Public Policy

  • October 13, 2026

    GOP Texts Not Intrusive Enough For Privacy Suit

    A Pennsylvania federal judge has permanently tossed a man's proposed class action accusing the National Republican Congressional Committee of spamming him with texts asking for donations, saying he could have taken several FCC-approved steps to stop them himself.

  • 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.

Expert Analysis

  • FDIC Standards Body Could Ease Bank Vendor Due Diligence

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    The Federal Deposit Insurance Corp.'s recently proposed standards body for bank vendors could streamline due diligence and onboarding, but banks and their third-party service providers alike should still monitor open questions around oversight, certification costs and governance, say attorneys at Clark Hill.

  • Navigating A Key Inflection Point In Biosimilar Sector M&A

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    As biosimilar mergers and acquisitions gain notice amid U.S. Food and Drug Administration reforms, a maturing patent framework and a looming patent cliff, companies diversifying into the higher-growth biologics space should align their regulatory, intellectual property and transactional strategies, say attorneys at Skadden.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • How Employers Can Navigate NLRB Rulings Ripe For Reversal

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    Given a recent National Labor Relations Board memo seeking to reverse several precedents — including on severance agreements and workplace policies — employers should prepare now to restore broader protections when the board acts, while following the law as it exists today, says Howard Lavin at Thompson Coburn.

  • What Comes Next For Digital Asset Regs After Clarity Act Flop

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    After the U.S. Senate recently blocked the Digital Asset Market Clarity Act, agency rulemaking could still offer a near-term remedy, and companies meanwhile should monitor the existing framework assembled from enforcement precedent and case law in the absence of a purpose-built statute, say attorneys at Ropes & Gray.

  • FDA Bill Shows Risk Of Inexact Statute Text, Post-Loper Bright

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    A recent House bill to amend the Food and Drug Administration's drug preclusion framework reveals the increased importance of precision when drafting statutory rules in a post-Loper Bright landscape, as several minor errors in the text could lock in unintended results that will be difficult to repeal, say attorneys at Venable.

  • Species 'Harm' Definition Rollback Brings Risk For Developers

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    A rule recently adopted by federal agencies rescinds the definition of "harm" in Endangered Species Act regulations to exclude habitat destruction — but while the move is aimed at reducing regulatory burdens, it creates new uncertainty for developers, and may trigger increased environmental protections in California, say attorneys at Cox Castle.

  • $95M Nev. Case Provides Clues On Wound Care Enforcement

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    Federal prosecutors’ recent U.S. v. Dubin indictment, charging a Nevada physician with healthcare fraud over an alleged $95 million Medicare billing scheme involving amniotic wound allografts, provides a clearer picture of an increasingly data-driven enforcement strategy that follows the entire wound care transaction, say attorneys at Bass Berry.

  • DOJ Fraud Memo Highlights Trade Enforcement Playbook

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    A recent U.S. Department of Justice memo that outlines the Fraud Enforcement Division's priorities demonstrates that customs and trade fraud enforcement has entered a new and far more aggressive phase, with recent cases highlighting how the False Claims act is driving the new push, say attorneys at Foley & Lardner.

  • HPE-Juniper Settlement Teaches Key Tunney Act Lessons

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    A California federal court's recent approval of the U.S. Department of Justice's settlement with Hewlett Packard over its Juniper Networks acquisition offers legal practitioners some crucial lessons, including on unique tech-sector remedies for mergers and acquisitions and the continued viability of the Tunney Act, says Shubha Ghosh at Syracuse University College of Law.

  • What Opt-In Framework Means For Novel Space Activities

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    The U.S. Department of Commerce's Office of Space Commerce is advancing a voluntary certification framework for commercial space activities not covered by existing licenses — but it's unclear whether this approach becomes a durable mission authorization regime, and separate legal permissions from agencies may still be necessary, say attorneys at Morgan Lewis.

  • Negotiating The Scope Of The Stablecoin Customer ID Rule

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    Though comments on bank regulators’ proposed rule for stablecoin issuers under the Genius Act generally agree that oversight would help prevent illicit activity, agencies must reconcile disagreement over whether to extend customer identification requirements from issuers' primary-market relationships to secondary-markets activity, say attorneys at Ballard Spahr.

  • How To Improve Hiring Transparency Amid Ghost Job Scrutiny

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    Recent regulatory and state law scrutiny of ghost job postings for roles that don't exist or aren't being filled signals a shift toward hiring transparency, and employers that fail to adapt risk enforcement actions, consumer protection claims and financial penalties, say attorneys at Foley & Lardner.

  • FTC Push May Create Dual Origin-Claim Risks For Contractors

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    Recent Federal Trade Commission actions involving Made in USA advertising requirements offer a preview of enforcement themes that may impose dual compliance burdens on government contractors that are also subject to Federal Acquisition Regulation Buy American restrictions, says Amy Hoang at Seyfarth.

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