Public Policy

  • September 23, 2026

    9th Circ. Won't Rehear Klamath Project ESA Ruling

    The Ninth Circuit said Wednesday it won't disturb a divided three-judge panel's ruling affirming that a federal regulator must abide by the Endangered Species Act's interagency consultation requirements as it operates a water management project in northern California and southern Oregon.

  • September 23, 2026

    Wash. Judge Blocks Ed. Dept. Mental Health Grant Cuts

    A Washington federal judge preliminarily enjoined the U.S. Education Department from terminating up to $1 billion in K–12 mental health grants serving 15 states, finding states provided sufficient evidence that the agency was planning to unlawfully cut those grants.

  • September 23, 2026

    Exelon Investors' $40M Deal In Bribery Case Wins Final OK

    An Illinois federal judge on Tuesday granted final approval to a $40 million settlement resolving Exelon shareholders' claims against company leaders connected to the Commonwealth Edison bribery scandal, over the objections of some investors who argued that most benefits were already paid, previously implemented, or too small to justify releasing valuable claims.

  • September 23, 2026

    DOJ Partially Backs Apple In Epic High Court Contempt Case

    The U.S. Department of Justice told the U.S. Supreme Court in an amicus brief that the Ninth Circuit wrongly faulted Apple for charging a 27% commission on transactions linked out from apps, but it backed other parts of the California federal court's contempt order won by Epic Games.

  • September 23, 2026

    Illinois Swipe-Fee Ban Also Blocked For Federal Credit Unions

    An Illinois federal judge expanded an order blocking the state from enforcing its landmark ban on tax-and-tip swipe fees against most banks, ruling that an injunction she granted earlier this year extends to federal credit unions in light of a new federal rule that authorizes them to collect interchange fees.

  • September 23, 2026

    Mich. Court Keeps Freeze On Voting Data Deletion In Place

    A temporary restraining order preventing the deletion of voter records from the Aug. 4 primary election will remain in place pending the release of administrative rulings from the Michigan Secretary of State, a Michigan judge ruled Tuesday.

  • September 23, 2026

    Mich. Judge Gives Cannabis Cos. Chance To Fix Complaint

    A Michigan federal judge has given two companies challenging the city of Menominee's marijuana licensing process a chance to amend their complaint after the city argued that a waiver signed as part of a license application bars their nine-count lawsuit.

  • September 23, 2026

    Ex-NY County Top Official's 12-Year Sentence Cut To 10

    A New York federal judge sentenced former Long Island politician Edward Mangano to 10 years for corruption Wednesday, trimming a 12-year term she handed him after the Second Circuit tossed a jury's finding that he committed bribery.

  • September 23, 2026

    FTC Backs Proposed Education Dept. Accreditation Reforms

    The Federal Trade Commission has endorsed the U.S. Department of Education's proposal to expand higher education accreditation options and promote competition among accreditation agencies.

  • September 23, 2026

    Md. Governor Calls For Ending Data Centers' Tax Exemption

    Maryland's governor became the latest state executive Wednesday to back off giving tax breaks to data centers, a development becoming increasingly common as the midterm elections draw near.

  • September 23, 2026

    Del. Justices Weigh If Corporations Can Vote In Beach Town

    The ACLU of Delaware urged the state's high court Wednesday to revive its challenge to Fenwick Island's practice of allowing property-owning corporations and other artificial entities to vote in municipal elections, arguing the system unlawfully dilutes residents' votes.

  • September 23, 2026

    Sens. Await FTC Reply On Amazon, Walmart Shopping Bots

    U.S. Sens. Tammy Baldwin and Rick Scott are waiting to receive a substantive response from the Federal Trade Commission to their request for an investigation into how Amazon and Walmart's AI shopping assistants handle "Made in the USA" products, Baldwin's office confirmed Wednesday.

  • September 23, 2026

    OpenAI Looks To End SpaceXAI's Apple Deal Antitrust Case

    OpenAI is urging a Texas federal court to end an antitrust case from Elon Musk's SpaceXAI over a deal integrating ChatGPT into Apple devices, saying the pact is not exclusive and does not block competition from rival chatbots.

  • September 23, 2026

    Fla. Panel Won't Hear City's Immunity Bid In Partnership Suit

    A Florida state appellate panel issued a split decision on Wednesday dismissing a bid by a city to overturn an order striking its motion to argue for immunity in a lawsuit over a public-private partnership to build a green waste facility near protected wetlands, saying it lacks jurisdiction. 

  • September 23, 2026

    Ute Tribe Says Split-Estate Lands Remain Indian Country

    The Ute Indian Tribe has urged the Tenth Circuit to overturn a Utah federal judge's ruling that the surface of split-estate lands within its reservation's original boundaries is not Indian Country, arguing the appellate court settled the issue decades ago.

  • September 23, 2026

    DC Pied-à-Terre Tax Plan Targets Pricey Second Homes

    Washington, D.C., would impose additional property tax on homes worth about $2.6 million or more that are not rented out or used as primary residences under legislation before the district council.

  • September 23, 2026

    Senate Confirms Abbott Aide To Texas Federal Bench

    The Senate voted 50-47, along party lines, on Wednesday to confirm Angela Colmenero, deputy chief of staff to Texas Gov. Greg Abbott, to serve on the Southern District of Texas.

  • September 23, 2026

    NY Judge Dismisses States' DOGE Treasury Data Access Suit

    A New York federal judge Wednesday tossed several states' lawsuit that challenged Department of Government Efficiency staff access to U.S. Department of the Treasury data, saying DOGE's dissolution rendered the states' access claims moot and that they failed to allege that any federal funding due to them was ultimately canceled.

  • September 23, 2026

    Cable Group Opposes FCC Plan For Robocall 'Scorecard'

    A major cable industry group blasted a plan by the Federal Communications Commission to let consumers use a "scorecard" to rate their voice service providers' efforts to block robocalls, saying it will divert FCC resources from actual enforcement.

  • September 23, 2026

    Fed. Grants Bind Railways To Fed. Labor Law, NMB Argues

    The Eleventh Circuit should affirm a Florida federal judge's finding that a high-speed rail operator is subject to the Railway Labor Act, the National Mediation Board argued, saying the operator can't wriggle its way out of complying because it runs an intercity rather than interstate rail line.

  • September 23, 2026

    Judge Orders Feds To Wait 3 Days Before ICE Transfers

    A Massachusetts judge has ordered federal immigration authorities to provide three days' notice to detainees who request bond hearings before they can be moved from the First Circuit, where they have a right to a bond hearing, to another circuit where the law may be different.

  • September 23, 2026

    BofA Customers Drop Suit Over Post-Jan. 6 Data-Sharing

    A proposed class action accusing Bank of America NA of illegally sharing customer information with law enforcement after the Jan. 6, 2021, U.S. Capitol attack has quietly come to an end, according to a notice filed late Tuesday in Florida federal court.

  • September 23, 2026

    Ga. Appeals Court Says Atlanta Can't Escape Injury Verdict

    The Georgia Court of Appeals on Wednesday said a trial court rightly refused to set aside a $140,000 verdict against the city of Atlanta in a woman's lawsuit over a broken wrist she said she suffered when she tripped over the metal remnants of a traffic sign on the sidewalk. 

  • September 23, 2026

    Chinese Graphite Electrodes May See Retroactive Duties

    The U.S. Department of Commerce identified a surge of imported Chinese large-diameter graphite electrodes in advance of duties being imposed on those goods and preliminarily determined that critical circumstances exist for the department to retroactively apply countervailing duties, according to a Wednesday notice. 

  • September 23, 2026

    GOP Leaders Say NJ Is Withholding Voter List Records

    National and New Jersey Republicans have filed a lawsuit seeking the disclosure of the Garden State's voter-list maintenance records, alleging that state and local officials haven't fully complied with their requests.

Expert Analysis

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • HSR Deals Proceed More Steadily Than Narratives Suggest

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    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

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    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

  • Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

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    Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

  • What's Inside Proposed, Expanded NY Stablecoin Regulations

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    New York's recently proposed regulations for payment stablecoin issuers would, if adopted, increase the regulatory burdens of a state license, and midsize issuers considering a conversion to a federal charter should weigh the associated costs of both options, say attorneys at Lowenstein Sandler.

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