Public Policy

  • September 15, 2026

    4th Circ. Unsure How To Weigh NC Ban On Ballot Selfies

    A Fourth Circuit judge on Tuesday said a voter and the North Carolina State Board of Elections are arguing a tale of two cases in a free speech fight over the Tar Heel state's ban on ballot selfies, saying neither side appears to be in agreement about what level of judicial review to use.

  • September 15, 2026

    FCC Seeks Input On Disputed Political Ad Rate Policy

    Federal Communications Commission staff on Tuesday sought comment on whether to set aside earlier guidance calling for the "lowest unit" rate for committee-backed political ads as the Fourth Circuit considers a Democratic bid to force the commission to review the policy.

  • September 15, 2026

    8th Circ. Revives Doctor's Suit Over COVID Speech Probes

    An Eighth Circuit panel on Tuesday revived a doctor's suit seeking an order limiting a Minnesota state medical board's ability to investigate him for his public statements related to the COVID-19 pandemic, finding a district court "set the bar too high" at the dismissal stage.

  • September 15, 2026

    Nadine Menendez Deadline Relief Bid Deemed Moot

    A New York federal judge on Tuesday denied as moot Nadine Menendez's request for 90 more days to file a potential challenge to her prison sentence after prosecutors said she misunderstood the deadline and still had plenty of time to seek relief.

  • September 15, 2026

    Feds Fight Ex-Fla. Rep's Bid For Time Served In FARA Case

    Federal prosecutors urged a Florida federal judge on Monday to reject ex-Florida Rep. David Rivera's request for a sentence of time served after he was found guilty of failing to register as a foreign agent after signing a $50 million contract with a unit of Venezuela's state-owned oil company.

  • September 15, 2026

    College Sports Overhaul Looms Closer After Senate Vote

    The U.S. Senate on Tuesday advanced a bill that would impose sweeping regulations on college sports, teeing up a lively legislative debate as the NCAA looks to ward off a wave of antitrust lawsuits.

  • September 15, 2026

    Justices Told DHS Voter Citizenship Database 'Unprecedented'

    The U.S. Supreme Court should reject the Trump administration's bid to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's election, a voting rights group told the court Tuesday, arguing that the administration unlawfully reinterpreted several statutes to claim that Congress authorized the changes.

  • September 15, 2026

    DC Judge Blocks 2nd Trump Naming Effort At Kennedy Center

    A D.C. federal judge rejected the Kennedy Center's latest effort to put President Donald Trump's name on the building's facade Tuesday, saying yet again that the performing arts center's board can't memorialize anyone but John F. Kennedy at the facility without Congress' say-so.

  • September 15, 2026

    Dems Block Crypto Bill Over Ethics Concerns

    The Senate on Tuesday failed to clear a procedural hurdle for the Clarity Act, which was primed to be the first comprehensive federal regulatory framework for digital asset markets, as Democrats said the ethics guardrails were not strong enough.

  • September 15, 2026

    NYC Asks 2nd Circ. To Greenlight Uber, Lyft Deactivation Law

    New York City has urged the Second Circuit to lift an injunction blocking a municipal ordinance prohibiting Uber and Lyft from "deactivating" drivers without formal notice and investigation, arguing that the lower court wrongly found that the companies would likely win their contract claims.

  • September 15, 2026

    Connecticut Wins Fight Over School Vaccine Exemptions

    Connecticut has won the dismissal of a challenge to its mandatory school vaccination laws, beating through both litigation and legislative amendments allegations by parents that the state's rollback of vaccine exemptions violated religious freedom statutes and the state and federal constitutions.

  • September 15, 2026

    Mich. AG Says PBMs Put Opioid Profits Before Patient Safety

    Michigan Attorney General Dana Nessel has asked a federal court not to dismiss the state's lawsuit accusing pharmacy benefit managers including Express Scripts and Optum of abetting the opioid epidemic, arguing the PBMs are not passive administrators, but profit-driven architects of the crisis.

  • September 15, 2026

    Cruz Delays FCC Nom's Hearing Amid Calls To Add Dem Pick

    A bevy of civil rights organizations said Tuesday the U.S. Senate should hold off on confirming another Republican to the Federal Communications Commission unless a sitting FCC Democrat is renominated to her post.

  • September 15, 2026

    7th Circ. Debates Federalism, Bad-Faith Prosecution Limits

    A case deemed moot by the Seventh Circuit nonetheless drew commentary Monday from several judges on the court, with four calling an injunction that blocked Florida from pursuing a state court suit over youth gender-affirming care a "grievous blow" to federalism, while others said federal intervention is a "constitutional safety valve" against bad-faith prosecutions.

  • September 15, 2026

    TikTok Pay Scale Suit On Pause Pending Wash. Appeal

    A Washington state court has extended a stay in a proposed class action accusing TikTok of omitting salary information from job postings, keeping the case paused while an appeals court considers whether a key provision of the state's pay transparency law applies retroactively.

  • September 15, 2026

    Mich. Man Sues City Over Removal From Public Forum

    A Palestinian American man has sued the city of Eastpointe, Michigan, alleging its officials violated his First Amendment and civil rights by removing him from a public forum after he silently displayed a sign accusing the city council of complicity in the war in Gaza.

  • September 15, 2026

    FDA Seeks Applications For Project To Speed Up Human Trials

    Federal regulators on Tuesday launched a pilot program that will pair pharmaceutical companies with research institutions in an effort to make it faster and easier to conduct clinical trials on humans in the United States.

  • September 15, 2026

    Bessent Teases Higher AML Reporting Thresholds For Banks

    U.S. Treasury Secretary Scott Bessent told a U.S. House panel on Tuesday that the Trump administration is moving toward relaxing longstanding transaction reporting requirements for banks as part of its broader push to overhaul federal anti-money laundering rules.

  • September 15, 2026

    Next Tariff Refund Phase To Deploy Next Month, CBP Says

    U.S. Customs and Border Protection's next phase for its system administering tariff refunds for duties struck down by the U.S. Supreme Court will deploy Oct. 6, according to a declaration filed Tuesday in the U.S. Court of International Trade.

  • September 15, 2026

    Judge Bars Oregon Steelhead Stocking In North Santiam River

    A federal judge has ordered Oregon to stop releasing non-native summer steelhead into the North Santiam River for recreational fishing until the National Marine Fisheries Service updates a flawed opinion on the harms the hatchery-raised fish may pose to native winter steelhead.

  • September 15, 2026

    1st Circ. Suggests Appeal In Drug Rebate Case May Be Moot

    A First Circuit panel raised mootness concerns as it heard arguments Tuesday from drug companies appealing a ruling that prevented them from intervening in a now-dismissed case to defend a rebate model for a federal drug-pricing program. 

  • September 15, 2026

    Trade Court Orders Better Explanation For Indian Glycine Rate

    The U.S. Department of Commerce must give a better explanation for why it chose to hit an Indian exporter of glycine with an antidumping duty rate it reached using a different calculation method than expected, the U.S. Court of International Trade ruled.

  • September 15, 2026

    Justices Asked To Resolve Cannabis Dormant Commerce Split

    A California litigator's campaign of lawsuits alleging that state and local cannabis regulatory regimes violate the U.S. Constitution's dormant commerce clause has culminated in a petition for a writ of certiorari which appeared on the U.S. Supreme Court's docket Tuesday.

  • September 15, 2026

    FTC Chair Wary Of AI's Dual Push For Regs, Antitrust Shield

    Federal Trade Commission Chair Andrew Ferguson cast doubt Tuesday on the sincerity of artificial intelligence companies asking Washington for more safety regulations even as they seek antitrust exemptions so they can agree to AI development limits.

  • September 15, 2026

    9th Circ. Backs Tribe In Casino Fight, Questions Joinder Rule

    A Ninth Circuit panel has rejected a group of Anchorage, Alaska, residents' appeal to undo an order finding the Native Village of Eklutna immune from their lawsuit seeking to block a casino development, with two judges expressing some doubt over a tribe's ability to be joined in a lawsuit.

Expert Analysis

  • 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.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • House Truck Weight Bill Could Raise Stakes In Crash Suits

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    A bill pending in the U.S. House of Representatives could allow participating states to run six-axle trucks at 91,000 pounds instead of 80,000, likely resulting in more catastrophic injury claims with higher damages and further taxing an already strained insurance coverage system, says attorney Angel Reyes.

  • Trump Debarment Threat Calls For Targeted Defense Plan

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    President Donald Trump's recent Truth Social directive ordering federal suspension and debarment officials to investigate the National Academies of Sciences, Engineering and Medicine over climate science work could have existential consequences, highlighting the importance of winning the framing battle by building a clear timeline and record, say attorneys at Jenner & Block.

  • Fed Report Underscores Focus On Nonbank, CRE Risks

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    The Federal Reserve Board's latest supervision and regulation report highlights that broad systemic stability will not insulate individual institutions from rigorous supervisory challenges regarding concentrated commercial real estate portfolios and nonbank partnerships, says Daniel Meade at Hogan Lovells.

  • 3 Upcoming Deadlines That EB-5 Investors Should Consider

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    Potential EB-5 regional center investors should weigh three approaching deadlines, the most immediate of which is Sept. 30, that may affect their filing strategy, required capital commitment and ability to participate even if Congress fails to reauthorize the program, says Michael Ashoori at Ashoori Law.

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