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Public Policy

January 23, 2026
DC Circ. Backs FERC In Oil Pipeline Pricing Dispute

The D.C. Circuit on Friday denied a petition challenging the method used by the Federal Energy Regulatory Commission to determine the value of oil flowing through an Alaskan pipeline, finding the agency correctly considered inflation and other factors.
January 23, 2026
USDA Defends SNAP Pilot In Colo. Legality Challenge

The U.S. Department of Agriculture told a federal judge that Colorado's request for an injunction restricting it from enforcing a new pilot project for Supplemental Nutrition Act Program recipients should be rejected because the state has not suffered any actual harm.
January 23, 2026
Heart Valve Deal Was Blocked Over Innovation Concerns

The D.C. federal court ruling earlier this month that upended a deal for Edwards Lifesciences Corp. to purchase JenaValve Technology Inc. was based on concerns that the deal would reduce innovation by eliminating competition for a heart valve treatment that's still being developed, according to a ruling unsealed on Friday by the judge who issued it.
January 23, 2026
Attys Say ICE Flouting Order Barring Noncitizens' Removal

Attorneys for asylum seekers, who are a part of a class the government is barred from deporting until their immigration cases conclude, told a Maryland federal judge that the Trump administration keeps deporting class members anyway.
January 23, 2026
High Court's Med Mal Ruling Won't Spark Rise In Suits

The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.
January 23, 2026
4th Circ. Maroons Copyright Fight Over Pirate Ship Pics

The Fourth Circuit on Friday relieved for good North Carolina's government from a long-running copyright infringement suit over photos and videos of a famous pirate shipwreck, saying a lower court was wrong to revive the claims in the case, which at one point went to the U.S. Supreme Court.
January 23, 2026
Green, Tribal Orgs. Fear Utah Lawmaker 'Attack' On Monument

Environmental and tribal groups have warned that Utah's Republican members of Congress are planning to launch an "attack" against the Grand Staircase-Escalante National Monument as they seek to overturn a resource management plan designed to protect the public land as an ecological and cultural resource.
January 23, 2026
Ill. High Court Won't Grant Posthumous Innocence Certificate

The Illinois Supreme Court denied a posthumous certificate of innocence for a man who spent over two years in prison for drug charges due to Chicago police corruption, finding Friday that the certificate is a "personal statutory right" that cannot survive the petitioner's death.
January 23, 2026
$7B Grain Belt Power Line Project Can Move Forward In Ill.

The Illinois Supreme Court on Friday allowed Grain Belt Express LLC to move forward with plans to stretch a high-voltage direct current transmission line across nine southern Illinois counties as part of a $7 billion power supply project, reversing a lower court that said the company behind the project hadn't properly shown that it could finance it.
January 23, 2026
DC, States Back Flowers Foods Driver In High Court Arb. Case

Whether a worker qualifies for an arbitration exemption depends on what they do, not on the legal structure of their work, 14 states and the District of Columbia told the U.S. Supreme Court, backing a driver for Flowers Foods seeking to keep his wage suit out of arbitration.
January 23, 2026
Instacart, DoorDash, Uber Can't Block NYC's Delivery Laws

Two New York federal judges rejected requests by delivery companies Instacart, DoorDash and Uber to halt New York City laws regulating tipping options, minimum wage and disclosure requirements, saying that the companies didn't support their arguments that the laws violate the First Amendment and federal preemption principles.
January 23, 2026
Feds Appeal Ruling On ICE Detainee Bond Hearings

The government is appealing a Massachusetts federal court's finding that U.S. Immigration and Customs Enforcement detainees whom the agency apprehended in the state are entitled to a bond hearing.
January 23, 2026
Massachusetts Macy's Store Overvalued, Tax Board Says

A Macy's store in Massachusetts was overvalued by a local assessor, the state's Appellate Tax Board said Friday, reducing assessed values for the store for years 2020-2022.
January 23, 2026
Lawmakers Float Bill To Track Content Used In Training AI

A bill introduced in the U.S. House of Representatives would give musicians, artists, writers and copyright holders the ability to determine if their works were used to train artificial intelligence without their permission.
January 23, 2026
Bipartisan House Bill Would Regulate Hemp-Derived CBD

Members of Congress on Thursday unveiled a bipartisan bill to legalize and regulate the manufacture and sale of hemp-derived CBD products, while a federal ban on virtually all consumable hemp products is still due to take effect in approximately 10 months.
January 23, 2026
Enviros Seek Quick Win In Mont. National Forest Logging Row

A group of environmental nonprofits is asking a federal district court for a summary judgment win in their challenge to a plan to clear-cut 12,331 acres in Montana's Flathead National Forest, saying the project's biological opinion does not reflect the litany of construction that is already underway adjacent to the property.
January 23, 2026
Voter Groups Ask To Renew Halt On Ga.'s Food & Water Ban

Voting rights groups asked a federal judge Thursday to reinstate an injunction against Georgia enforcing a ban on handing out food and water to voters in line outside of polling places, arguing a recent Eleventh Circuit opinion vacating the injunction didn't undermine any of their substantive arguments.
January 23, 2026
News Rating Org. Latest To Fight 'Ideological' FTC Subpoena

News rating organization NewsGuard became the latest group to challenge a Federal Trade Commission subpoena looking for censorship of conservative viewpoints, asking the agency to quash information demands it said was born of FTC Chairman Andrew Ferguson's "ideologically motivated effort to censor and otherwise discriminate" against it.
January 23, 2026
Split 4th Circ. Sides With Feds In DHS Grant Termination Row

A split Fourth Circuit panel ruled Friday that a district court did not abuse its discretion in finding a challenge to the federal government's termination of a citizenship preparation grant program likely belongs in the U.S. Court of Federal Claims.
January 23, 2026
EU To Suspend US Tariff Countermeasures Another 6 Months

The European Union will suspend tariff countermeasures covering more than €93 billion ($110 billion) of U.S. goods another six months after President Donald Trump backed down from tariff threats this week in reaching a preliminary agreement on U.S. security interests in Greenland, an official said Friday.
January 23, 2026
Judge Imposes Higher Bar To Deport Professors And Students

The Trump administration will now face a higher evidentiary burden to deport certain noncitizens after a Massachusetts federal court ruled it violated professors' and students' free speech rights for trying to remove them for their Palestinian advocacy.
January 23, 2026
DJI Challenges Broad FCC Ban On Sales Of Its Drones

Drone-maker DJI has petitioned the Federal Communications Commission to reconsider a December decision the company says effectively bars many of its products from being marketed, sold or imported into the U.S., arguing the agency exceeded its authority and violated the company's constitutional rights.
January 23, 2026
Feds Say NY School's Native American Mascot Rebrand Illegal

A Long Island school district is facing a federal Civil Rights Act violation for complying with New York's ban on the use of Indigenous mascots and imagery in public schools.
January 23, 2026
FCC Considers Revoking Texas Radio Station Licenses

The Federal Communications Commission has designated for hearing a proposed transfer of control involving three Texas radio stations, citing substantial questions about unauthorized foreign control, misrepresentations, and lack of candor that could ultimately lead to license revocation.
January 23, 2026
Mass. Judge Seeks Input On Kalshi Sports Ban

A Massachusetts state court judge said Friday he is still grappling with how to craft an order barring prediction market Kalshi from promoting sports-related event offerings in the state without infringing on the rights of existing contract holders, asking counsel for the company and the Massachusetts Office of the Attorney General for help hammering out the details.

Expert Analysis

2025 Brought A New Paradigm For Federal Banking Regulation

A series of thematic shifts defined banking regulation in 2025, including a fundamental reform of prudential supervision, a strategic easing of capital constraints, steps to streamline merger reviews, and a new framework for fair access and entrants seeking to offer banking services, say attorneys at Simpson Thacher.
What 2025 Transpo And Logistics Legal Trends Mean For 2026

2025 was challenging for the transportation and logistics sector, with emergent trends including dramatic federal policy shifts, developments in tort risk, and a host of mergers and acquisitions — but a review of these themes offers a useful playbook for where the industry is headed in 2026, says Jonathan Todd at Benesch.
How Cos. Can Roll With NY's New Algorithmic Pricing Rules

Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
2025 State AI Laws Expand Liability, Raise Insurance Risks

As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
Series

Law School's Missed Lessons: Practical Problem Solving

Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
Crypto In 2025: From Federal Deregulation To State Action

The cryptocurrency enforcement landscape evolved in 2025, marked by federal deregulatory trends and active state attorney general enforcement, creating both opportunity and risk for businesses navigating the digital asset market, say attorneys at Cozen O'Connor.
How CFTC Enforcement Shifted In 2025 And What's Next

The U.S. Commodity Futures Trading Commission pivoted sharply under acting Chairman Caroline Pham in 2025, resulting in a pared-back enforcement docket, sweeping policy changes intended to provide greater transparency, and a renewed focus on fraud prevention and maintaining market integrity for the CFTC's core markets, say attorneys at Moore & Van Allen.
Learning From 2025 FCA Trends Targeting PE In Healthcare

False Claims Act enforcement trends and legislative developments from this year signal intensifying state and federal scrutiny of private equity's growing footprint in healthcare, and the urgency of compliance, says Lisa Re at Arnold & Porter.
Reviewing 2025's State And Federal AI Regulations

In light of increasing state and federal action to oversee the use of artificial intelligence, companies that develop or deploy the technology should keep abreast of current and forthcoming AI laws and consider their applicability to their business activities, says Jessica Brigman at Spencer Fane.
Software Patents May Face New Eligibility Scrutiny

November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.
What Trump Order Limiting State AI Regs Means For Insurers

Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.
Opinion

A Uniform Federal Rule Would Curb Gen AI Missteps In Court

To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
Investment Advisers Should Stay Apprised Of New AI Risks

The U.S. Securities and Exchange Commission's recently issued annual examination priorities reiterate a host of regulatory implications for investment advisers using artificial intelligence tools, highlighting that meaningful ongoing due diligence can help mitigate both operational and regulatory surprises amid AI's rapid evolution, says Christopher Mills at Sidley.
New Rule Shows NRC Willing To Move Fast To Reform Regs

The Nuclear Regulatory Commission’s decision to forgo public comment and immediately rescind certain rules governing adjudicatory procedures, federal tort claims and disclosure of licensee information signals the agency's intent to accelerate the regulatory streamlining efforts ordered by the president this spring, say attorneys at Morgan Lewis.
AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities

Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.