Public Policy

  • October 01, 2026

    DuPont, Corteva Accused Of $40B PFAS Asset Shielding

    The company formerly known as DuPont and its parent Corteva Inc. were sued in Indiana state court Thursday by 15 states and Guam alleging a newly completed seeds business spinoff is nothing more than an illegal effort to place $40 billion in assets beyond the reach of creditors pursuing forever chemicals claims.

  • October 01, 2026

    Judge Should Penalize Meta $40B In Latest Trial, NM Argues

    The state of New Mexico asked a judge Thursday to penalize Meta $35 billion to $40 billion for statements that a jury found grossly misrepresented the social media giant's actual data privacy practices, while Meta argued no harm was proven and the damages should be in the $345 million to $3.45 billion range.

  • October 01, 2026

    States Sue Trump Over 'Theft' Of $810M Congressional Funds

    California and six other states sued the Trump administration in San Francisco federal court, alleging the executive branch's unlawful clawback of $810 million that was appropriated by Congress for a number of programs that the president dislikes is "tantamount to theft."

  • October 01, 2026

    Bipartisan Legislation Floated To Fight Foreign-Website Piracy

    The two chambers of Congress have introduced related legislation that would allow U.S. courts to direct internet service providers to block foreign criminal and piracy sites within the U.S.

  • October 01, 2026

    SEC Floats Crypto Custody Rule Updates For Funds, Advisers

    The U.S. Securities and Exchange Commission on Thursday proposed updates to custody rules that would allow investment advisers and funds to hold clients' crypto with state trust companies or safeguard the assets themselves if they can't find a suitable custodian.

  • October 01, 2026

    Home Health Co. Seeks Pause Of Colo. Agency's Backout

    A Colorado home personal care services company exclusively serving those insured by Medicaid urged a state judge Thursday to pause a Colorado regulatory agency's decision to terminate its provider agreement, contending any transition of clients to other providers should come after an administrative court hearing later this month.

  • October 01, 2026

    Fla. Police Officers Denied Immunity In Ex-GOP Chair's Suit

    A federal judge in Florida has refused to toss a civil lawsuit against two Sarasota Police Department detectives, finding they are not entitled to qualified immunity from claims they violated the Fourth Amendment rights of a former Florida Republican Party chair during a 2023 sexual assault investigation.

  • October 01, 2026

    FDIC Says Workplace Culture Monitorship Has Ended

    The Morrison Foerster LLP attorney hired to oversee the Federal Deposit Insurance Corp.'s efforts to address past issues with workplace misconduct has concluded her assignment after two years on the job, declaring the agency "well positioned" to move forward.

  • October 01, 2026

    Ill. Judge To Probe Misconduct In ICE Protester Prosecution

    Further fact-finding is necessary to determine whether any misrepresentations or inaccuracies Chicago prosecutors offered while pursuing a since-tossed criminal conspiracy case against six immigration protesters amounts to misconduct warranting contempt or sanctions consideration, an Illinois federal judge said Thursday.

  • October 01, 2026

    NY Judge Scraps ICE Immigration Court Arrest Policy

    A New York federal judge vacated a 2025 policy change that gave U.S. Immigration and Customs Enforcement agents "unfettered discretion" to arrest noncitizens at immigration courthouses after the government admitted guidance cited for the shift never applied to immigration courts.

  • October 01, 2026

    4 Key Takeaways From The Senate Permitting Legislation

    Bipartisan permitting legislation unveiled in the U.S. Senate on Wednesday could be a game-changer for how quickly energy infrastructure projects get built, though the bill faces a long, difficult path to becoming law. Here are four takeaways from the proposal.

  • October 01, 2026

    6th Circ. Backs Immunity In Search Of Empty Home

    Michigan state troopers who searched a vacationing couple's home while attempting to execute a bench warrant are protected by qualified immunity because existing case law has not established that such a search is a violation of constitutional rights, a Sixth Circuit panel said Wednesday.

  • October 01, 2026

    NH Families Seek To Block Medicaid Ban On Youth Trans Care

    Transgender adolescents and their parents urged a New Hampshire federal court Thursday to block the Trump administration's plan to cut off Medicaid funding for minors' gender-affirming care, arguing it's unconstitutional, motivated by discriminatory animus and violates the Administrative Procedure Act.

  • October 01, 2026

    Customers Ask 9th Circ. To Halt Paramount-Warner Bros. Deal

    Streaming service customers are asking the Ninth Circuit to step in and stop Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery until a court can decide if their antitrust suit challenging the merger will be dismissed.

  • October 01, 2026

    Water Utilities Say EPA Rule Defines Them Too Broadly

    The fate of a federal plan to eliminate the nation's lead drinking-water pipes may come down to a debate over the definition of a public water system.

  • October 01, 2026

    Google Ad Tech MDL Teed Up For Trial Largely Intact

    Gannett, the Daily Mail and a certified class of website publishers scored a major win with a New York federal court ruling largely refusing to let Google scrap antitrust allegations targeting its advertising placement technology business in sprawling multidistrict litigation.

  • October 01, 2026

    Judge Bars HHS Medicaid Cuts For Wash. Noncitizens On SSI

    A federal judge has temporarily halted the U.S. Department of Health and Human Services' attempts to cancel Medicaid benefits to noncitizens in Washington state receiving supplemental security income, finding the loss of benefits could lead to permanent disability or death.

  • October 01, 2026

    SEC Changes Quorum Requirements As Peirce Exits

    The U.S. Securities and Exchange Commission has changed its quorum requirements for the first time in 30 years, clarifying that only one member of the agency needs to vote on enforcement and regulatory matters as Commissioner Hester Peirce prepares to leave Friday. 

  • October 01, 2026

    DOJ's RealPage Deal Doesn't End States' Antitrust Claims

    A North Carolina federal court has refused to toss antitrust claims from state enforcers accusing RealPage of providing software that allows residential building owners to inflate rents, despite RealPage's settlement in the case with the U.S. Department of Justice.

  • October 01, 2026

    Trump Says Copyright Chief Can't Stay In Office Amid Appeal

    The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

  • October 01, 2026

    FCC Officially Ditches Race, Ethnicity, Gender Reporting Reqs

    The Federal Communications Commission has officially done away with a rule that required TV and radio broadcasters to disclose data about their employment diversity to the agency after the Fifth Circuit struck the rule down last year.

  • October 01, 2026

    Ex-Actavis Exec Escapes Some Drug Price-Fixing Claims

    A Connecticut federal judge has dismissed a swath of claims against a former executive of Actavis and Taro in the generic drug price‑fixing litigation brought by state enforcers, holding that evidence was insufficient to prove he joined several alleged single‑drug conspiracies.

  • October 01, 2026

    Pa. Justices Keep But Decry $250K Damages Cap In $7M Case

    The Pennsylvania Supreme Court has opted to preserve the $250,000 limit on damages claims against state agencies, with the majority of justices rejecting a constitutional challenge to the cap because it doesn't impede a plaintiff's right to a jury trial, only the amount of recovery.

  • October 01, 2026

    Blue States Fight EPA Rollback Of Power Plant Climate Rules

    A New York-led coalition of mostly Democratic states and municipalities lodged a petition on Thursday before the D.C. Circuit challenging the U.S. Environmental Protection Agency's recent repeal of Biden-era limits on greenhouse gas emissions from fossil fuel-fired power plants.

  • October 01, 2026

    CFPB Couldn't Verify Security Of Tech Left In Offices, IG Says

    The Consumer Financial Protection Bureau left computer equipment sitting in its now-closed regional offices for more than a year and a half without confirming that the hardware, and any sensitive material on it, was locked down, a federal watchdog said Thursday.

Expert Analysis

  • CMS Rule, DOJ Probes Deepen Gender Care Compliance Risk

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    The Centers for Medicare & Medicaid Services' final rule restricting Medicaid funding for hospitals that provide gender-affirming care is likely to face immediate litigation, but the CMS rulemaking is already working alongside U.S. Department of Justice's enforcement campaign to create operational risk for providers, say attorneys at Arnall Golden.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • How Trucking Cos. Can Tackle Risk From New DOJ Task Force

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    Trucking companies should audit their drivers’ credentials and address risk areas lest they attract the attention of the new Justice Department-led task force against the fraudulent licensing of immigrants as commercial truckers, which is turning former questions of administrative or regulatory noncompliance into matters for federal prosecution, say attorneys at RJO.

  • What To Expect From Colorado's New Artist Co. Structure

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    Colorado's newly established class of artist companies, or A-Corps, provides a useful structure for small-scale ventures, but challenges could arise for more complex business plans, and limitations on investor participation may limit widespread adoption, say attorneys at Armstrong Teasdale.

  • 2 Cases Shed Light On Invoking The 5th Before Congress

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    Given the anticipated increase in congressional investigations following the midterm elections, those who anticipate being in Congress' spotlight can draw valuable Fifth Amendment lessons from the ongoing case involving Dr. Anthony Fauci's testimony and the D.C. Circuit’s recent ruling in de la Torre v. Cassidy, say attorneys at King & Spalding.

  • AG Watch: Oregon Targets Consumer Costs

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    Oregon Attorney General Dan Rayfield's challenges to bank interest rate and escrow preemption signal heightened scrutiny of consumer costs for lending services, requiring financial institutions serving Oregon and other states with opt-out laws to reassess compliance risk, says Keturah Taylor at Cozen O'Connor.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • FTC Focus: A Shift In The Pricing Disclosure Terrain

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    Recent state and Federal Trade Commission developments spotlight materially different ways in which personalized pricing might be addressed, which could result in an increasingly fragmented regulatory landscape in which businesses face differing disclosure obligations and substantive restrictions depending upon the jurisdiction, say attorneys at Proskauer.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Compliance Lessons From Agriculture Co. Mexican Bribe DPA

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    Agricultural company Scoular’s recently announced deferred prosecution agreement over alleged Foreign Corrupt Practices Act violations at the U.S.-Mexico border reinforces the U.S. Department of Justice’s focus on cartels, and companies must accordingly ensure they address risks associated with the use of customs brokers, says Adam Safwat at Foley Hoag.

  • OpenAI Deal Highlights AI Hiring Risks In PERM Process

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    The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

  • 5 Practice Tips After DOJ's Healthcare Fraud Declination

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    In light of the U.S. Department of Justice's decision to not prosecute Campus Eye Management under the agency's new corporate enforcement and voluntary self-disclosure policy, healthcare companies should keep several considerations in mind when weighing their risk and self-disclosure strategy, including the distinctions between reporting to the DOJ versus other government agencies, say attorneys at Haynes Boone.

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