Public Policy

  • September 16, 2026

    AP Sues Courts Over Rule Blocking Habeas Records Access

    The Associated Press, in a new lawsuit, is fighting the federal courts for digital access to habeas filings, arguing that a rule curtailing electronic access to the records is unconstitutional and has hampered coverage of the tens of thousands of such cases filed since President Donald Trump's second term began.

  • September 16, 2026

    Newman Saga Prompts Bill To Limit Judicial Suspensions

    The long-running saga over Federal Circuit Judge Pauline Newman's fitness to remain on the court has exposed "major flaws" in the judicial accountability system, according to a Republican member of the House who introduced a bill Wednesday to reform it.

  • September 16, 2026

    House Panel Advances Digital Asset Tax Framework

    Congress would create parity between the tax treatment of digital assets and traditional financial assets, as well as institute safeguards against abuse, under a bipartisan digital asset tax framework package passed by the House Ways and Means Committee on Wednesday.

  • September 16, 2026

    Zillow Must Arbitrate MLS Claims, Compass Claims Paused

    An Illinois federal court has refused Zillow's request for an injunction in its case accusing a Chicago-area multiple listing service of working with Compass to block access to home listings and sent the claims against the MLS to arbitration.

  • September 16, 2026

    1st Circ. Hints Trump Admin Sought To Skirt Review Of Cuts

    The First Circuit on Wednesday repeatedly suggested that the Trump administration had sought to evade court review by intentionally failing to issue written guidance before it began shuttering federal programs targeted by the president in an executive order last year.

  • September 16, 2026

    BofA Settles Suit Over Maryland Pandemic Benefits Cards

    Bank of America on Wednesday agreed to settle a proposed class action alleging it mismanaged Maryland's unemployment benefits debit cards during the pandemic.

  • September 16, 2026

    Del. Defends Absentee Voting Law At State High Court

    Two Delaware Senate candidates urged the Delaware Supreme Court on Wednesday to strike down the state's permanent absentee voting system as unconstitutional, while state election officials defended the law as a valid way to administer absentee voting for people who remain eligible over multiple elections.

  • September 16, 2026

    SEC Floats Eliminating Shareholder Proposal Rule

    The U.S. Securities and Exchange Commission on Wednesday proposed a number of changes to the way publicly traded companies seek shareholder input, including by promising to eliminate one of the pathways shareholders can use to place their own proposals on corporate ballots. 

  • September 16, 2026

    FTC Deal Bars Gunmakers From Overlapping Board Members

    Beretta Holding SA is swearing off putting any of its own executives on fellow gunmaker Ruger's board under a Federal Trade Commission settlement announced Wednesday addressing competitive overlap concerns from a more than $100 million deal that will increase Beretta's stake in the company from 9.95% to up to 25%.

  • September 16, 2026

    Va. DOT Warns FCC Deadlines For Permits May Be Too Short

    The Virginia Department of Transportation has warned the Federal Communications Commission that a plan to limit state and local telecom permit reviews to 120 days might not offer enough time, especially if service providers' applications are faulty.

  • September 16, 2026

    ICE Blocked From Threatening Critic Who Sent Scathing Email

    A D.C. federal judge on Tuesday blocked U.S. Immigration and Customs Enforcement from threatening to prosecute a critic who sent a scathing email comparing then-acting Director Todd Lyons to a Nazi, saying the "warning notice" ICE agents issued on the Rochester man's doorstep likely violates his free speech rights. 

  • September 16, 2026

    80 Hospitals End Suit Over Now Vacated HHS Payment Rule

    A group of 80 hospitals has voluntarily ended a lawsuit against the U.S. Department of Health and Human Services over denied Medicare payment appeals after a D.C. federal court vacated a 2023 rule affecting how those payments were calculated.

  • September 16, 2026

    States Say DOJ's RealPage Deal Doesn't Affect Their Claims

    A group of states told a North Carolina federal court to reject property management software company RealPage Inc.'s argument that its rent price-fixing settlement with the federal government moots the states' antitrust claims.

  • September 16, 2026

    DOJ Says Groups Can't Halt Rule Skipping Asylum Interviews

    The Trump administration told a D.C. federal judge that immigrant legal service providers lack standing to challenge a rule permitting asylum officers to skip interviews if someone is ineligible for asylum and send those cases straight to immigration court.

  • September 16, 2026

    10th Circ. Clears The Way To Fill Denver's Expanded Reservoir

    The Tenth Circuit has cleared the way for Denver Water to begin filling an expanded reservoir that holds the city's water supply, finding the U.S. Army Corps of Engineers did not err when approving a permit for the project.

  • September 16, 2026

    Pa. Justices Ask When Canes, Hot Dogs Become Crime Tools

    Pennsylvania's justices contemplated pummeling one another with canes, gavels and hot dogs as they grappled with what transforms a mundane object into an "instrument of crime" during arguments Wednesday.

  • September 16, 2026

    Conn. Judge Trims Claims In 3M Firefighter PFAS Suit

    A Connecticut federal judge has dismissed some "forever chemicals" allegations lodged against 3M Co. by state firefighter unions and firefighters in a Minnesota multidistrict litigation concerning municipalities that purchased firefighting turnout gear, ruling that the unions lack associational standing over certain claims in the case.

  • September 16, 2026

    6th Circ. Ruling Puts Cannabis Deals In Question

    The Sixth Circuit's decision reversing a $31.8 million jury judgment against cannabis giant Curaleaf on the grounds that marijuana is federally illegal is bound to have ramifications for industry players who seek redress in federal courts, attorneys told Law360.

  • September 16, 2026

    EU Eyes Canada As First Associate Member Amid Rift With US

    The European Union may take steps to include Canada as its first associate member in the wake of growing U.S. trade uncertainty, European Commission President Ursula von der Leyen said Wednesday.

  • September 16, 2026

    Cannabis Venture Says Township Caved To Public Pressure

    A pair of companies alleged in a federal lawsuit Tuesday that the planning board of a New Jersey township unlawfully torpedoed their plan to open a marijuana cultivation facility because of community hostility to the plan.

  • September 16, 2026

    Underdog Sues To Stop Conn. Crackdown On Event Contracts

    The prediction market operator Underdog has joined a growing legal fracas with Connecticut officials who are trying to shut down alleged online sports betting in the state, arguing in a new federal lawsuit that only the U.S. Commodity Futures Trading Commission has jurisdiction over such companies.

  • September 16, 2026

    Trade Court OKs Korean Pipe Duties In Decade-Long Dispute

    The U.S. Court of International Trade backed the latest U.S. Department of Commerce determination in a long-running challenge to antidumping duties on imports of South Korean pipes that first started in 2016, finding the department properly used a new pricing test.

  • September 16, 2026

    Minn. Court Drops $22M From Wells Fargo Tower's Tax Value

    A Wells Fargo office tower in Minneapolis was overvalued by $22 million by the local assessor, the Minnesota Tax Court said, looking at the sales prices of the building itself and applying calculations that it called for in a previous order.

  • September 16, 2026

    DOJ Fights Acquittal Motion Following Okla. Bid-Fixing Verdict

    The U.S. Department of Justice is urging an Oklahoma federal court to reject an acquittal bid from a man convicted of participating in an erosion control company's bid-rigging conspiracy that allegedly affected over $100 million in publicly funded transportation construction contracts.

  • September 16, 2026

    5th Circ. Says EPA Went Too Far With Chemical Ban

    The Fifth Circuit has sided with a group of chemical companies and vacated a U.S. Environmental Protection Agency rule that banned nearly all uses of methylene chloride, saying the agency went too far in evaluating the substance as a whole instead of its uses.

Expert Analysis

  • 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.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • What Corporate Counsel Can Learn From OpenAI Test Breach

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    The significance of the recent artificial intelligence testing breach involving OpenAI and Hugging Face lies in what it reveals about the path of AI’s evolution, because legal professionals must translate that trajectory into actionable governance, contractual and advisory frameworks, says Jason Mueller at Vorys.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • Assessing DOJ Antitrust's New, Faster Merger Review Option

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    The U.S. Justice Department Antitrust Division's recently announced targeted second request option and new model timing signal a commercially friendly stance and a departure from the prior administration's position, say attorneys at Paul Weiss.

  • NRC Proposal May Reshape Radiation Protection Framework

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    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

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