Public Policy

  • October 13, 2026

    Drug Tests Don't Trigger Weingarten Rights, NLRB Attys Say

    Workers don't have the right to consult a union representative before taking an employer-mandated drug test, National Labor Relations Board prosecutors said, asking the board to rule that the so-called Weingarten right isn't available in the context of drug and alcohol testing.

  • October 13, 2026

    ICE Hit With Class Action Over Detainees' Seized Property

    Former ICE detainees are accusing the agency in a new class action of routinely keeping passports, work permits, driver's licenses and other belongings seized in detentions long after their owners have been released, alleging that the "de facto policy" has cost jobs, housing and the ability to move freely.

  • October 13, 2026

    Laid-Off Workers Can't Sue Amid Board Appeal, Feds Say

    The federal government asked a Maryland federal court to throw out a suit brought by more than 300 former federal workers who say their agency layoffs were politically motivated, arguing the workers must pursue their claims through an administrative process before heading to court.

  • October 13, 2026

    High Court Won't Review Student's Suit Over Phone Search

    The U.S. Supreme Court on Tuesday denied certiorari to a teenager who alleges his constitutional rights were violated when his school principal searched his phone on suspicion that he had nude photos of another student.

  • October 13, 2026

    Pa. High Court Snapshot: Jail Bargaining, Energy Land Tiffs

    The Pennsylvania Supreme Court will consider whether a referendum banning solitary confinement at the Allegheny County Jail had to be bargained with the jail's union when the court sits in Pittsburgh starting Wednesday.

  • October 13, 2026

    High Court To Consider DOGE FOIA Dispute

    The U.S. Supreme Court announced Tuesday it will review the D.C. Circuit's decision to greenlight limited discovery aimed at determining whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act.

  • October 13, 2026

    Justices Won't Eye 'Weaponized' Sanctions Of Election Attys

    Despite outrage among Ninth Circuit conservatives, the U.S. Supreme Court declined Tuesday to scrutinize six-figure sanctions of lawyers who challenged Arizona election protocols, leaving intact discipline designed to "send a message."

  • October 13, 2026

    High Court Won't Hear NYC Loft-Conversion Petition

    The U.S. Supreme Court on Tuesday declined to review a decision from New York's highest court determining that New York City fees for converting artist lofts into residential units are legally enforceable.

  • October 13, 2026

    Justices Won't Review Ohio's Out-Of-State Wine Sales Law

    The U.S. Supreme Court refused on Tuesday to review a Sixth Circuit ruling that found Ohio's law banning the shipment of wine to consumers in the state by out-of-state retailers is unconstitutional.

  • October 12, 2026

    Trump Blocked From Airing More Taxpayer-Funded TV Ads

    A federal judge in Manhattan ordered the Trump administration Monday to stop airing taxpayer-funded television ads in the run-up to the November midterm elections, finding a $20 million pro-Donald Trump ad buy was bankrolled by money improperly taken from the government.

  • October 09, 2026

    Conn. Says CFTC Rehashing Failed Sports Contract Position

    Connecticut has criticized the Commodity Futures Trading Commission's bid in Connecticut federal court to block the state from regulating prediction market platforms' sports-related offerings, noting the same presiding judge already denied Kalshi's motion seeking such relief.

  • October 09, 2026

    Anthropic Says Claude Gave False Murder Tip To Philly Cops

    Anthropic on Friday disclosed a series of incidents in which its Claude artificial intelligence tool went rogue, particularly in interactions with federal and local government websites, including an incident in which it submitted a false tip about an unsolved homicide to the Philadelphia Police Department.

  • October 09, 2026

    CFTC Proposes Rules To Codify Prediction Market Authority

    The U.S. Commodity Futures Trading Commission on Friday took steps to codify its authority over sports, politics and culture event contracts, in a move to affirm the agency's view that prediction markets are under its "exclusive jurisdiction" and beyond the reach of states.

  • October 09, 2026

    Trump Admin Aims To 'Rein In' ICC With New Sanctions

    The Trump administration Friday imposed new sanctions on the International Criminal Court, which swiftly condemned the move as "an assault on the rule of law and on the very foundations of the international legal order."

  • October 09, 2026

    Warren Presses Fed For Details Of Early SVB Report Access

    The U.S. Senate Banking Committee's top Democrat is calling on Federal Reserve officials for answers after some outside experts were given an early look at a recent independent report on Silicon Valley Bank's collapse, questioning who authorized the access and how recipients were chosen.

  • October 09, 2026

    5th Circ. Judges Clash Over Trans Restroom Photo Case

    A split Fifth Circuit on Friday declined to rehear a preliminary injunction bid in a case challenging the constitutionality of enforcing a Texas privacy law against a plaintiff who tweeted a photo of a trans woman in a bathroom, spurring three judges to author contentious concurring and dissenting opinions.

  • October 09, 2026

    9th Circ. Sides With Forest Service In Idaho Project Suit

    The Ninth Circuit on Friday reversed a lower court's finding that the U.S. Forest Service ran afoul of the National Forest Management Act when it approved an Idaho project, ruling the court erred when analyzing the project's compliance with limits on road construction in areas in and around bear habitat.

  • October 09, 2026

    Trump Admin Finalizes Rule To Fast-Track Immigration Fines

    The U.S. Department of Homeland Security is moving forward with a final rule that looks to make it easier to impose civil monetary penalties on noncitizens who enter the country without authorization or fail to voluntarily depart, according to a notice issued Friday.

  • October 09, 2026

    FBI Portal Hack Sharpens Focus On Cyber Regulation Path

    The recent hack of the FBI's jobs portal underscores mounting cyberthreats to government agencies and critical infrastructure, fueling the debate over whether internal fixes or formal regulation can best address the growing cyber risks powered by artificial intelligence.

  • October 09, 2026

    DOJ Seeks To Pause Order Blocking Demand For Driver Data

    The Justice Department is asking a Virginia federal judge to pause his injunction barring the Trump administration from obtaining millions of commercial driver's license records from a nationwide database while it appeals the ruling, claiming that the district court likely lacked jurisdiction to hear the lawsuit in the first place.

  • October 09, 2026

    Payday Lender Says Baltimore Oversteps Its Power With Suit

    Dave Inc. has pushed back on a lawsuit brought by the city of Baltimore, saying the municipality has exceeded its powers by using a local ordinance to accuse the payday lender of charging excessive interest rates on its products.

  • October 09, 2026

    Feds Chided For Pace Of Deported Nigerian Man's Return

    A California federal judge on Friday expressed frustration with the government for having "slow-walked" the return of a Nigerian citizen it deported to Ghana and who had to hide in Togo after refusing to board a bus bound for Nigeria, where an immigration court determined he couldn't be deported.

  • October 09, 2026

    Species Protections May Differ By State Under Senate Bill

    A new U.S. Senate bill proposing to change federal agencies' consultation process for energy and infrastructure projects could lead to inconsistent wildlife protections in different states and includes some provisions that may ultimately be counterproductive to speeding up development.

  • October 09, 2026

    Cities Ask Justices To Undo Texas-DOJ Immigration Rule Deal

    Democracy Forward Foundation and several cities asked the U.S. Supreme Court on Friday to stay a district court's approval of a deal Texas and the Trump administration struck to vacate a Biden-era rule allowing immigration courts to temporarily close cases.

  • October 09, 2026

    DOJ Policy Checking Voters' Immigration Status Banned

    A D.C. federal judge has struck down the U.S. Department of Justice's new policy of collecting states' unredacted voter information to cross-check voter rolls against immigration databases, saying federal voting laws the agency relied on were meant to protect the right to vote and not take it away.

Expert Analysis

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • 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.

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