Public Policy

  • October 14, 2026

    Kushner Is Unlawfully Serving As Envoy, Watchdog Says

    Jared Kushner is unlawfully wielding power on behalf of the United States government, an ethics watchdog alleged Wednesday, asking a Washington, D.C., federal judge to block the president's son-in-law from acting as a top diplomat without disclosing his personal finances and potential conflicts of interest.

  • October 14, 2026

    State Dept. Ordered To Open 2027 Diversity Visa Program

    A California federal judge ordered U.S. Secretary of State Marco Rubio on Wednesday to swiftly open up registration for the 2027 diversity visa program and to make a public announcement of the registration period "no later than midnight" Thursday.

  • October 14, 2026

    Ex-Oakland Mayor Thao Put 'Power Up For Sale,' Jury Told

    Prosecutors told a California federal jury during trial openings Wednesday that Oakland's then-mayor Sheng Thao put "power up for sale" when she and her boyfriend accepted bribes in exchange for potential city contracts to build prefab "tiny homes" for the unhoused.

  • October 14, 2026

    NC Health Plan Can't Block Atrium's Cost-Sharing Program

    Atrium Health can move forward with a program to offer lower healthcare costs to members of North Carolina's state health plan, a state court judge ruled, handing a loss to the state treasurer in his lawsuit claiming Atrium's program will ultimately saddle the plan with more debt.

  • October 14, 2026

    High Court Won't Pause Mich. Activist Pretrial Jail Order

    The U.S. Supreme Court has rejected a bid by a self-described "antifa" member to halt a Sixth Circuit order sending him back to jail pending charges that he cyberstalked and threatened a social media supporter of U.S. Immigration and Customs Enforcement.

  • October 14, 2026

    Judge Probes Public Disclosure Bar In Fluor FCA Lawsuit

    A D.C. federal judge said Wednesday that a whistleblower's qui tam False Claims Act lawsuit accusing defense logistics contractor Fluor of labor trafficking could ultimately fall under the statute's public disclosure bar, given that "a bunch of stuff" had been floating around on the company prior to his complaint.

  • October 14, 2026

    DC Circ. Not Fan Of EPA's Citation Habits In Methane Appeal

    The D.C. Circuit didn't seem too sure Wednesday morning whether the U.S. Environmental Protection Agency had behaved how it ought to have when extending compliance deadlines for initiating requirements to reduce methane pollution from the oil and gas sector.

  • October 14, 2026

    Conn. Committee Backs Monitored Return For Convicted Atty

    A former Connecticut attorney who pled guilty to moving money during a client's $3 million securities scheme can be readmitted to the bar subject to monitoring, insurance and mentorship conditions, a local ethics committee has recommended, though a three-judge panel will now decide whether to accept or reject that guidance.

  • October 14, 2026

    3rd Circ. Backs Pa. Regulator In Pipeline Approval Fight

    The Third Circuit on Wednesday affirmed a Pennsylvania regulator's approval of a Transcontinental Gas Pipe Line Co. project, ruling there was no evidence the water quality information pushed by environmental groups would have altered the outcome of the application.

  • October 14, 2026

    US Backs Alaska In High Court Fight Over Plane Forfeiture

    The federal government has told the U.S. Supreme Court that Alaska is well within its right to confiscate "instrumentalities of crime" and the state's attempted forfeiture of an 83-year-old bush pilot's $95,000 plane for transporting a six-pack of beer to a dry village wasn't excessive.

  • October 14, 2026

    GAO Says ICE, CBP Should Improve Body Camera Programs

    The U.S. Government Accountability Office issued a report recommending that immigration enforcement agencies improve their body-worn camera policies, noting the U.S. Department of Homeland Security concurred with all of its recommendations, except over automated camera activation controls.

  • October 14, 2026

    Delay In 39% Audience Cap Lift Not Needed, Broadcasters Say

    The broadcast lobby urged the Federal Communications Commission to reject a bid from several cable industry groups to pause the agency's repeal of the 39% national audience share limit on TV station chains.

  • October 14, 2026

    LSU's Relent Hasn't Cooled College Football Roster Litigation

    The Southeastern Conference is looking to proceed with its suit over Louisiana State University's efforts to add former NFL players to its roster, telling an Alabama federal judge that its claims are live despite the school's decision not to bring those players aboard.

  • October 14, 2026

    Cannabis Reform Foes Cite GAO In Push To Reopen Hearings

    A U.S. Drug Enforcement Administration administrative law judge on Wednesday ordered the government to respond to a bid by opponents of cannabis reform to reopen hearings on a proposal to loosen federal restrictions on marijuana.

  • October 14, 2026

    9th Circ. Blocks Calif. Law Requiring Fed Agents To Show IDs

    A Ninth Circuit panel on Wednesday reversed the implementation of a California law requiring federal agents to display identification, saying the Trump administration is "certain to succeed" on its argument that the state statute violates the U.S. Constitution's supremacy clause.

  • October 14, 2026

    DOJ Pushes Congress To Expand Death Penalty

    The U.S. Department of Justice has proposed a bill to Congress to bolster the use of the death penalty in both state and federal courts, in a bid to advance a related executive order President Donald Trump signed at the beginning of his second term.

  • October 14, 2026

    Brooklyn DA Busts Crypto Scam Targeting Russian Speakers

    The Brooklyn District Attorney's Office said Wednesday it has taken down hundreds of servers and domains used to defraud Russian speakers in the U.S., dealing a significant blow to the international cryptocurrency scam operation.

  • October 14, 2026

    Trump Dodging Deposition In Defamation Suit, BBC Says

    The BBC asked a Florida federal court to convene a hearing on whether President Donald Trump should be forced to sit for a deposition, saying he's not following through with obligations in his $10 billion defamation lawsuit against the broadcaster over a documentary on the January 2021 U.S. Capitol attack.

  • October 14, 2026

    Fla. Horse Trainer Asks Court To Toss Doping Sanctions

    A thoroughbred horse trainer asked a Florida federal court to rule that sanctions imposed on him for allegedly using banned substances violated his constitutional rights, arguing he was denied a jury trial and that a private regulator overstepped its authority by handing out punishment. 

  • October 14, 2026

    DOJ, IRS Say Enforcement Surge Exposed $490M In Tax Fraud

    The U.S. Department of Justice prosecuted 76 people linked to more than $490 million in federal revenue losses as part of a stepped-up enforcement effort with the IRS and U.S. attorneys' offices over the past six weeks, the leader of the DOJ's new fraud division said Wednesday.

  • October 14, 2026

    Fed. Circ. Upholds Patent Denial In SAWS-Bias Challenge

    The Federal Circuit on Wednesday swiftly upheld the U.S. Patent and Trademark Office's decision to deny an inventor's internal combustion engine patent application after he argued his constitutional rights were violated when his case was sent to the USPTO's controversial, now-discontinued Sensitive Application Warning System, or SAWS, program.

  • October 14, 2026

    11th Circ. Says Fla. Can Enforce Social Media Teen Ban

    The Eleventh Circuit has ruled that Florida can enforce its restrictions on social media for children, vacating and reversing a preliminary injunction that blocked the state's enforcement.

  • October 14, 2026

    Trade Court Can Order Refunds Without Suits, Fed. Circ. Told

    A subset of importers shouldn't be required to file suits at the U.S. Court of International Trade to receive refunds for tariffs paid that were deemed unlawful by the U.S. Supreme Court, the U.S. Chamber of Commerce and a technology trade organization told the Federal Circuit.

  • October 14, 2026

    Trustee Asks 1st Circ. To Nix Shuttered Bank Owner's Claims

    A Puerto Rico federal court properly dismissed claims against a trustee appointed to administer the receivership of a shuttered online bank suspected of facilitating tax evasion and money laundering, he told the First Circuit, saying he's entitled to 11th Amendment immunity because he was sued in his official capacity.

  • October 14, 2026

    Challenges To VOA Cuts Moot After Policy Shift, Agency Says

    The U.S. Agency for Global Media told a D.C. federal judge that consolidated suits by a coalition of journalists, federal employees and labor unions seeking to overturn cuts that slashed staffing at Voice of America are moot because the agency has changed the policy at issue.

Expert Analysis

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • Unpacking Texas' New Grid Reliability Rules For Data Centers

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    The Electric Reliability Council of Texas’ recently effective technical and compliance obligations, designed to prevent data centers and other large energy customers from causing cascading outages when they go offline, will challenge facilities to develop equipment and protocols to help protect the grid, says Casey Bell at Balch & Bingham.

  • Opinion

    Md. Court Got Ad Tax Similarity Analysis Wrong

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    Decisions striking Maryland’s digital advertising tax are fundamentally flawed because the Maryland Tax Court found similarity between digital ads and other ads without considering deep market distinctions, says Darien Shanske at UC Davis School of Law.

  • Opinion

    NC Litigation Funding Ban Sets Model For Other States

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    States worried about rising liability costs and the commercialization of their courts should treat North Carolina's recently enacted litigation funding ban as a model because a prohibition adequately addresses the distortion that disclosure only documents, say attorneys at McAngus Goudelock.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • Planning For The Impact Of FinCEN's CTA Rollback

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    The Financial Crimes Enforcement Network's recent rollback of Corporate Transparency Act reporting obligations should reduce compliance costs, but its plans to revisit customer due diligence rules should prompt companies and financial institutions to reassess state beneficial ownership programs, say attorneys at Sidley.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • EPA Guidance May Simplify On-Site Power For Data Centers

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    At a moment when wait times to connect large loads to the electric grid can stretch into years, two recent U.S. Environmental Protection Agency guidance documents seek to make it easier for data center developers to set up on-site power generation — but much will depend on how quickly states and localities update their own rules, say attorneys at Alston & Bird.

  • Fed's Capital Rule Proposal Could Help Banks Stay Mutual

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    The Federal Reserve Board's recent proposal to comprehensively rewrite its capital rule and reduce procedural requirements for mutual holding companies would support community banking by allowing mutual institutions new ways to fund growth without converting to stock form, say attorneys at Nutter.

  • 8(a) Firms Face New Risks From Pass-Through Arrangements

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    ​Prime contractors and subcontractors with pass-through arrangements involving the Small Business Administration's 8(a) business development program should ensure they are prepared for heightened litigation risks created by the administration’s use of False Claims Act whistleblowers to target fraud in diversity, equity and inclusion programs, say attorneys at RJO.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • CISA Town Halls Signal Key Cyber Rule Changes Ahead

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    The Cybersecurity and Infrastructure Security Agency recently held a series of town halls to gather additional stakeholder input on the Cyber Incident Reporting for Critical Infrastructure Act, offering potential insights into how the agency may address key issues in a forthcoming final rule, say attorneys at Covington.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

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