Public Policy

  • August 24, 2026

    DOJ Seeks To Beat UC Researchers' Challenge Of Grant Axings

    The U.S. Department of Justice argued on Friday that the Trump administration should prevail over University of California researchers' challenges of the termination of their grants, telling a California federal judge that the First Amendment doesn't apply to competitively awarded grants.

  • August 24, 2026

    Google Says Publishers Can't Get 'Fake Privilege' Discovery

    Google urged a New York federal judge not to grant additional discovery to a group of publishers targeting its advertising placement technology dominance in a wider multidistrict litigation, arguing claims of insufficient detail into corporate policies allegedly hiding evidence are belied by the volume of information already cited.

  • August 24, 2026

    Ukraine Says Tatneft Appeal Over $173M Stay Should Be Axed

    Ukraine has pressed the D.C. Circuit to nix an appeal by a large Russian oil company that seeks to overturn a lower court's stay order in the business's suit to enforce a $173 million arbitral award against the country, saying its domestic law prohibits it from paying the award.

  • August 24, 2026

    4th Circ. Says Vacated Drug Conviction Can't Bar Admissibility

    The Fourth Circuit concluded Monday that a Mexico native's since-vacated marijuana conviction in North Carolina state court does not render her inadmissible in the U.S., departing from a long-standing framework that considered vacated convictions valid for immigration purposes unless they're vacated due to substantive or procedural defects. 

  • August 24, 2026

    USPTO Anonymous Reexam Proposal Spurs Concern, Praise

    A U.S. Patent and Trademark Office proposal to effectively end the ability to be completely anonymous when requesting patent reexaminations drew numerous concerns from industry and attorney groups, as well as supportive remarks from patent owners and calls for the office to go further.

  • August 24, 2026

    Mich. Judicial Council Seeks Input On Long-Term Courts Strategy

    The Michigan Judicial Council heard input on its six-point strategic plan to improve the courts system Monday during a Zoom public forum.

  • August 24, 2026

    Feds Scrap Biden-Era Policy On Credit-Access Programs

    The Trump administration is withdrawing Biden-era guidance that encouraged banks and other lenders to offer specialized programs to boost credit access for underserved borrowers, according to a new Federal Register notice. 

  • August 24, 2026

    Consumer Groups Urge DOT To Keep Airline Full-Fare Ad Rule

    Consumer advocates have asked the U.S. Department of Transportation to reconsider its plans to upend decades-old requirements that airlines display the total airfare more prominently than other components like taxes and fees, saying the Trump administration is effectively endorsing "drip pricing."

  • August 24, 2026

    Feds Seek Circuit Court Reversals In Sanctuary Policy Battle

    The Trump administration has asked separate federal circuit courts to review lower court decisions rejecting its challenges to various state and local sanctuary immigration policies, arguing to the Tenth Circuit that such policies from Colorado and Denver affirmatively obstruct federal immigration enforcement.

  • August 24, 2026

    AT&T, Duke Energy To Arbitrate Pole Rate Dispute

    AT&T and Duke Energy are headed for arbitration in the hopes of settling their dispute over the rates the power company charges the telecom behemoth for pole attachments, the Federal Communications Commission has said.

  • August 24, 2026

    Calif. Takes Trump Admin Pipeline Fight To 9th Circ.

    California has asked the Ninth Circuit to review a district court's rejection of its bid to block the Trump administration's reopening of a controversial coastal oil pipeline, which a judge said was a valid use of federal emergency authority under the Defense Production Act.

  • August 24, 2026

    Aviation Cos. Urge FCC To Pull Ligado Network Order

    The FCC ought to revoke its controversial 2020 order giving Ligado Networks permission to build a mobile satellite network because the company won't be able to build it in a way that meets the "stringent conditions" the agency gave it, a coalition of groups and companies tells the agency.

  • August 24, 2026

    White Nationalist Group Says Probes Violate Free Speech

    A white nationalist association and other related parties have claimed that federal, state and local authorities are violating their constitutional free speech rights by conducting unfair investigations into the group's "whites-only" community in the state.

  • August 24, 2026

    Merck Loses HHS Suit Over Medicare Drug Price Program

    A D.C. federal judge shot down Merck's challenge to the Inflation Reduction Act's Drug Price Negotiation Program on Monday, ruling that the pharmaceutical giant's voluntary participation in connected Medicare and Medicaid programs meant that its inclusion in the negotiation program doesn't constitute an unconstitutional taking.

  • August 24, 2026

    'History And Tradition' Allow For Religious Emails, USDA Says

    The U.S. Department of Agriculture urged a California federal court to toss a suit by federal workers and their labor union accusing the agency's secretary of sending "proselytizing" religious emails to employees, arguing the messages align with the "history and tradition" of public officials making references to religion.

  • August 24, 2026

    DHS Must Face Bias Suit Over Candidate's Ayahuasca Use

    The U.S. Department of Homeland Security can't escape a lawsuit alleging it unlawfully nixed an applicant's job offer because her religious practice includes consuming the psychoactive tea ayahuasca, a Florida federal judge ruled Friday, rejecting the agency's assertion that the court can't review its hiring decisions on national security grounds.

  • August 24, 2026

    DOJ Backs Biotech Co. Against Red Cross At 1st Circ.

    The U.S. Department of Justice is continuing to back a biotech company that accuses the American Red Cross of blocking competition for blood platelet testing, telling the First Circuit the nonprofit is not part of the government and is not immune from the antitrust claims.

  • August 24, 2026

    Colo. Judge Certifies Class In Hospital Gender Care Suit

    A Colorado state judge granted class certification in transgender adolescents' lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming medical care for them and other transgender youth patients.

  • August 24, 2026

    FCC's Trusty Sees Need For Fresh Look At Universal Service

    Since taking a seat on the Federal Communications Commission more than a year ago, Olivia Trusty says her travels around some of the most rural parts of the country have convinced her of a need to bring the FCC's universal service programs up to date.

  • August 24, 2026

    Fed. Circ. Agrees To Speed Up Args In COVID Vax Patent Case

    The Federal Circuit on Monday agreed to accelerate the schedule in a COVID-19 vaccine patent dispute between Moderna and Arbutus Biopharma Corp. by holding arguments in November.

  • August 24, 2026

    Judge Says ICE Skirted Review In CAT Removal Reversal

    A Maryland federal judge ordered the Trump administration to facilitate the return of a Mexican national who testified against drug cartel members, saying the government violated his due process rights by revoking his removal protection after trying to deport him unsuccessfully twice prior.

  • August 24, 2026

    9th Circ. Sends Juneau Trust Fight Back After DOI Reversal

    A Ninth Circuit panel on Monday remanded a dispute over a 787-square-foot parcel in downtown Juneau after the U.S. Department of the Interior changed its position on the land-into-trust decision for an Alaskan tribal government.

  • August 24, 2026

    Social Media Giants Denied Pause Of Calif. Kids Algorithm Law

    A California federal judge on Friday again refused to block the Golden State law that bars social media companies from using algorithmic feeds to deliver content to children without parents' consent, telling Meta, Google and TikTok that predictive algorithms that show "interesting" content aren't protected free speech.

  • August 24, 2026

    NCUA No Longer Leaderless As Crews Sworn In, Named Chair

    The National Credit Union Administration said Monday that President Donald Trump's pick to lead the federal credit union regulator has now formally taken office, ending its brief leaderless stretch without any sitting chairman or board members at its helm.

  • August 24, 2026

    High Court Lifts Block On Mail-In Ballot Changes

    The Trump administration can proceed with plans to implement some new nationwide mail-in voting regulations ahead of this year's midterm elections, the U.S. Supreme Court ruled Monday, but questions remain about the enforceability of proposed U.S. Postal Service restrictions.

Expert Analysis

  • Constructing AI Compliance Plans As State Laws Diverge

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    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

  • How McDonnell Still Shapes Bribery Defense Strategy

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    The pending federal bribery allegations against Washington, D.C., Council member Trayon White Sr. highlight for defense counsel the importance of overcoming the “official act” requirement established by the U.S. Supreme Court’s ruling in McDonnell v. U.S., and juries' critical role in distinguishing between official and unofficial acts, say attorneys at ArentFox Schiff.

  • Assessing Issues The CFTC's Sports Betting Rules May Face

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    The U.S. Commodity Futures Trading Commission recently proposed a rule to consolidate its control of sports bets made on prediction market trading platforms, but problems may arise from possible conflicts between the proposed changes and state laws — and maybe even the Commodity Exchange Act itself, says David Slovick at Kopecky Schumacher.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

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    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Examining 3 Notable DOL Moves In The First Half Of 2026

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    With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

  • Weighing The Implications Of The Anthropic Export Directive

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    The Trump administration recently issued an export control directive against Anthropic to suspend all access to Fable 5 and Mythos 5 by any foreign national, representing one of the first uses of the regime against a frontier large language model in widespread commercial distribution, says attorney Sohan Dasgupta.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk

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    Recent amendments to Oklahoma's Production Revenue Standards Act — the most comprehensive in decades — raise the stakes for true noncompliance with the state's oil and gas royalty payment framework, while offering operators clearer rules, defined interest boundaries and predictable exits from prolonged suspense situations, say attorneys at GableGotwals.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Is The SEC Entering Fight Over Prediction Market Oversight?

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    The U.S. Securities and Exchange Commission had remained largely silent on prediction market regulation until last week, but that trend may be changing, as many event contracts could qualify as security-based swaps, which are subject to the SEC's oversight under current definitions, say attorneys at Bradley Arant.

  • Data Reveals Pivot In Feds' Financial Fraud Priorities

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    Recent Justice Department data shows fraud prosecutions fell to their lowest rate in a decade in 2025, illustrating a move away from traditional financial cases and toward a targeted mix of healthcare, government program, consumer and sanctions matters, say Paul Hinton and Adrienna Huffman at The Brattle Group.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

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