Public Policy

  • October 07, 2026

    RI Says Changed Law Moots Challenges To Pot Program

    It's time to bring to an end three lawsuits that challenged Rhode Island's social equity and adult-use cannabis licensing program, the state has told a federal court, arguing that the litigation is moot now that the Legislature has changed the challenged provisions.

  • October 07, 2026

    Local Banks Want In On Plan To Use Banks To Stop Robocalls

    Community banks want to make sure they qualify to issue letters of credit to voice providers if the Federal Communications Commission decides to go through with rules that would require companies to show they have financial backing in the hopes of staunching the onslaught of robocalls.

  • October 07, 2026

    FCC Eyes Spectrum Sale To Boost 5G, Satellite D2D

    The Federal Communications Commission's staff has teed up a proposal that would pave the way for a new auction of 25 megahertz worth of spectrum that could be used for advanced Earth-based wireless service and satellite connectivity to smart devices.

  • October 07, 2026

    PhRMA Sues To Block Medicare Foreign Drug Price Rule

    The pharmaceutical industry's top lobbying group asked a D.C. federal judge Wednesday to block a new Medicare rule tying Part B drug payments to prices abroad, claiming that the U.S. Department of Health and Human Services is imposing a "most-favored-nation" price control that Congress has repeatedly declined to enact.

  • 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.

Expert Analysis

  • What To Know As DOJ Antitrust Biz Review Letters Return

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    The revival of the U.S. Department of Justice Antitrust Division's business letter review program reflects a trend of engagement with the business community, but the program's value will depend on the government's response speed, depth of analysis and ability to provide meaningful practical guidance, say attorneys at MoFo.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • How Data Broker Laws Are Reaching Consumer-Facing Cos.

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    As states, most recently New Jersey, expand the scope of data broker laws to cover some customer data sharing, consumer-facing companies should reassess advertising, vendor and partner arrangements to determine whether they trigger registration, contracting and governance obligations, says Sam Castic at Hintze Law.

  • How Axing SEC Trade-Through Rule Could Reshape Markets

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    The proposed elimination of a Securities and Exchange Commission rule that mandates a price benchmark for equity securities trades could allow blockchain-based trades to compete with legacy frameworks in registered markets, potentially serving as a test case for updated regulatory models, say Alex Zozos at Superstate, and Lewis Rinaudo Cohen and Edward Leaf at Cahill Gordon.

  • What Regulatory 'Reputation Risk' Purge Means For Banks

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    Banks should expect closer scrutiny of account closures and service denials after federal regulators recently stripped "reputation risk" from supervisory guidance, and should tie customer decisions to documented, objective legal and financial criteria to protect against debanking-related enforcement, say attorneys at Troutman.

  • 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.

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