Public Policy

  • September 03, 2026

    Pilot Plane Forfeiture Over 6-Pack Is Excessive, Justices Told

    An 83-year-old bush pilot has told the U.S. Supreme Court that Alaska flouted precedent and applied a grossly disproportionate standard by saddling him with the "ills of alcohol abuse statewide" in trying to forfeit his $95,000 plane for transporting a six-pack of beer to a dry village.

  • September 03, 2026

    GAO Says DHS Is Unlikely To Save $10.5B From Contract Cuts

    The U.S. Government Accountability Office said Thursday that the U.S. Department of Homeland Security is unlikely to realize $10.5 billion in projected savings after terminating 438 contracts because the agency can obtain many of the same services through existing contracts. 

  • September 03, 2026

    OCC Gives Initial Nods To Digital Banks Revolut, OpenReserve

    The Office of the Comptroller of the Currency preliminarily approved charter applications from European digital bank Revolut and blockchain-based bank OpenReserve to establish national banks in the United States.

  • September 03, 2026

    Judge Decries 'Gamesmanship' In Nixing EPA Waiver Moves

    A federal judge has struck an initial blow against the Trump administration and congressional Republicans' aggressive use of the Congressional Review Act to block the U.S. Environmental Protection Agency's move to make Clean Air Act waivers for California subject to potential rescission by lawmakers.

  • September 03, 2026

    Alaska's Izembek Road Work OK'd Despite Axed Land Swap

    A federal judge has slapped down an environmental group's bid to preliminarily stop the state of Alaska and a Native village corporation from beginning construction on 2.8 miles of road adjacent to the Izembek National Wildlife Refuge.

  • September 03, 2026

    FCC Denies Retaliatory Pretext In ABC License Renewal Probe

    The Federal Communications Commission urged a D.C. federal court Thursday to toss ABC's suit over the agency's early review of eight station licenses, denying that a discrimination probe of network parent Disney was a pretext for retaliating against ABC.

  • September 03, 2026

    Ky. AG Sues NY Abortion Rights Org. Over Gas Station Ads

    A New York-based abortion advocacy nonprofit is violating Kentucky's consumer protection laws by illegally advertising mail-order abortion pills at gas stations throughout the state and flying ads over the state fair, the state's attorney general claimed in a lawsuit Thursday. 

  • September 03, 2026

    BIA Scraps Precedent Limiting In Absentia Removal Orders

    The full Board of Immigration Appeals said Thursday that immigration officials can rely on the most recent address on file when mailing removal notices, overruling 25-year-old precedent limiting in absentia orders for noncitizens who did not receive a mailed notice.

  • September 03, 2026

    FCC Told It Can't Preempt Local Utilities On Pole Attachments

    A municipally owned electric company from Kentucky wants the FCC to clarify that it doesn't plan to step on its toes or the toes of any other government-owned utilities as the agency seeks to pass rules that would allow it to preempt wireline decisions if localities are moving too slowly.

  • September 03, 2026

    Ga. Deputy Beats Taser Death Claims, Another Still Faces Suit

    A Georgia federal judge partly reconsidered his trimming of a lawsuit over two Burke County deputies' repeated tasing of a man who died after threatening violence, finding that a seizure occurred when one deputy tried to push him into a car, but declined to revive illegal seizure claims.

  • September 03, 2026

    HHS OIG Report Targets $380M In Medicare Organ Payments

    A report released by the inspector general for the U.S. Department of Health and Human Services on Thursday estimated Medicare needlessly reimbursed roughly $380 million for organs that weren't used in Medicare-covered transplants, finding a "conflict" between federal statute and agency guidance on reimbursement practices.

  • September 03, 2026

    Fla. Panel Revives State's Indemnity Suit In Diving Injury Case

    A Florida appellate court revived an agency's lawsuit seeking indemnification from Miami Beach in a decades-old complaint brought by a man who became a quadriplegic from a diving injury, ruling the judgment in favor of the city was premature because the underlying case hasn't concluded.

  • September 03, 2026

    Leon Black Says 'Intrusive' Epstein Subpoenas Are Invalid

    Rather than appear for a deposition about his connection to child sex offender Jeffrey Epstein, Apollo Global Management co-founder Leon Black sued the House Committee on Oversight and Government Reform and its chairman in Washington, D.C., federal court Thursday, saying subpoenas seeking private nondisclosure agreements exceed the committee's authority.

  • September 03, 2026

    Mass. Justices Say Town Can Take Northeastern U. Property

    Massachusetts' top appellate court on Thursday granted a tiny Bay State town a win in an ongoing land battle with Northeastern University, finding that the community was within its rights to use eminent domain to take property the school had hoped to use to expand a research center.

  • September 03, 2026

    EPA Appeals Order To Determine Soot Standard Compliance

    The U.S. Environmental Protection Agency said it's appealing a California federal judge's decision ordering it to designate what parts of the country are meeting or not meeting new air quality standards for fine particulate matter by early February.

  • September 03, 2026

    Cities, Groups Ask Judge To Keep $3B EPA Grant Funding Alive

    Cities and groups challenging the Environmental Protection Agency's cancellation of nearly $3 billion in environmental climate justice grants asked a South Carolina federal judge, who ruled the termination unlawful, on Wednesday to preserve the funding while the agency appeals the decision.

  • September 03, 2026

    CFTC Says CME Perps Fight Is 'Much Ado About Nothing'

    The U.S. Commodity Futures Trading Commission told a D.C. federal judge that the Chicago Mercantile Exchange's suit over the agency's approval of Kalshi's bitcoin perpetual futures contract is "much ado about nothing" since the derivatives exchange is free to list its own version of the product.

  • September 03, 2026

    Kavanaugh Stays Out Of Mich. Voter ID Referendum Row

    U.S. Supreme Court Justice Brett Kavanaugh declined Thursday to wade into a dispute over Michigan election officials' refusal to put on ballots this November a proposed amendment to the state's constitution that would require voters to show proof of U.S. citizenship to participate in state and local elections.

  • September 03, 2026

    8 Patent Reviews Instituted By Squires, Only 1 Denied

    In his latest round of decisions, U.S. Patent and Trademark Office Director John Squires instituted eight patent reviews Wednesday and rejected only one challenge.

  • September 03, 2026

    Connecticut Has 'No Ability' To Regulate ICE, Judge Told

    The state of Connecticut cannot impose its own masking, identification or use-of-force standards on federal officers like U.S. Immigration and Customs Enforcement agents, the U.S. Department of Justice told a federal judge Thursday in seeking to kneecap a new state law.

  • September 03, 2026

    Judge Tosses NY License Rule Over Pot Shop Proximity

    New York cannabis regulators cannot decide at the eleventh hour whether they will grant waivers permitting certain kinds of dispensary applicants to open within 1,000 feet of a rival, a state court has ruled after finding that officials arbitrarily denied an entrepreneur's request to open a Niagara Falls shop near a competitor.

  • September 03, 2026

    Ga. School District Wants Early Win In Nixed Job Offer Suit

    A Georgia school district asked a federal judge to grant it an early win in a high school Spanish teacher candidate's lawsuit alleging her job offer was rescinded after school officials discovered online comments alleging the administration of former President Joe Biden unfairly targeted her spouse's firearm business.

  • September 03, 2026

    Mich. Court Keeps Ann Arbor Public Power Measure On Ballot

    A Michigan appellate panel has kept a proposal to create a municipal electric utility in Ann Arbor on the November ballot, ruling that the city clerk was not clearly required to reject supplemental petition signatures submitted after the proposal's initial filing. 

  • September 03, 2026

    Pa. Opens Home Care Wage Probes Covering 100K Workers

    Pennsylvania is planning to step up enforcement of wage laws for home care employees, the state's labor secretary has announced, saying these workers are particularly vulnerable to wage theft.

  • September 03, 2026

    Ga. City, Ex-Court Admin To Mediate Retaliation Dispute

    A federal judge has stayed a former court administrator's suit alleging the city of East Point, Georgia, fired her for complaining about a city council member's attempt to have a relative's court fine withdrawn, saying the parties intend to mediate.

Expert Analysis

  • Student Loan Revamp Leaves Bankruptcy Untouched

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    Recent changes to the Graduate PLUS student loan program may moderate borrowing and simplify repayment, but they may also shift financial distress into a bankruptcy system whose treatment of educational debt remains largely unchanged, say Jaclynn McDonnell at Stevens & Lee.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

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    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

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