Public Policy

  • August 25, 2026

    9th Circ. Says Congress Kept NSA Report Outside FOIA

    A Ninth Circuit panel has affirmed the National Security Agency's decision to not grant a Freedom of Information Act request to release a nearly six-decade-old report on the sinking of the USS Liberty.

  • August 25, 2026

    6th Circ. Urged To Affirm Tobacco Fee Suit Toss

    A trade group representing large employee benefit plan administrators wrote in support of insurance giant Progressive at the Sixth Circuit, asking the appellate court to back dismissal of a proposed class action alleging the insurer wrongfully charged workers more for healthcare who used tobacco and refused COVID-19 vaccination. 

  • August 25, 2026

    New Birthright Citizenship Order Defies Justices, Court Told

    A group of noncitizens and immigrant services organizations urged a Maryland federal court Monday to block President Donald Trump's new executive order targeting birthright citizenship following his loss at the U.S. Supreme Court, saying he "cannot unilaterally amend the Constitution."

  • August 25, 2026

    DC Circ. Backs Red Snapper Management Plan

    A D.C. Circuit panel denied a petition from commercial fishers and fish purchasers challenging an annual federal catch limit for South Atlantic red snapper, rejecting their claim that the plan's lack of a limit on dead discards violates federal law and could lead to overfishing.

  • August 25, 2026

    Judge Orders Action On Frozen Immigration Applications

    A California federal judge ordered the Trump administration to process immigration applications from natives of countries subject to entry restrictions under President Donald Trump's travel ban, certifying a class of noncitizens whose filings were frozen under a related policy.

  • August 25, 2026

    Elite Schools Get 7th Circ. Appeal In Aid-Fixing Case

    The Seventh Circuit has agreed to allow several private universities accused of colluding to set financial aid offerings to appeal a ruling certifying a class of students over questions about an economic expert's testimony.

  • August 25, 2026

    Florida AG Slams Bar Complaint Against DHS Counsel

    Florida Attorney General James Uthmeier wrote to the executive director of the Florida Bar to criticize a recent complaint made to the bar against James Percival, general counsel of the U.S. Department of Homeland Security, for attacking judges.

  • August 25, 2026

    DC Circ. Says ESA Review Wasn't Needed For EPA Air Rule

    The D.C. Circuit on Tuesday affirmed the U.S. Environmental Protection Agency's determination that retaining existing air quality standards for nitrogen oxides and particulate matter would not affect animals or plants protected under the Endangered Species Act.

  • August 25, 2026

    Asbestos Firm Objects To Connecticut's New Suit Filing Plan

    A Connecticut plaintiffs firm specializing in mesothelioma litigation has asked a Superior Court administrative panel to reconsider a decision to move all asbestos cases to the Complex Litigation Docket in Hartford.

  • August 25, 2026

    NY Telecom Faces Call Traffic Blocking, FCC Warns

    A New York-based telecom has apparently been sending illegal calls from abroad over its network and faces the possibility of downstream providers blocking all of its traffic, the Federal Communications Commission said.

  • August 25, 2026

    Mich. Panel Keeps Democratic Ballot Bids Alive Despite Error

    Democratic attorney general candidate Eli Savit and secretary of state candidate Garlin Gilchrist II can remain on track to appear on Michigan's November ballot after a state appellate panel upheld the dismissal of a lawsuit seeking to disqualify them, ruling that a lower court wrongly rejected the challenger's amended complaint but that the error was harmless. 

  • August 25, 2026

    Indian Citric Acid Faces Triple-Digit Antidumping Duties

    Imports of citric acid and certain citrate salts from India into the U.S. are facing possible large antidumping duties following a U.S. Department of Commerce preliminary determination Monday, with Commerce also finding such imports from Canada aren't being dumped.

  • August 25, 2026

    Judge Concerned About Misinformation In RealPage Case

    A Tennessee federal judge has instructed a settlement administrator in the rent price-fixing litigation against RealPage and others to send out new notices informing eligible class members they have not been left out of deals worth more than $359 million, finding counsel representing intervenors in the case may have wrongfully told parties they've been excluded.

  • August 25, 2026

    Judge Allows Hospital Groups To Fight AbbVie 340B Suit

    A D.C. federal judge will allow hospitals and health center groups to intervene on the side of the government as it fights AbbVie's challenge to the definition of "patient" in the 340B drug discount program, ruling that the providers would suffer concrete financial harm if the pharmaceutical company's interpretation prevails.

  • August 25, 2026

    Calif. Tribe Says County Tanked $12M Airport Land Deal

    The Twenty-Nine Palms Band of Mission Indians is accusing Riverside County and its officials of fraudulently inducing it into a $12 million land investment, telling a California district court that the municipality pulled a bait-and-switch when it then banned access to the airport-adjacent property.

  • August 25, 2026

    NAACP Warns Justices Colo. Pre-K Exemption Risks Bias

    The NAACP and NAACP Legal Defense and Educational Fund urged the U.S. Supreme Court to uphold Colorado's nondiscrimination rules for its universal preschool program, warning that allowing religious schools to receive public funds while excluding students based on sexual orientation or gender identity would undermine civil rights protections.

  • August 25, 2026

    Mass. Eatery Workers Sue Chain Over Tip, Wage Violations

    A former server and bartender at a Massachusetts restaurant chain is accusing the company in a state court suit of improperly paying tipped workers the subminimum service rate for nontipped side work, sending workers home early without their full wages and unlawfully deducting fees from employees' tips.

  • August 25, 2026

    Canada To Hit US With Retaliatory Tariffs, 'Dollar For Dollar'

    The Canadian government struck back on Tuesday at the latest round of U.S. tariffs, announcing tariffs of its own of up to 50% on more than 800 categories of products worth CA$27.6 billion ($20 billion) that will come into force on Sept. 8.

  • August 25, 2026

    Vedder Adds Benefits And Exec Comp Pro From Winston Taylor

    Vedder has added a seasoned employee benefits and executive compensation partner from Winston Taylor LLP to join its practice as a new shareholder in Chicago, where she will advise clients on a wide range of retirement, health and welfare benefits issues, the firm announced Tuesday.

  • August 24, 2026

    Enviro Groups' Drilling Suit Lacks Imminent Harm, Judge Says

    Environmental groups sued too early over a move last year by President Donald Trump to revive the prospect of Arctic oil and gas leasing in offshore areas that prior administrations deemed off-limits, an Alaska federal judge ruled Monday, saying the plaintiffs have not demonstrated a "substantial risk of imminent harm."

  • August 24, 2026

    SEC Crypto Offering Plan Leaves States, Platforms Guessing

    The U.S. Securities and Exchange Commission's long-awaited plan to boost cryptocurrency offerings would clear the way for crypto projects to raise capital from retail traders, but the proposal already faces major questions from how it permits secondary trading to the limits it puts on states.

  • August 24, 2026

    Instagram Wants Teen 'Sessions,' Not Time, Tenn. Jury Told

    Instagram's top data scientist told a Tennessee jury Monday that the company's goal is to increase the amount of "sessions" by teens, not their raw amount of time in the app, though he admitted the latter metric has been on the rise.

  • August 24, 2026

    Trump Says Capital One Accounts Case Shouldn't Be Tossed

    President Donald Trump and his businesses have urged a Florida federal court not to axe their suit against Capital One, doubling down on their argument that the bank surveilled them and unlawfully closed hundreds of accounts "for no reason other than politics."

  • August 24, 2026

    AGs Want Meta's Privilege Claims Reviewed In Bellwether Trial

    During a break in a jury trial Monday over states' claims Meta hid social media's harm, states' counsel urged a California federal judge to require Meta to re-review all of its attorney-client privilege designations, arguing that "it seems actually logically impossible" that Meta described the wrong standard in only a single document.  

  • August 24, 2026

    Nevada Challenges Feds' Plan For Colorado River Shortages

    Nevada on Monday asked a federal judge to block a framework for Colorado River water cuts the Trump administration finalized, arguing that a flawed review and analysis threaten to put shortages on the backs of it and two other lower basin states.

Expert Analysis

  • Md. Ruling Reflects Classic Administrative Law Principle

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    A Maryland federal court's recent decision in Columbus v. Kennedy significantly limits how far the Centers for Medicare & Medicaid Services can go in reshaping the Affordable Care Act through regulation, highlighting a principle that will likely be applied in similar Administrative Procedure Act challenges, says Michael King at Brownstein Hyatt.

  • DOJ China Container Indictments Signal Global Cartel Risk

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    The U.S. Department of Justice's recent announcement that it had indicted Chinese manufacturers for conspiring to drive up the price of shipping containers sold in the U.S. illustrates the Antitrust Division's interest in pursuing overseas cartel conduct, especially in China, signaling that multinational companies with employees abroad should strengthen antitrust compliance to avoid running afoul of U.S. national security policy, say attorneys at Squire Patton.

  • More Cos. Will Copy SpaceX's Shareholder Proposal Opt-Out

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    For more than 80 years, the shareholder proposal looked like a federal right guaranteed to all public company investors, but after SpaceX opted out before its recent initial public offering, other companies are likely to follow, says Mohsen Manesh at the University of Oregon School of Law.

  • How DOJ Is Approaching Monitorship After Signaling Limits

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    As the U.S. Department of Justice keeps more monitors in place than expected, a look at the matters in which prosecutors are maintaining oversight reveals the sort of companies enforcers might trust to self-remediate, and also those that may receive independent supervision, say attorneys at Kendall Brill.

  • Opinion

    DHS' World Cup Influencer Warning Overreads Visa Law

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    The U.S. Department of Homeland Security’s reported position that foreign influencers covering the 2026 World Cup need work visas if their content is monetized runs contrary to both legislative intent and long-standing precedent that structure the visa inquiry around labor market substitution, says Jun Li at Reid & Wise.

  • 3 Steps For Banks As Section 1071 Rule Finally Becomes Final

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    Some community banks and other lenders will get some breathing room in the final Section 1071 rule exempting them from small business lending reporting duties, but other reporting institutions should update applications, systems and staff training ahead of the 2028 compliance date, says Memrie Fortenberry at Jones Walker.

  • Why DOE Isn't Phasing Out Appliance Efficiency Regs

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    While the U.S. Department of Energy recently acted on President Donald Trump's 2025 executive order requiring it to consider sunsetting many energy regulations, the DOE has not proposed phasing out efficiency standards for appliances and industrial equipment — but it could pursue other approaches to ease such requirements, say attorneys at HWG.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Takeaways From 1st Del. Ruling Applying Moelis Amendments

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    Delaware corporations should carefully review contractual arrangements and governance documents following the Court of Chancery's recent enforcement of a non-Delaware forum selection clause in a CEO's employment agreement under 2024 amendments to the state's General Corporation Law, say attorneys at Morgan Lewis.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

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