Public Policy

  • September 29, 2026

    CFTC Sends Event-Contracts Swaps Proposal To White House

    The U.S. Commodity Futures Trading Commission has submitted two rule proposals to the White House that appear to explicitly establish event contracts as swaps while excluding "casino-style gambling products," updates that could affirm the agency's view that prediction markets are under its "exclusive jurisdiction" and beyond the reach of states.

  • September 29, 2026

    Aldi Sued Over Online Order Delivery Fees By SNAP Users

    Aldi illegally charges ancillary, nonfood-related delivery, expedited fulfillment and convenience fees to customers who use SNAP-EBT benefits to buy grocery items online through Instacart or Aldi Express, alleges a proposed consumer protection class action filed Monday in California state court. 

  • September 29, 2026

    Trump Admin Can't Use Anti-DEI, Citizenship Rules For Grants

    A Rhode Island federal judge on Tuesday said the U.S. Department of Justice can't impose new conditions related to diversity, equity and inclusion activities and immigration status on domestic violence assistance grants, a ruling that sides with a coalition of states and nonprofits that challenged the restrictions.

  • September 29, 2026

    Feds Tell 4th Circ. Ábrego García Delayed His Own Removal

    The Trump administration is telling the Fourth Circuit that a Maryland federal judge shouldn't have granted Kilmar Ábrego García protection from continued immigration detention, saying the unlawful rulings he successfully sought are what's preventing his removal to Liberia.

  • September 29, 2026

    DC Circ. Anthropic Ruling Could Chill Contractor Speech

    The D.C. Circuit's decision backing the U.S. Department of Defense's removal of Anthropic from its supply chain was based on a broad reading of the Federal Acquisition Supply Chain Security Act, which could lead contractors to be more careful about publicizing disputes with the department.

  • September 29, 2026

    States' Temporary Aid Data-Sharing Injunction Bid Falls Short

    A D.C. federal judge declined to block a Trump administration policy allowing disclosures of temporary financial assistance recipients' sensitive personal information to federal authorities, saying that while it "seems plausible" this will chill participation in the program, Democratic-led states challenging the policy haven't provided "concrete evidence" of such harm.

  • September 29, 2026

    Key Bank Policymaking Official To Depart Treasury

    Luke Pettit, a top U.S. Department of the Treasury official who has helped shepherd the Trump administration's financial services policy agenda will step down next month, becoming the latest federal regulatory official to decamp in advance of the midterm elections.  

  • September 29, 2026

    Tech Giants Tell Fed. Circ. To Spurn Squires Remand Bid

    Google, Meta and other tech giants that challenged an Express Mobile website building patent have asked the Federal Circuit to reject the U.S. Patent and Trademark Office's bid to remand the case to the patent office for further proceedings, after a panel of top Patent Trial and Appeal Board judges upheld the patent.

  • September 29, 2026

    CNN Wants Preliminary Injunction In White House Ban Case

    News outlets CNN, Politico and MS Now have asked for a preliminary injunction in their suit against the Trump administration over its ban on their journalists from entering the White House.

  • September 29, 2026

    DEA Judge Pauses Marijuana Rescheduling Over GAO Report

    A U.S. Drug Enforcement Administration administrative law judge on Tuesday paused consideration of a pending proposal to reclassify marijuana after opponents of cannabis reform said a recent U.S. Government Accountability Office report found that regulators did not articulate the reasoning behind their recommendation to loosen restrictions on marijuana.

  • September 29, 2026

    Late Notice Can't Void Rent Control Exemption, Judge Rules

    A New Jersey federal judge has sided with the owners of two apartment towers on Jersey City's waterfront, ruling that the buildings qualify for an exemption from rent control under state law despite the city's contention that the owners failed to meet a notice requirement.

  • September 29, 2026

    Surgical Robot Co. Says 9th Circ. 'Expands' Antitrust Law

    Intuitive Surgical asked the full Ninth Circuit to reconsider a decision reviving a surgical repair company's claims that it blocked third parties from refurbishing components for its popular da Vinci surgery robot, arguing the panel created a whole new pathway to alleging monopolization of secondary markets.

  • September 29, 2026

    Summer Vacation Rules Save Texas Slip-And-Fall Suit

    A Texas appeals panel on Tuesday revived a woman's slip-and-fall suit, finding the trial court judge abused their discretion by ignoring her attorney's summer vacation designation and dismissing the case with prejudice when he was unprepared at trial.

  • September 29, 2026

    USPTO Details Best Practices For Subject Matter Declarations

    Patent applicants submitting declarations explaining why their patents are eligible under Section 101 of the Patent Act should hand in those statements separately from other evidence and also send them in sooner rather than later, U.S. Patent and Trademark Office Director John Squires recommended on Tuesday.

  • September 29, 2026

    DC Circ. Weighs Limits On Boasberg's Contempt Inquiry

    A top Justice Department official told an en banc D.C. Circuit panel that a district judge should refer former Homeland Security Secretary Kristi Noem for contempt over the 2025 deportation flights to El Salvador and move on, saying the judge had no authority to wrap others into his inquiry.

  • September 29, 2026

    Glock Says Conn. Wouldn't Clarify Convertible Pistol Sale Ban

    Glock Inc. criticized Connecticut's attorney general and other state authorities Tuesday, arguing litigation was necessary because officials provided no clear answers when asked whether certain pistols violate a new law that bans the importation, advertising or sale of newly manufactured handguns that can be "readily converted" into fully automatic weapons.

  • September 29, 2026

    Colo. Says DHS, ICE Flouted Notice Laws For Detention Site

    Colorado urged a federal judge to nullify a government contract for the renovation and operation of a federal immigrant detention facility northeast of Denver, alleging Tuesday that federal agencies flouted their legal obligations to conduct an environmental analysis and to notify the public about the planned facility's environmental impact.

  • September 29, 2026

    Fed Bill Seeks To End NY Control Of Seneca Policing

    U.S. Sen. Kirsten Gillibrand, D-N.Y., has introduced companion legislation that will establish a path to end a federal law that gave the state criminal jurisdiction over Seneca Nation territory, which is designed to resolve overlapping responsibilities among federal, state and tribal authorities.

  • September 29, 2026

    Agency Says Indicted Ex-Boss Can't Use Home For Bond

    The former executive director of two Connecticut housing authorities cannot use his home to secure a $500,000 bond in his federal wire fraud case, the Groton Housing Authority and related entities told the state court judge overseeing a civil case arising from his alleged theft.

  • September 29, 2026

    FCC Can Step Into Idaho Pole Dispute With Utility, ISP Says

    An internet service provider insisted the Federal Communications Commission has jurisdiction in its fight with a utility over pole upgrades for broadband gear in Idaho, saying state regulators lacked authority over the issue when the dispute first occurred.

  • September 29, 2026

    Feds Seek To Throw Out States' Challenge To DEI Contract EO

    The Trump administration told a Maryland federal court that it should toss a lawsuit from states challenging its implementation of an executive order targeting diversity, equity and inclusion practices in the government contracting space, arguing the order falls within well-settled law.

  • September 29, 2026

    NY Court Officials Must Disclose Secret Guidance To Judges

    The New York State Office of Court Administration must hand over a batch of memos instructing state judges how to interpret the law after fighting for years to keep them under wraps, a New York state appeals court ruled Tuesday.

  • September 29, 2026

    Public Citizen Files 2 Complaints Over Trump Ads

    Nonprofit advocacy group Public Citizen has filed two complaints following the appearance of an ad boosting the image of President Donald Trump that was paid for by government funds.

  • September 29, 2026

    Akin Adds House Financial Services Staffer To Lobbying Team

    Akin Gump Strauss Hauer & Feld LLP said Tuesday a former senior staff member on the U.S. House Committee on Financial Services has joined its lobbying and public policy practice in Washington, D.C.

  • September 29, 2026

    Tax Co. Urges 5th Circ. To Deny Microcaptive Rules Case Stay

    A global tax services provider asked the Fifth Circuit to deny the IRS' request to stay its challenge to the agency's reporting rules for microcaptive insurance companies pending the resolution of a similar case before the appeals court, saying it should be allowed to present its own arguments.

Expert Analysis

  • Q3 Numbers Refine Picture Of SEC Enforcement Trajectory

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    A snapshot of the U.S. Securities and Exchange Commission’s third-quarter enforcement actions suggest the program may be smaller than in prior years, but that it is increasingly concentrated around market abuse and individual misconduct, especially related to insider trading, say Adrienna Huffman, Jan Jindra and Erik Johannesson at The Brattle Group.

  • What DOJ Fraud Division Rule Resolves, And What It Doesn't

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    The U.S. Department of Justice’s recently published final rule answers many outstanding questions about the newly created National Fraud Enforcement Division, but overlapping mandates could result in parallel investigations and diverging viewpoints between multiple sets of prosecutors, say attorneys at Gibson Dunn.

  • Banks Face Lighter CRA Burdens Under Regulators' Proposal

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    Banking regulators' recently proposed rule to redo the framework under the Community Reinvestment Act would materially change which banks are subject to its most demanding requirements and how regulators evaluate lending, services, community development activities and strategic plans, says James Williams at Venable.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • 4 Ways‌ NY's Bivens Act Changes Civil Rights Legal Strategy

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    New York state's new Bivens Act creates a statutory civil rights cause of action against federal officials, changing presuit investigations, discovery and settlement leverage, and creating an opportunity to pursue more structural changes — so plaintiffs counsel will need to adjust their civil rights litigation playbooks, say attorneys at Jacob Fuchsberg Law.

  • FTC IonQ Review Unearths A Divide In Vertical Merger Remedy

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    The Federal Trade Commission's recent split decision to close its investigation into the merger between IonQ and SkyWater Technology offers a candid window into how enforcers may approach vertical merger concerns after a string of difficult government cases, says Nicholas Cheolas at Wiley.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • NC Crypto Kiosk Law Opens Door To Stricter Fraud Regs

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    North Carolina's new cryptocurrency kiosk law will force operators to build fraud-screening, disclosure and compliance systems before the end of the year, while also providing an opening for more stringent city and county limits on kiosk placement and operations, say attorneys at Moore & Van Allen.

  • Student Loan Suit Draws Line On Testimony In Trust Litigation

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    A recent interlocutory opinion from the Southern District of New York shows securitization experts can explain servicing practices but cannot substitute for authenticated loan-level ownership proof or intent evidence, signaling that parties in student loan trust cases should sharpen recordkeeping and tracing strategies, says attorney Stanley Tate.

  • Opinion

    A Guiding Principle For The SEC On Exempt Capital Markets

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    The U.S. Securities and Exchange Commission's recently proposed Regulation Crypto Assets borrows selectively from other capital-raising exemptions while giving crypto issuers materially different terms, and those unexplained differences reveal the need for a regulatory approach of presumptive parity, says Brian Christie at the Crowdfunding Professional Association.

  • Where DOJ's Fraud Priorities Memo May Actually Matter

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    The U.S. Department of Justice’s recently released memo outlining priorities for its newly created fraud division will shape how cases are identified, staffed and sequenced, meaning white collar defense work must begin earlier, say David Tarras at Tarras Defense and Trevor Jones at Dynamis.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • What Cos. Should Do During Stay Of Nasdaq Delisting Rule

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    The U.S. Securities and Exchange Commission recently approved — and subsequently stayed — Nasdaq's $5 million market value threshold for continued listing, giving companies additional time to evaluate financing opportunities, communicate with investors and consider strategic alternatives, says Joseph Lucosky at Lucosky Brookman.

  • NC Dental Review Change Counters Tougher National Trend

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    North Carolina’s elimination of its prior review requirement for dental management agreements departs sharply from the national trend toward expanded corporate practice of medicine oversight, but stakeholders should not view this regulatory shift as a relaxation of compliance expectations, say attorneys at Holland & Knight.

  • Prepping To Use Crypto Collateral Under Ohio Ownership Law

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    Ohio's digital asset law should ease the path to using cryptocurrency as collateral, and as the October effective date approaches, lenders should update their loan documentation and diligence processes to take advantage of the new control-based perfection rules, say attorneys at Kegler Brown.

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