsidering, but the band nevertheless went forward with opening a limited casino operation on the property.

  • September 18, 2026

    OpenAI Can't See SpaceXAI, Apple Antitrust Settlement Terms

    OpenAI cannot access a confidential settlement between Elon Musk's SpaceXAI and Apple Inc. over SpaceXAI's antitrust lawsuit challenging Apple's integration of OpenAI's ChatGPT into its devices, a Texas federal court has ruled, finding the settlement isn't relevant to the case against OpenAI.

  • September 18, 2026

    RI Judge Pulls Plug On EPA's $7B Solar Program Termination

    A Rhode Island federal judge on Friday vacated the Trump administration's decision to cancel a $7 billion solar program for low-income households, ruling that the U.S. Environmental Protection Agency lacked authority to terminate grant funding previously awarded.

Expert Analysis

  • 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.

  • Md. Ruling Reflects Classic Administrative Law Principle

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    A Maryland federal court's recent decision in Columbus v. Kennedy significantly limits how far the Centers for Medicare & Medicaid Services can go in reshaping the Affordable Care Act through regulation, highlighting a principle that will likely be applied in similar Administrative Procedure Act challenges, says Michael King at Brownstein Hyatt.

  • DOJ China Container Indictments Signal Global Cartel Risk

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    The U.S. Department of Justice's recent announcement that it had indicted Chinese manufacturers for conspiring to drive up the price of shipping containers sold in the U.S. illustrates the Antitrust Division's interest in pursuing overseas cartel conduct, especially in China, signaling that multinational companies with employees abroad should strengthen antitrust compliance to avoid running afoul of U.S. national security policy, say attorneys at Squire Patton.

  • More Cos. Will Copy SpaceX's Shareholder Proposal Opt-Out

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    For more than 80 years, the shareholder proposal looked like a federal right guaranteed to all public company investors, but after SpaceX opted out before its recent initial public offering, other companies are likely to follow, says Mohsen Manesh at the University of Oregon School of Law.

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