Public Policy

  • August 24, 2026

    USPTO Anonymous Reexam Proposal Spurs Concern, Praise

    A U.S. Patent and Trademark Office proposal to effectively end the ability to be completely anonymous when requesting patent reexaminations drew numerous concerns from industry and attorney groups, as well as supportive remarks from patent owners and calls for the office to go further.

  • August 24, 2026

    Mich. Judicial Council Seeks Input On Long-Term Courts Strategy

    The Michigan Judicial Council heard input on its six-point strategic plan to improve the courts system Monday during a Zoom public forum.

  • August 24, 2026

    Feds Scrap Biden-Era Policy On Credit-Access Programs

    The Trump administration is withdrawing Biden-era guidance that encouraged banks and other lenders to offer specialized programs to boost credit access for underserved borrowers, according to a new Federal Register notice. 

  • August 24, 2026

    Consumer Groups Urge DOT To Keep Airline Full-Fare Ad Rule

    Consumer advocates have asked the U.S. Department of Transportation to reconsider its plans to upend decades-old requirements that airlines display the total airfare more prominently than other components like taxes and fees, saying the Trump administration is effectively endorsing "drip pricing."

  • August 24, 2026

    Feds Seek Circuit Court Reversals In Sanctuary Policy Battle

    The Trump administration has asked separate federal circuit courts to review lower court decisions rejecting its challenges to various state and local sanctuary immigration policies, arguing to the Tenth Circuit that such policies from Colorado and Denver affirmatively obstruct federal immigration enforcement.

  • August 24, 2026

    AT&T, Duke Energy To Arbitrate Pole Rate Dispute

    AT&T and Duke Energy are headed for arbitration in the hopes of settling their dispute over the rates the power company charges the telecom behemoth for pole attachments, the Federal Communications Commission has said.

  • August 24, 2026

    Calif. Takes Trump Admin Pipeline Fight To 9th Circ.

    California has asked the Ninth Circuit to review a district court's rejection of its bid to block the Trump administration's reopening of a controversial coastal oil pipeline, which a judge said was a valid use of federal emergency authority under the Defense Production Act.

  • August 24, 2026

    Aviation Cos. Urge FCC To Pull Ligado Network Order

    The FCC ought to revoke its controversial 2020 order giving Ligado Networks permission to build a mobile satellite network because the company won't be able to build it in a way that meets the "stringent conditions" the agency gave it, a coalition of groups and companies tells the agency.

  • August 24, 2026

    White Nationalist Group Says Probes Violate Free Speech

    A white nationalist association and other related parties have claimed that federal, state and local authorities are violating their constitutional free speech rights by conducting unfair investigations into the group's "whites-only" community in the state.

  • August 24, 2026

    Merck Loses HHS Suit Over Medicare Drug Price Program

    A D.C. federal judge shot down Merck's challenge to the Inflation Reduction Act's Drug Price Negotiation Program on Monday, ruling that the pharmaceutical giant's voluntary participation in connected Medicare and Medicaid programs meant that its inclusion in the negotiation program doesn't constitute an unconstitutional taking.

  • August 24, 2026

    'History And Tradition' Allow For Religious Emails, USDA Says

    The U.S. Department of Agriculture urged a California federal court to toss a suit by federal workers and their labor union accusing the agency's secretary of sending "proselytizing" religious emails to employees, arguing the messages align with the "history and tradition" of public officials making references to religion.

  • August 24, 2026

    DHS Must Face Bias Suit Over Candidate's Ayahuasca Use

    The U.S. Department of Homeland Security can't escape a lawsuit alleging it unlawfully nixed an applicant's job offer because her religious practice includes consuming the psychoactive tea ayahuasca, a Florida federal judge ruled Friday, rejecting the agency's assertion that the court can't review its hiring decisions on national security grounds.

  • August 24, 2026

    DOJ Backs Biotech Co. Against Red Cross At 1st Circ.

    The U.S. Department of Justice is continuing to back a biotech company that accuses the American Red Cross of blocking competition for blood platelet testing, telling the First Circuit the nonprofit is not part of the government and is not immune from the antitrust claims.

  • August 24, 2026

    Colo. Judge Certifies Class In Hospital Gender Care Suit

    A Colorado state judge granted class certification in transgender adolescents' lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming medical care for them and other transgender youth patients.

  • August 24, 2026

    FCC's Trusty Sees Need For Fresh Look At Universal Service

    Since taking a seat on the Federal Communications Commission more than a year ago, Olivia Trusty says her travels around some of the most rural parts of the country have convinced her of a need to bring the FCC's universal service programs up to date.

  • August 24, 2026

    Fed. Circ. Agrees To Speed Up Args In COVID Vax Patent Case

    The Federal Circuit on Monday agreed to accelerate the schedule in a COVID-19 vaccine patent dispute between Moderna and Arbutus Biopharma Corp. by holding arguments in November.

  • August 24, 2026

    Judge Says ICE Skirted Review In CAT Removal Reversal

    A Maryland federal judge ordered the Trump administration to facilitate the return of a Mexican national who testified against drug cartel members, saying the government violated his due process rights by revoking his removal protection after trying to deport him unsuccessfully twice prior.

  • August 24, 2026

    9th Circ. Sends Juneau Trust Fight Back After DOI Reversal

    A Ninth Circuit panel on Monday remanded a dispute over a 787-square-foot parcel in downtown Juneau after the U.S. Department of the Interior changed its position on the land-into-trust decision for an Alaskan tribal government.

  • August 24, 2026

    Social Media Giants Denied Pause Of Calif. Kids Algorithm Law

    A California federal judge on Friday again refused to block the Golden State law that bars social media companies from using algorithmic feeds to deliver content to children without parents' consent, telling Meta, Google and TikTok that predictive algorithms that show "interesting" content aren't protected free speech.

  • August 24, 2026

    NCUA No Longer Leaderless As Crews Sworn In, Named Chair

    The National Credit Union Administration said Monday that President Donald Trump's pick to lead the federal credit union regulator has now formally taken office, ending its brief leaderless stretch without any sitting chairman or board members at its helm.

  • August 24, 2026

    High Court Lifts Block On Mail-In Ballot Changes

    The Trump administration can proceed with plans to implement some new nationwide mail-in voting regulations ahead of this year's midterm elections, the U.S. Supreme Court ruled Monday, but questions remain about the enforceability of proposed U.S. Postal Service restrictions.

  • August 24, 2026

    11th Circ. Says Sudden Snatching Is A Deportable Crime

    The Eleventh Circuit has denied a Trinidad and Tobago native's petition to review a decision deeming him removable for his conviction for robbery by sudden snatching, saying the crime is indeed a deportable offense.

  • August 24, 2026

    Trump Threatens 50% Tariffs On Canadian Vehicles, Steel

    President Donald Trump on Monday escalated his trade war against Canada, saying he would implement 50% tariffs on vehicles and steel from the country in January, after a 50% levy took effect over the weekend on other goods imported from Canada.

  • August 24, 2026

    Transit Stabbing Victim's Estate Sues North Carolina City

    The estate of a 23-year-old Ukrainian refugee who was fatally stabbed last year on a light rail train car in Charlotte, North Carolina, has filed a wrongful death suit in state court, alleging the city and its private security contractor failed to put reasonable safety measures in place.

  • August 24, 2026

    Slovakia's PM Aims To Abolish Financial Transaction Tax

    Slovakian Prime Minister Robert Fico has asked his cabinet to prepare legislation to repeal the country's atypical financial transaction tax, which has faced "massive criticism" since its introduction, he said Monday on social media.

Expert Analysis

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • 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.

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