Public Policy

  • September 25, 2026

    AbbVie Says Botox Exempt From Medicare Price Negotiations

    AbbVie largely backed away from its constitutional challenges to the Inflation Reduction Act's Drug Price Negotiation Program in D.C. federal court Friday, but still insisted that its suite of Botox drugs can't be forced into negotiations with Medicare over price because they feature enough human plasma to fit into a congressional exemption.

  • September 25, 2026

    Rail Industry Wants Full 11th Circ. To Review FRA Rule

    Railroad industry groups are asking the Eleventh Circuit to hold an en banc rehearing after a split panel rejected their challenge to a 2024 Federal Railroad Administration rule requiring two-person train crews, saying the panel's decision expands agency authority and goes against Supreme Court precedent.

  • September 25, 2026

    Tribes Say Gold Mine Spill Study 'Still Falls Very Short'

    A court-ordered federal study says a hypothetical major waste spill at a proposed Alaska gold mine could leave parts of a nearby village uninhabitable and cause lasting harm to fish habitat, but tribal opponents say the analysis still does not show the full extent of the danger.

  • September 25, 2026

    Unions, Feds Settle Suit Over Gov't Shutdown Layoffs

    A coalition of labor unions and the U.S. Department of Justice have agreed to settle claims in a dispute challenging the layoffs of federal employees that occurred during the 2025 government shutdown, according to an agreement filed by the parties.

  • September 25, 2026

    Mich. Wineries Say Appeal Bid Would Delay Event Dispute

    A group of Michigan wineries has opposed Peninsula Township's request for an interlocutory appeal in its ongoing suit over hosting special events, arguing that the township is attempting to improperly bypass a Michigan federal court's earlier rulings and delay the case. 

  • September 25, 2026

    Tech Co. Seeks FCC Reg Waiver For 'Silent Speech' Devices

    A technology firm has asked the Federal Communications Commission to waive part of its rules to allow it to market "silent speech," also known as lipsyncing, devices.

  • September 25, 2026

    A2J At The High Court: Gun Bans, Voting And Civil Remedies

    From the right to own semiautomatic rifles to the rules governing voter registration, the upcoming U.S. Supreme Court term will see the justices tackle a broad swath of constitutional and access to justice issues.

  • September 25, 2026

    This Courtroom Assumption Preceded A White Collar Manhunt

    After a jury convicted former Connecticut state budget official Konstantinos Diamantis of 21 corruption counts, a federal judge assumed prosecutors would not seek immediate incarceration, asking a question that came to preface an international manhunt now underway.

  • September 25, 2026

    Dems Revive Resolution To Boost Support For Working Moms

    Democratic lawmakers announced Friday that they have reintroduced a resolution calling for expanded paid leave, child care support and other federal policies aimed at helping mothers remain in the workforce and addressing economic disparities facing working moms.

  • September 25, 2026

    Justices Block Missouri's New Midterm Map In Loss For GOP

    The U.S. Supreme Court late Friday barred Missouri from using in its impending midterm elections a newly redrawn congressional map that would favor Republicans, rejecting the Eighth Circuit's restoration of revised boundaries and likely ending a litigation whirlwind that reached the justices thrice this month.

  • September 25, 2026

    Calif. Appealing Order Faulting Cannabis Tracking System

    California's cannabis regulator will appeal a state court's judgment finding that the agency failed to implement a system highlighting suspicious marijuana transactions as it was required to do so by state law.

  • September 25, 2026

    Judge Moves Sen. Scott's Tax Info Leak Case To DC Court

    A Florida federal court transferred U.S. Sen. Rick Scott's suit against a former employee of federal contractor Booz Allen Hamilton Inc. for leaking his personal tax returns to D.C. federal court Friday, saying the employee's conduct didn't happen in Florida.

  • September 25, 2026

    'Unreasonable' Fee Bid Slashed For Wrongful Conviction Attys

    A Pennsylvania federal judge on Friday awarded the attorneys representing a man in a wrongful conviction case less than half their desired amount for work done in pursuit of those fees, ruling that $135,795 was reasonable compensation.

  • September 25, 2026

    Squires Says Biocon Challenge To Eylea Patent Filed Too Late

    U.S. Patent and Trademark Office Director John Squires has explained why he rejected Biocon Biologics' challenge to a Regeneron Pharmaceuticals Inc. patent covering the eye disorder drug Eylea — because Biocon waited too long to bring the challenge.

  • September 25, 2026

    DC Circ. Backs Buy America Waiver For Brightline Trains

    The D.C. Circuit on Friday rejected Alstom Transportation Inc.'s challenge of a Buy America waiver approved for trains for a high-speed rail project linking Las Vegas to Southern California, holding that the waiver is reasoned and aligns with federal requirements.

  • September 25, 2026

    Colo. Secretary Of State Withheld Badge Records, Group Says

    A conservative nonprofit organization is demanding records from Colorado Secretary of State Jena Griswold after her office denied an open records request seeking information on Griswold's badge scans into the secretary's office in 2025, according to the group's complaint filed in state court Thursday.

  • September 25, 2026

    'Experience Drain' Leaves FTC, DOJ Staffers More Hesitant

    Months before he left the U.S. Department of Justice's Antitrust Division, the agency's chief said that prospective job seekers no longer needed the substantial profile previously required to work for the agency, a change he cast as a positive for young attorneys.

  • September 25, 2026

    Acquittal Bid In Okla. Bid-Rigging Conviction Denied

    An Oklahoma federal court has rejected an acquittal bid from a man convicted of participating in an erosion control company's bid-rigging conspiracy that allegedly affected over $100 million in publicly funded transportation construction contracts.

  • September 25, 2026

    Detractors Tell Court Paramount Deal Fails To Fix Concerns

    Civil rights and public interest groups have told a California federal court the settlement ending a challenge of Paramount Skydance's purchase of Warner Bros. Discovery fails to address the concerns state enforcers raised in the first place.

  • September 25, 2026

    Judge Bars 'Inhumane' Conditions At NY ICE Facility

    A New York federal court has ordered U.S. Immigration and Customs Enforcement to ensure humane conditions and proper counsel access for noncitizen detainees held at its regional office in lower Manhattan, detailing squalid, unconstitutional conditions there during the summer of 2025.

  • September 25, 2026

    GAO Says Energy Dept. Cut $9.1B In Projects Under Trump

    The U.S. Department of Energy canceled $9.1 billion in awards after being directed to review the projects to ensure they aligned with the Trump administration's priorities, handing the deepest cut to the Office of Clean Energy Demonstration.

  • September 25, 2026

    Enviro Group Says Border Wall Work Hit Oldest U.S. Geoglyph

    An environmental group says new research shows that an Indigenous geoglyph believed to be the oldest in the Americas has been partially destroyed by federal contractors working on a border wall through Arizona's Cabeza Prieta National Wildlife Refuge.

  • September 25, 2026

    Domino Foods Fights Paul Weiss DQ Bid In Price-Fixing MDL

    Domino Foods is pushing back on an attempt to disqualify its counsel from Paul Weiss Rifkind Wharton & Garrison LLP in a sugar price-fixing multidistrict litigation, arguing Hershey, J.M. Smucker and other food makers filed the motion as a "strategic attempt to gain tactical advantage" at a critical point in the dispute.

  • September 25, 2026

    Full 2nd Circ. Won't Revisit Rejection Of Feds' No-Bond Policy

    The en banc Second Circuit on Friday denied a request by the Trump administration for the full court to rehear a unanimous panel decision rejecting the government's argument that noncitizens who entered the U.S. unlawfully aren't eligible for bond.

  • September 25, 2026

    WTO To Weigh Russian Claim EU Carbon Levy Breaks Rules

    The World Trade Organization said Friday it will consider Russia's challenge that the European Union's carbon import levy poses significant trade barriers despite the bloc's protest that it is unreasonable to treat seriously a complaint raised by a member waging a war of aggression.

Expert Analysis

  • How Data Center Projects Can Navigate Wyo. Siting Process

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    As opposition to data center development grows nationwide, the way that Wyoming is handling the issue through its industrial siting process offers a counterintuitive lesson: More process, not less, can provide both meaningful scrutiny and a clear path forward for projects, says Jeffrey Pope at Holland & Hart.

  • Tips From Apex Ruling On Handling Workers' Public Criticism

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    A National Labor Relations Board judge’s recent finding that Apex Fintech Services illegally reined in an employee’s public criticism on LinkedIn should caution employers that overbroad policies and reflexive responses may not only fail to defend the company’s reputation, but compound risks of federal labor charges, say attorneys at Krevolin Horst.

  • 4 Paths To AI Safety Coordination Amid Antitrust Debate

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    Frontier artificial intelligence companies have more room for collective safety work than the debate over an antitrust waiver suggests, with several existing avenues providing different degrees of protection and oversight, says Evan Miller at V&E.

  • How Cannabis Rescheduling Is Reshaping Bankruptcy

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    As broader cannabis rescheduling awaits a recommended decision, cannabis companies continue to test the boundaries of the Bankruptcy Code, with the recent Cannabist Chapter 15 recognition order suggesting that governmental resistance may be reduced in future filings, say attorneys at Thompson Coburn.

  • How Calif. Privacy Bill Could Change CIPA Tracking Cases

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    If California Gov. Gavin Newsom signs S.B. 690, the bill could materially reduce the leverage behind a pen-register-only claim or demand, so California Invasion of Privacy Act website tracking claims should not be evaluated the same way they were six months ago, says Alexandra Samofalova at Spencer Fane.

  • Risk Considerations As EEOC Moves To Ax Data Reports

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    While the U.S. Equal Employment Opportunity Commission's recent proposal to rescind requirements for workforce demographic reporting wouldn't bar employers from collecting data, companies would have to be especially careful to gather and use such information in legally defensible ways, say attorneys at Foley & Lardner.

  • For Faster FDIC Review, Banks Must Front-Load Prep

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    Banks seeking to benefit from the efficiency promised by the Federal Deposit Insurance Corp.’s new two-phase review of deposit insurance applications must prioritize filing comprehensive submissions or risk the fate of applicants recently rejected by the Comptroller of the Currency, say attorneys at Skadden.

  • A Look At Loper Bright's Uneven Effect On Immigration Law

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    Recently decided cases in the Second and Fourth Circuits show the disparate effects independent judicial review has had on long-standing immigration precedents since the U.S. Supreme Court's 2024 ruling that ended Chevron deference, says Danny Alicea at the Legal Aid Society.

  • Opinion

    New CMS Medical Device Pathway May Have Limited Effect

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    The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • Time Is On Payment Processors' Side As Deal Dynamics Shift

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    As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

  • A Road Map To Modernizing Clinical Lab Regulations

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    The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

  • IRS Notice Helps Bridge Carbon Capture Reporting Gap

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    Recent guidance that extends a safe harbor for taxpayers claiming Section 45Q carbon capture credits provides a temporary reporting method that may keep viable projects moving while the U.S. Department of the Treasury and the Environmental Protection Agency address future reporting standards, says Peter Lowy at Nelson Mullins.

  • How GCs Can Assess The Risks Of Emerging AI Laws

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    Amid a swirl of momentous legislative activity aimed at regulating artificial intelligence, general counsel must return to first principles when determining whether new laws will apply and whether the company’s use could cause regulators to subject it to additional regulation, say attorneys at WilmerHale.

  • Illinois Domestic Violence Law Expands Employer Obligations

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    With a new Illinois law expanding domestic violence protections by redefining harassment for the digital age and making protective orders more accessible, employers should review their policies and training programs as they will likely encounter more orders and a wider range of workplace restrictions, say attorneys at Nixon Peabody.

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