Public Policy

  • September 30, 2026

    Trump's Rationale On Forced Labor Tariffs Misses, CIT Told

    The U.S. Trade Representative's report justifying President Donald Trump's latest round of global tariffs based on imports produced with forced labor should prove insufficient, counsel for small businesses told a panel of U.S. Court of International Trade judges during oral arguments Wednesday.

  • September 30, 2026

    FCC Eases Federal Enviro Reviews Of Broadband Projects

    The Federal Communications Commission voted Wednesday to substantially pare back environmental impact reviews of broadband deployment projects.

  • September 30, 2026

    States Back AGs' 6th Circ. Bid To Keep RealPage Rent Claims

    A contingent of 25 states is backing a Sixth Circuit appeal from several other state-level enforcers challenging settlements in private litigation that could block them from seeking damages over claims that landlords used RealPage's software to collude on residential rental rates.

  • September 30, 2026

    11th Circ. Seems Wary Of Ga. Campaign Finance Challenge

    The Eleventh Circuit appeared reluctant Wednesday to revive the Libertarian Party of Georgia and the Georgia Green Party's challenge to a Peach State campaign finance statute they say gives traditional political parties an unfair advantage, pressing their attorney on whether they had standing to sue. 

  • September 30, 2026

    3 States Ask High Court To Block Abortion Shield Laws

    Louisiana, Arkansas and Alabama urged the U.S. Supreme Court on Wednesday to strike down shield laws for reproductive care in New York, California and Massachusetts, alleging they illegally allow the mailing of abortion medication into states that restrict or ban abortion.

  • September 30, 2026

    International Group Agrees To Tackle Excess Steel Capcity

    The U.S., 31 other countries and the European Union agreed Wednesday to coordinate and strengthen trade measures against global excess steel capacity, according to a statement issued by the U.S. Trade Representative.

  • September 30, 2026

    Senate Leaders Unveil Project Permitting Overhaul

    U.S. Senate energy and environmental leaders on Wednesday unveiled bipartisan legislation aimed at speeding up the permitting of infrastructure projects, and said they hope to get the bill through the chamber during the lame-duck session following November's elections.

  • September 30, 2026

    College Sports Overhaul Still Uncertain Despite Senate Lift

    A yearslong effort to comprehensively regulate college sports surged ahead this week with the U.S. Senate's easy approval of bipartisan legislation, but lingering concerns about the bill's NCAA antitrust shield and other fraught policy fights are clouding its future.

  • September 30, 2026

    Judge Backs CMS' Contested Organ Procurement Metrics

    Federal health officials didn't violate federal law when they implemented a competitive rule that will alter how organ procurers are rated by decertifying low performers, a Florida federal judge ruled, a holding that could bring wide changes to the organ donor network. 

  • September 30, 2026

    Hemp Interests Say Texas THC Rule Defies Federal Law

    A trio of hemp interests challenging a Texas policy redesignating intoxicating hemp products as Schedule I substances have urged a federal judge to declare that the policy is both preempted by federal law and inconsistent with Texas state law.

  • September 30, 2026

    DOJ Accuses Judges Of Ethics Violations With Press Remarks

    Several Minnesota federal judges ran afoul of their ethical obligations when they commented on President Donald Trump's immigration policies in a recent news article, the U.S. Department of Justice said in a judicial misconduct complaint filed Wednesday.

  • September 30, 2026

    DC Judge Sends Shinnecock Land Dispute To NY Court

    A D.C. district court judge is moving a challenge over a decision to place 84 acres into a "restricted fee" status for the Shinnecock Indian Nation to a New York district court, saying the interest in "having local controversies decided at home tips heavily in favor of transfer."

  • September 30, 2026

    NJ Co. Says PPE Stockpiling Was Chinese Sovereign Activity

    A New Jersey company accused of helping China hoard personal protective equipment to create a monopoly at the start of the COVID-19 pandemic told the Eleventh Circuit that a lower court erred in finding that the allegations fall within the commercial activity exception to sovereign immunity.

  • September 30, 2026

    DOJ Atty Picked For Judgeship Probed On Fulton County Raid

    A top U.S. Department of Justice official tapped for a federal judgeship faced questions from Democratic lawmakers on Wednesday about the department's investigation in Fulton County, Georgia, over Trump's allegations of fraud in the 2020 election.

  • September 30, 2026

    Texas AG Says ABA Stifling Law School Competition

    The Texas Attorney General announced an investigation into the American Bar Association relating to alleged anticompetitive conduct in the association's accreditation of law schools, claiming Wednesday that the ABA "weaponized its accreditation authority" to push "unconstitutional racial and gender preference requirements."

  • September 30, 2026

    Sen. Blackburn Sues Smith For Seizing Phone Records

    U.S. Sen. Marsha Blackburn alleges in a federal complaint filed Wednesday that Jack Smith illegally subpoenaed her phone records as part of an investigation into alleged efforts to overturn the results of the 2020 presidential election.

  • September 30, 2026

    Split 9th Circ. Keeps Ariz. Land Swap In Place

    The Ninth Circuit won't rethink a decision to allow a 2,500-acre land exchange within Arizona's Tonto National Forest that tribal nations and conservation groups say will destroy a sacred Apache worship site, with several judges voicing opposition in a pair of dissents and a statement saying the circuit court's 2024 decision in the dispute was wrong.

  • September 30, 2026

    Commerce Finds Chinese, Indian Electrodes Being Stockpiled

    Imports of electrodes used for smelting from India appear to have surged in response to the opening of a countervailing duty investigation, the U.S. Department of Commerce preliminarily found Wednesday, setting up possible retroactive duties on the goods.

  • September 30, 2026

    Bessent Owes $910K In Taxes As Limited Partner, Wyden Says

    Treasury Secretary Scott Bessent should pay more than $910,000 in payroll taxes as a hedge fund limited partner after the Second Circuit ruled that such partners are subject to the self-employment tax, Senate Finance Committee ranking member Ron Wyden said Wednesday.

  • September 30, 2026

    Judge Orders ICE Reports After Hold Room Violations

    A Maryland federal judge ordered U.S. Immigration and Customs Enforcement to provide cell count and medical care data for its short-term holding facilities in Baltimore, largely granting a detainee class's push to enforce an injunction issued over "deplorable" and likely unconstitutional conditions.

  • September 30, 2026

    Ex-Budget Official Sentenced To 7 Years After Fleeing US

    Former Connecticut budget official Konstantinos Diamantis, who fled to Greece before learning his fate on federal corruption charges, was sentenced while absent on Wednesday to seven years in prison, if extradition efforts are successful, and immediately faced new litigation over his state government pension.

  • September 29, 2026

    OpenAI Knew AI Was Rogue Before Hugging Face, Suit Says

    A public interest law nonprofit sued OpenAI in California state court Tuesday, seeking to hold the ChatGPT maker liable for a July cyberattack on Hugging Face, arguing OpenAI "straightforwardly violated California law" by failing to rein in hundreds of rogue AI agents that OpenAI knew were running amok without proper safeguards.

  • September 29, 2026

    RealPage Wins Injunction Against NY Rent Software Law

    A federal judge in Manhattan granted RealPage's request for a preliminary injunction blocking a New York law banning building owners from using the property management platform to set residential rents, saying the company is "marginally" likely to prevail on its claim the statute regulates speech protected by the First Amendment.

  • September 29, 2026

    DOJ Says Trump Name Is Key To Kennedy Center Survival

    The U.S. Department of Justice told the D.C. Circuit the Kennedy Center's donors will flee if his name isn't put back on the building, arguing in its opening brief to the appeals court that the institution faces "financial ruin" without "appropriate recognition" for Trump.

  • September 29, 2026

    Ministry Stance In Anti-LGBTQ+ Hiring Suit Confuses 9th Circ.

    An en banc Ninth Circuit struggled Tuesday to understand a Washington-based Christian ministry's legal stance as it sought to preserve its ability to reject job applicants who are gay, with several judges suggesting it was immune from enforcement action since the state recognized the jobs as ministerial and therefore constitutionally exempt from anti-discrimination laws.

Expert Analysis

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

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    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • Upping Fed, FDIC's Insider Loan Cap May Ease Bank Burdens

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    Coordinated Federal Deposit Insurance Corp. and Federal Reserve proposals to raise the 1970s-era cap for bank executives borrowing from their institutions represent a long-needed regulatory recalibration that would lighten compliance obligations caused by the outdated ceiling without diminishing the original protections against conflicts of interest, say attorneys at Ballard Spahr.

  • What Calif.'s New Focus On Microplastics Means For Cos.

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    The recent move by California's Department of Toxic Substances Control to designate microplastics as candidate chemicals under its Safer Consumer Product regulations does not create a new product restriction — but it expands the agency's future reach by putting microplastics on the department’s regulatory runway, says Gregory Berlin at Alston & Bird.

  • 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

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    The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

  • Recent OCC Charter Approvals Signal Fintech Momentum

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    The Office of the Comptroller of the Currency's recent charter approval for Circle, along with faster Federal Deposit Insurance Corp. review procedures, signals a more workable path to national bank and trust charters, meaning fintech firms should prepare regulator-ready applications and plan for intensified competition, say attorneys at Davis Wright.

  • Midyear Trends, Takeaways As Securities Class Actions Surge

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    High numbers of securities class actions through June suggest filings will stay elevated, with factors like changing enforcement attitudes, media scrutiny and the proliferation of potential defendants serving as both cause and effect in increased litigation involving AI-related disclosures, health and tech companies, and foreign issuers, say attorneys at Alston & Bird.

  • How To Approach Rising Foreign Direct Investment Hurdles

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    Attorneys advising on cross-border transactions need to take a practical but risk-aware approach as U.S.-led deals are encountering longer and more intrusive foreign direct investment reviews, say attorneys at Wilson Sonsini.

  • Other Transaction Authority May Change Military Construction

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    Early use of the Pentagon’s expanded authority to use other transaction agreements for defense construction projects suggests it may become a consequential change that draws new entrants into the marketplace, so participants should be cognizant of how it differs from the familiar Federal Acquisition Regulation model, say attorneys at Holland & Knight.

  • Mapping A Compliance Framework For AI Chatbot Operators

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    The Federal Trade Commission's recent artificial intelligence guidance, together with emerging state AI chatbot laws, wiretapping statutes and telecommunications requirements, carry significant implications for consumer-facing chatbot and customer service tool operators that require a layered disclosure framework addressing multiple regulatory touchpoints, say attorneys at Winston Taylor.

  • Fashion Greenwashing Risk Goes From Reputational To Legal

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    Fashion brands now face greenwashing risks that extend beyond reputational damage, with California's extended producer responsibility law taking effect soon, and regulatory enforcement and class actions increasing around terms like "sustainable" and "carbon-neutral" — so companies must ensure their marketing is backed up by evidence, says Benjamin Thompson at Thompson LLP.

  • Bank Charter Denial Offers Road Map For Stablecoin Issuers

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    The Office of the Comptroller of the Currency's recent denial of Wise's bank charter application signals that stablecoin issuers should expect rigorous scrutiny of anti-money laundering controls, governance, management expertise and affiliate compliance history when applying for federal approval, say attorneys at Katten.

  • Complying With Calif. Crypto License Law's 11th-Hour Rewrite

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    Financial businesses that applied early for the digital asset license now required in California should check their filings and compliance decisions against last-minute updates to the law and its rules, as overlooked changes could leave companies budgeting for nonexistent bonds, relying on an outdated exemption or racking up steep fines, say attorneys at Astraea Counsel.

  • What To Know As DOJ Antitrust Biz Review Letters Return

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    The revival of the U.S. Department of Justice Antitrust Division's business letter review program reflects a trend of engagement with the business community, but the program's value will depend on the government's response speed, depth of analysis and ability to provide meaningful practical guidance, say attorneys at MoFo.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • How Data Broker Laws Are Reaching Consumer-Facing Cos.

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    As states, most recently New Jersey, expand the scope of data broker laws to cover some customer data sharing, consumer-facing companies should reassess advertising, vendor and partner arrangements to determine whether they trigger registration, contracting and governance obligations, says Sam Castic at Hintze Law.

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