Public Policy

  • September 21, 2026

    IRS Asks 5th Circ. To Pause Microcaptive Rules Case

    The IRS asked the Fifth Circuit to stay briefing in a global tax services provider's bid to revive its challenge to the agency's reporting rules for microcaptive insurance companies pending the resolution of a related case before the appeals court.

  • September 21, 2026

    Minn. AG Says X Lacks Standing To Challenge Deepfake Law

    Minnesota Attorney General Keith Ellison has urged a federal judge to dismiss X Corp.'s amended challenge to the state's election deepfake law, arguing Elon Musk's social media company still has not shown it faced a credible threat of prosecution.

  • September 21, 2026

    Malaysia, Indonesia Dumping Fatty Acids, Commerce Finds

    The U.S. Department of Commerce found that certain fatty acids imported from Malaysia and Indonesia have been sold at less than fair value, according to notices published Monday. 

  • September 21, 2026

    States Settle Challenge Of Paramount's Warner Bros. Deal

    State enforcers suing to block Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery reached a settlement on Monday to end the case with a package of concessions.

  • September 21, 2026

    Feds Want Calif. Tribe's Wild Horse Consultation Claims Nixed

    The government is asking a federal court to toss claims of executive order violations in a California tribe's lawsuit over the removal of wild horses from a 200,000-acre protected habitat, arguing the complaint failed to identify a treaty, statute or regulation establishing a specific trust duty.

  • September 21, 2026

    Chinese Brake Drums Developed To Dodge Duties, US Says

    A type of brake drum imported from China was developed in order to wrongfully evade duty orders on such products from the country, the U.S. Department of Commerce preliminarily determined Monday.

  • September 21, 2026

    Cambodian Clothes Hangers Dodging China, Vietnam Duties

    Steel wire hangers completed in Cambodia using components from China and Vietnam and then exported to the U.S. are evading duties on the products from those two countries, the U.S. Department of Commerce found Monday.

  • September 18, 2026

    Maurene Comey Says DOJ's Firing Justification Is Off Base

    Former Assistant U.S. Attorney Maurene Comey on Friday urged a Manhattan federal judge to find the Trump administration unlawfully fired her due to its dislike of her father, former FBI director James Comey, saying there's no support for the claim that an AUSA can be terminated without cause.

  • September 18, 2026

    Facebook's Notes System Better Handles Misinfo, Exec Says

    Meta's chief product officer told a New Mexico jury Friday that Facebook's switch from fact-checkers to crowdsourced notes helped combat misinformation, but he was also grilled about a Mark Zuckerberg email that supposedly envisioned "tricking" users into public posting.

  • September 18, 2026

    Judge Nixes USDA's SNAP Deadline, Immigrant Benefit Rules

    An Oregon federal judge sided with a coalition of 21 states and the District of Columbia that challenged the Trump administration's restrictions to the federal Supplemental Nutrition Assistance Program, ruling Thursday that the U.S. Department of Agriculture's guidance barring certain noncitizen immigrants from SNAP benefits was unlawful.

  • September 18, 2026

    UPMC, NYU Will End Gender-Affirming Trans Care For Minors

    New York University Langone Hospital and University of Pittsburgh Medical Center will pay $8.5 million and $950,000 respectively and will stop providing gender-affirming care to children, the Justice Department said Friday, closing another chapter in the Trump administration's use of the False Claims Act to target healthcare for trans minors. 

  • September 18, 2026

    3rd Circ. Says SBA Can Deny Excess PPP Loan Forgiveness

    A New Jersey car dealership that exceeded the federal limit on Paycheck Protection Program loans early in the COVID-19 pandemic is not entitled to partial loan forgiveness, the Third Circuit ruled Friday, holding that the Small Business Administration acted within its authority when it denied the company's relief bid.

  • September 18, 2026

    Fed 'Risk Aversion' Contributed To SVB's Failure, Report Says

    A "culture of risk aversion" and diffusion of decision-making among Federal Reserve supervisory staff, not deregulation or social media chatter, contributed to the 2023 collapse of Silicon Valley Bank, according to initial findings from a new post-mortem review.

  • September 18, 2026

    NJ Seeks Quick Win On TikTok's Money Transfers

    New Jersey's attorney general urged a state court Friday to find TikTok liable for operating an unlicensed money transmission business via its livestreaming service, arguing the platform receives users' money, converts it into virtual currency and ultimately pays creators in cash.

  • September 18, 2026

    Feds Must Face Suit Over Boy's Golden Gate Park Fall

    The family of a boy who fell into a maintenance hole after stepping onto an unsecured steel plate at a San Francisco-area national park can proceed with their core claim that the government committed willful misconduct, with a federal court ruling Friday a jury could find park services knew about the danger for years.

  • September 18, 2026

    Fugitive Ex-Conn. Official Sues To Keep His Pension Flowing

    Former Connecticut budget official Konstantinos Diamantis sued the state attorney general and comptroller Friday in federal court to keep his government pension payments flowing despite fleeing the U.S. ahead of a court hearing that could have ended with a decade-long prison sentence on corruption charges.

  • 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.

Expert Analysis

  • 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.

  • What's Inside Proposed, Expanded NY Stablecoin Regulations

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    New York's recently proposed regulations for payment stablecoin issuers would, if adopted, increase the regulatory burdens of a state license, and midsize issuers considering a conversion to a federal charter should weigh the associated costs of both options, say attorneys at Lowenstein Sandler.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

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