Public Policy

  • September 28, 2026

    DOJ Wants DHS Free To Seek Driver Records Despite Block

    The U.S. Department of Justice asked a Virginia federal judge to clarify that an injunction barring the U.S. Department of Transportation from punishing states over withheld commercial driver's license data doesn't stop other agencies like the U.S. Department of Homeland Security from seeking the records through subpoenas or criminal investigations.

  • September 28, 2026

    Kalshi Cites CFTC Lawsuits In Bid To Nix Mass. Betting Suit

    Kalshi has asked a Massachusetts court to throw out the state's expanded complaint over the platform's sports-related "event contracts," saying recent lawsuits and rulemaking by the U.S. Commodity Futures Trading Commission asserting jurisdiction over prediction markets have put the company in a stronger position.

  • September 28, 2026

    Cozen Public Strategies Adds Ex-ExxonMobil Lobbyist In DC

    Cozen O'Connor announced Monday its lobbying subsidiary has expanded its government relations resources in Washington with the recent addition of a former ExxonMobil senior adviser.

  • September 28, 2026

    California Makes Native American Day A Paid State Holiday

    California Gov. Gavin Newsom has signed legislation making Native American Day a paid holiday, requiring its legislature and courts to formally apologize for the state's role in atrocities against tribes, exempts its federally recognized Indigenous nations from bidding requirements for land management consultation services and strengthens Indian child protections.

  • September 28, 2026

    Judge's Senior Status To Open Another 5th Circuit Vacancy

    President Donald Trump will be getting another vacancy to fill on the Fifth Circuit, as Judge Leslie Southwick told him on Monday he will be taking semiretired status.

  • September 28, 2026

    Nebraska Utility Seeks To Lift Block On Power Line Permit

    The Nebraska Public Power District is asking a Colorado district court to dissolve an order that partially blocked the federal government's approval of a 226-mile, 345-kilovolt electricity transmission line in the Nebraska Sandhills, saying a supplemental memo now explains why the project is an essential response to an energy emergency.

  • September 28, 2026

    EU's Trade Growth With Deal Partners Outpaces Others

    Trade between the European Union and countries with which it has reached a trade agreement grew over twice as much in 2025 as trade with jurisdictions that don't have such a deal, the European Commission said Monday.

  • September 28, 2026

    ITC Clears Way For Major Duties On Chinese Van Trailers

    Van-type trailers and their sub-assemblies imported to the U.S. from China are harming the domestic industry, the U.S. International Trade Commission said, setting up triple-digit duties.

  • September 25, 2026

    Ore. Judge Rejects CFPB Funding Cutoff Theory

    An Oregon federal judge ruled Friday that the head of the Consumer Financial Protection Bureau cannot refuse to replenish the agency's funding, handing the Trump administration another loss on a now-suspended policy that almost shuttered the consumer watchdog last year. 

  • September 25, 2026

    Kalshi Sports Contracts Aren't Financial Swaps, 6th Circ. Says

    In a closely watched decision that exacerbates an existing circuit split, a Sixth Circuit panel on Friday rejected Kalshi's assertion that the sports-related transactions made on its platform should be considered federally regulated swaps and not conventional betting subject to state gambling laws.

  • September 25, 2026

    Hemp Shop Owner Hits LA With $10M Suit Over Raids

    A Black entrepreneur claims he was run out of business through unlawful and racially motivated raids on his hemp shop by the Los Angeles Police Department, in a lawsuit in state court that seeks $10 million in damages — the third he has filed on similar claims against city officials.

  • September 25, 2026

    DC Circ. Judges Clash Over Fate Of Deported Venezuelans

    Two D.C. Circuit judges did not see eye to eye during oral arguments Friday as the federal government attempted to overturn an order requiring it to facilitate the return of Venezuelan nationals it deported after a court told it not to.

  • September 25, 2026

    Dems Press DOD Over Delayed Pay For Trans Troops

    A group of House Democrats is calling on the U.S. Department of Defense to ensure that transgender service members ousted from the military under the Trump administration receive their separation payment.

  • September 25, 2026

    FCC Insists DC District Lacks Jurisdiction In Fight With ABC

    The Federal Communications Commission again urged a D.C. federal court to jettison ABC Inc.'s legal action claiming retaliation against the network over content disliked by President Donald Trump, saying case law shows the court has no jurisdiction over the dispute.

  • September 25, 2026

    CPSC Told To Explain Warning Against Weighted Baby Blankets

    A D.C. federal judge on Friday sent Dreamland Baby Co.'s dispute over the Consumer Product Safety Commission's warning against weighted blankets and swaddles for infants back to the agency, saying it didn't adequately explain its stance or its refusal to retract it.

  • September 25, 2026

    Feds' Stablecoin Review Committee Rules On The Horizon

    The White House has completed its review of regulators' planned forms and procedures for reviewing and approving state-level stablecoin licensing frameworks, indicating the U.S. Treasury Department could soon circulate the rules.

  • September 25, 2026

    USPTO Is Seeing A Rise In Continued Examination Requests

    Requests for continued examination of patent applications have ballooned at the U.S. Patent and Trademark Office, a trend attributed in part to the agency's success at decreasing the backlog of new applications.

  • September 25, 2026

    Split 6th Circ. Keeps Block On Tenn. 'Abortion Trafficking' Ban

    A split Sixth Circuit panel upheld a permanent injunction on what Tennessee calls an abortion trafficking ban, finding the law is facially overbroad and violates the First Amendment by restricting speech on access to abortions in states where that care is legal.

  • 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.

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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