Public Policy

  • September 09, 2026

    21 States Want Changes To Endangered Species Act Blocked

    California, Massachusetts, Washington and 18 other states on Wednesday filed a pair of suits challenging the Trump administration's recent changes to how the Endangered Species Act is implemented, claiming that the rules drastically weaken safeguards for the most vulnerable species and were rolled out unlawfully.

  • September 09, 2026

    Conn. Regulator GC Admonished To Abide By Records Law

    The Connecticut Freedom of Information Commission admonished the general counsel for the state's utility regulator on Wednesday, warning attorney Scott Muska to properly handle public records requests according to state law.

  • September 09, 2026

    9th Circ. Deems NCAA's 5-Year Rule Injunction Appeals Moot

    A Ninth Circuit panel on Wednesday tossed the NCAA's appeals of court orders barring it from enforcing its five-year rule to sideline two football players from the 2025 season, finding the cases are moot because the "clock has run out" on the season and the athletes' collegiate careers have wrapped.

  • September 09, 2026

    Crypto Org. Taps Prelogar To Back CFTC's Side In Perps Fight

    A crypto policy group advocating for perpetual derivatives markets hired former U.S. Solicitor General Elizabeth Prelogar to pen a brief backing the U.S. Commodity Futures Trading Commission's approval of bitcoin perpetual contracts as the agency fights a challenge from the Chicago Mercantile Exchange.

  • September 09, 2026

    DC Circ. Denies Bid To Force FCC Action On News Policy

    A D.C. Circuit panel declined Wednesday to compel the Federal Communications Commission to respond to a petition seeking a repeal of its news distortion policy, saying the petitioners failed to establish that they have no other adequate means to seek relief.

  • September 09, 2026

    Trump Admin Floats Barring Many Noncitizens From Census

    The Trump administration on Wednesday proposed changes to how people will be counted in the 2030 census to exclude noncitizens who don't have green cards from the headcount and remove questions on race, ethnicity and sexual orientation.

  • September 09, 2026

    Conn. Farmers Can't Point To Hemp Law Injury, Judge Says

    Connecticut hemp farmers and processors failed to overturn state laws that cracked down on the sale of intoxicating hemp products, after a federal judge ruled that they failed to show how they were concretely harmed by statutes that do not directly regulate cultivation.

  • September 09, 2026

    Texas Court Finds Most Of O'Rourke Fundraising Appeal Moot

    A Texas appellate court in a split decision found that onetime presidential hopeful Beto O'Rourke's challenge to a court order blocking fundraising for state Democrats is moot and separately ruled that a Tarrant County, Texas, court has jurisdiction over the case.

  • September 09, 2026

    Pa. Ch. 7 Judge Pans NJ AG In Remanding 'Ghost Gun' Suit

    A Pennsylvania federal bankruptcy judge says an alleged seller of "ghost gun" kits improperly tried to remove a civil suit filed by the New Jersey Attorney General's office to his court, but chided the AG for assuming that her lawsuit was immune from the automatic bankruptcy stay.

  • September 09, 2026

    Mo. Voters Ask High Court To Sort Out 'Irreconcilable' Rulings

    Voters opposed to Missouri's newly drawn congressional map that favors Republicans in the midterms asked the U.S. Supreme Court on Wednesday to lift a federal judge's order requiring state election officials to use the challenged map, which the Missouri Supreme Court deemed invalid without voter approval.

  • September 09, 2026

    States Say DOT's Driver Data Demand Is Immigration Pretext

    The Democratic-led states asking a Virginia federal judge to stop the Trump administration from accessing the Social Security numbers of commercial drivers nationwide for immigration enforcement backed up their request for an injunction Wednesday, saying the federal government is using post hoc rationalizations to defend its data demands.

  • September 09, 2026

    NC Justices Probe TikTok's State Contacts In Addiction Case

    The North Carolina Supreme Court grappled Wednesday with whether TikTok and its parent company should have to face the attorney general's suit alleging the app is addictive to young users, with TikTok arguing its general national business practices do not create ties to the Tar Heel State sufficient to be dragged into court there.

  • September 09, 2026

    Agencies Warn Of Chinese AI Cos. Targeting US Models

    The Cybersecurity & Infrastructure Security Agency, National Security Administration and FBI have released a report claiming Chinese artificial intelligence companies were extracting proprietary capabilities from U.S. AI models through a process known as "distillation."

  • September 09, 2026

    Two Men Cop To Bribing Ex-NYC Buildings Commissioner

    Two men on Wednesday pled guilty to bribing former New York City Buildings Commissioner Eric Ulrich just weeks before the longtime city official is slated to stand trial in New York state court.

  • September 09, 2026

    Enviro Groups Challenge BLM's Colo., Wyo. Oil Lease Sales

    Two environmental advocacy nonprofits accused the Bureau of Land Management and related agencies of flouting federal law by authorizing the leasing of "environmentally sensitive public lands" in Colorado and Wyoming for oil and gas development, according to a lawsuit filed in Colorado federal court.

  • September 09, 2026

    States, Amici Ask Justices To Keep Mail Ballot Rules On Ice

    Nearly half of the states and the District of Columbia urged the U.S. Supreme Court on Wednesday to leave in place a federal judge's order blocking the U.S. Postal Service from enforcing new mail-in ballot regulations in this year's midterms, arguing the changes are a major political decision USPS had no authority to make. 

  • September 09, 2026

    Software Group Says FCC Should Narrow Covered List Focus

    The software industry thinks the Federal Communications Commission might want to take a more "narrow" view when it comes to its continued expansion of the covered list of telecommunications equipment that the agency deems to be a national security risk.

  • September 09, 2026

    Trump Trust Gets Doc Review In Fla. Debanking Suit

    A Florida federal judge ruled Wednesday that the court can review banking records before they are released to the Donald J. Trump Revocable Trust in a lawsuit alleging its Capital One accounts were closed for political reasons, saying there is no regulation preventing the examination of Bank Secrecy Act-related documents.

  • September 09, 2026

    2 House Democrats Say Trump Can't Fire Copyright Chief

    Two senior House Democrats have urged the D.C. Circuit to reject the Trump administration's claimed authority to remove Shira Perlmutter as the head of the U.S. Copyright Office, arguing that only the librarian of Congress can fire the agency's leader.

  • September 09, 2026

    Justices Call For Early Response Over Paramount Merger

    The U.S. Supreme Court is giving California and other state enforcers that are challenging Paramount Skydance Corp.'s planned $110 billion purchase of Warner Bros. until later this month to respond to Iowa and Montana's bid to block the merger challenge.

  • September 09, 2026

    Ford Says DOT Concern Over China Tech 'Wrongheaded'

    Ford Motor Co. pushed back on U.S. Transportation Secretary Sean Duffy's "profound concern" over what he said was too close of a relationship between it and a Chinese battery manufacturer, saying the claims are unfounded and don't mesh with other administration stances.

  • September 09, 2026

    'Weird Space Stuff' To Get Boost Under FCC Spectrum Plan

    The Federal Communications Commission plans to vote Sept. 30 on a "spectrum abundance" plan meant to fuel a variety of space-based industries by opening up the airwaves across two spectrum bands.

  • September 09, 2026

    Mich. To Revisit Line 5 Tunnel Permits After High Court Ruling

    Michigan environmental regulators will reconsider permits issued in July for Enbridge Energy LP's proposed Line 5 tunnel beneath the Straits of Mackinac after the Michigan Supreme Court found earlier this year that a separate state approval of the project relied on an improperly narrow environmental review, Gov. Gretchen Whitmer said Wednesday. 

  • September 09, 2026

    NJ Tech Chief Seeks To Avoid TikTok Depo In AG's Fraud Suit

    New Jersey Chief Technology Officer Kevin Dehmer has asked a state court judge to block TikTok from deposing him in the attorney general's consumer fraud lawsuit, arguing that he has no firsthand knowledge of the allegations and that forcing a high-ranking state official to testify is unwarranted.

  • September 09, 2026

    Unions, Feds Reach Deal In Gov't Shutdown Layoffs Suit

    A coalition of unions has reached a settlement in principle with the Trump administration resolving litigation in California federal court challenging layoffs at federal agencies during the 2025 government shutdown, pending approval from the U.S. Department of Justice.

Expert Analysis

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

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    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

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