Public Policy

  • September 22, 2026

    Big Tech Backs Samsung At Fed. Circ. Over Patent Injunctions

    Top technology companies and various industry groups have urged the Federal Circuit to deny Collision Communications an injunction after the patent owner's $445.5 million infringement verdict against Samsung, saying an injunction would undermine U.S. Supreme Court precedent.

  • September 22, 2026

    Kalshi Seeks CFTC OK For Event Contract Margin Trading

    Kalshi on Tuesday asked the U.S. Commodity Futures Trading Commission to sign off on a framework for allowing certain users to trade with borrowed funds, in a move aimed at drawing more institutional activity to the prediction market platform.

  • September 22, 2026

    FCC Seeks $25K For Radio Jamming During Alleged Burglary

    The Federal Communications Commission floated on Tuesday a $25,000 fine against three people who, it said, used radio signal jamming devices while apparently trying to impede police during a jewelry store burglary last year in Texas.

  • September 22, 2026

    'Yikes' Email Sinks BIPA Coverage For Donut, Transport Cos.

    An email stating "Yikes ... no" in response to outside counsel's inquiry regarding a commercial bakery's biometric data collection practices proves the business and a logistics company misrepresented material facts while seeking insurance that could have covered an underlying privacy dispute, an Illinois federal judge said Monday.

  • September 22, 2026

    Cities Say Local Permits Not 'Hurdle' To Broadband

    The nation's cities, counties, towns and villages are not pleased with the Federal Communications Commission's decision to work on a proposal that would allow the agency to preempt local reviews of wireline deployments if the FCC thinks localities are dragging their feet.

  • September 22, 2026

    Colo. Justices Mull Trial Court's Authority In Water Rights Suit

    The Colorado Supreme Court grappled Tuesday with ranchers' bid for the justices to overturn a water court's order allowing a change of water right for a right they say was not at issue, questioning counsel on the water court's authority to impose certain conditions in the neighbors' 10-year legal battle.

  • September 22, 2026

    USPTO Announces New AI Chief, Int'l Pilot, Outreach Office

    The U.S. Patent and Trademark Office has a new leader for artificial intelligence, is participating in a pilot program for a global intellectual property recordation system and is launching the latest outreach office. Here's what you need to know.

  • September 22, 2026

    FTC's Ferguson: Don't Fight New Fed. Courts Merger Policy

    Federal Trade Commission Chairman Andrew Ferguson on Tuesday warned companies that fighting the FTC's shift to challenging mergers exclusively in federal court risks making "your life more difficult."

  • September 22, 2026

    CFTC Warns Prediction Platforms Of 'Mention Market' Risks

    The U.S. Commodity Futures Trading Commission on Tuesday warned prediction market operators that offering wagers on whether a person will say certain words, interact with someone or attend an event comes with heightened manipulation risks that platforms must address before listing.

  • September 22, 2026

    SEC E-Delivery Plan Draws Access Concerns, Enviro Praise

    State regulators, labor unions and at least one member of Congress are among those urging the U.S. Securities and Exchange Commission to rethink a proposal that would allow issuers and market intermediaries to default to electronic delivery of investor documents, while Wall Street groups and environmental advocates praised the measure.

  • September 22, 2026

    FDA Must Revisit MiMedx Wound Care Powder Classification

    A Georgia federal judge vacated the Food and Drug Administration's classification of biomedical company MiMedx's wound care treatment as a biological product, which carries heightened regulatory requirements, finding the agency's determination was arbitrary because it had classified similar products as devices.

  • September 22, 2026

    Colo. Hospital Seeks To Toss Meta Pixel Patient Data Suit

    A Colorado hospital system has asked a federal court to toss a proposed class action accusing it of illegally sharing patients' browsing data with Meta through a website tracking tool, arguing the patient who sued failed to show he was harmed and that the conduct does not violate federal wiretapping law.

  • September 22, 2026

    Wash. Appeals Court Revives Colo. Tax Payment Dispute

    Whether intercompany payments count as profit, royalties or taxable management fees is a disputed question of fact, a Washington state appellate panel said Tuesday, ordering back to a trial court a dispute over whether a Colorado company and its affiliates owe Washington's business and occupation tax.

  • September 22, 2026

    Pa. Gov., Legislators Must Face Public-Defense Funding Suit

    A divided Pennsylvania appeals court has allowed a petition filed against the commonwealth's top political leaders to proceed, granting a path forward for the claims that chronic underfunding of public defender offices has led to indigent criminal defendants receiving ineffective legal assistance.

  • September 22, 2026

    Trump Admin Sued Over $289M In Soon-To-Lapse CDFI Funds

    A business advocacy group has sued the Trump administration, seeking to force it to distribute over $289 million in congressionally appropriated funds meant to support community development financial institutions before the funds lapse at the end of the month.

  • September 22, 2026

    Trump Admin Asks Justices To Curb Noncitizen Habeas Relief

    The Trump administration implored the U.S. Supreme Court to cure a circuit split over noncitizens filing habeas petitions to challenge their detention during pending removal proceedings, warning of "intolerable disuniformity" in how the Immigration and Nationality Act is administered.

  • September 22, 2026

    DC Circ. Nixes Congressional Veto Over Capitol Protests

    A D.C. Circuit panel on Tuesday deemed regulations barring demonstrations on the U.S. Capitol building's Eastern steps without a congressional sponsor unconstitutional, holding that the government cannot "pick and choose" who gets to use the space for protected speech.

  • September 22, 2026

    RI Judge Vacates Feds' Noncitizen Benefit Restrictions

    New York and other states applauded a Rhode Island federal judge's finding that the Trump administration flouted rulemaking requirements when it reinterpreted a 30-year-old welfare reform bill to try to subject a slew of federally funded benefit programs to immigration status verification requirements.

  • September 22, 2026

    DOJ Says Fired NCUA Members Aren't Like Fed Officials

    The U.S. Department of Justice is urging the D.C. Circuit to reverse a district court order reinstating ousted National Credit Union Administration board members, arguing Congress didn't impose presidential removal restrictions on the NCUA and that the agency isn't analogous to the Federal Reserve.

  • September 22, 2026

    Telecom Looks To Retire Legacy Phone Lines In NH, Maine

    A regional telecom provider has asked the Federal Communications Commission to approve a technology transition that would let the company switch out legacy systems for internet protocol networks in Maine and New Hampshire.

  • September 22, 2026

    Ga. Leaders Push For Nonpartisan Probate Elections

    Current and former Georgia officials on Tuesday threw their support behind a proposed constitutional amendment that would require probate judges to be elected in nonpartisan elections across the state, saying judges should be assessed on skill instead of politics.

  • September 22, 2026

    Del. High Court Upholds Permanent Absentee Voting Law

    The Delaware Supreme Court has preserved the state's permanent absentee voting law, rejecting two state Senate candidates' argument that the system violates the Delaware Constitution by allowing voters to automatically receive absentee ballots in future elections without reestablishing their eligibility each time.

  • September 22, 2026

    Ex-Charlotte Councilwoman Gets 10 Months For COVID Fraud

    A former city council member in Charlotte, North Carolina, was sentenced Tuesday to 10 months in federal prison on one count of wire fraud conspiracy after prosecutors said she submitted sham applications for COVID-19 relief funds with her two daughters.

  • September 22, 2026

    Guatemalan Children's Removal Rights Suit Stays Alive

    A D.C. federal judge on Monday left intact most claims challenging attempts by immigration officials to deport unaccompanied Guatemalan children in federal custody, noting the "hasty attempt" by the government to remove the children without due process or counsel.

  • September 22, 2026

    Blue States Expand Fight Over Trump Offshore Wind Buyouts

    Democratic-led states on Tuesday stepped up their fight against the Trump administration's buyouts of U.S. offshore wind leases, filing a trio of lawsuits that seek to undo payments to developers for abandoning projects on both the Atlantic and Pacific coasts.

Expert Analysis

  • What Bulk-Power Gear Import EO Means For US Energy Cos.

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    Though President Donald Trump's recent executive order restricting imports of foreign-produced bulk-power system electrical equipment imposes no immediate obligations on private parties, stakeholders can take near-term steps to mitigate supply chain and contractual risks, as much of the order's ultimate impact will depend on implementing regulations, say attorneys at Orrick.

  • Assessing The Early Days Of Woodcock's SEC Tenure

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    Since David Woodcock took over the U.S. Securities and Exchange Commission's Division of Enforcement four months ago, the division has pursued a scaled-back caseload centered on fraud and manipulative conduct, largely following the enforcement outlook that emerged under SEC Chairman Paul Atkins, say attorneys at Akerman.

  • AI And AML: Rulemakings Lean Into Responsible Innovation

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    Recent federal rulemaking increasingly supports deployment of artificial intelligence tools for anti-money laundering compliance purposes, and institutions that build clear use and governance frameworks will be best positioned to defend programs when AI systems err, say attorneys at Paul Hastings.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • Unpacking Texas' New Grid Reliability Rules For Data Centers

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    The Electric Reliability Council of Texas’ recently effective technical and compliance obligations, designed to prevent data centers and other large energy customers from causing cascading outages when they go offline, will challenge facilities to develop equipment and protocols to help protect the grid, says Casey Bell at Balch & Bingham.

  • Opinion

    Md. Court Got Ad Tax Similarity Analysis Wrong

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    Decisions striking Maryland’s digital advertising tax are fundamentally flawed because the Maryland Tax Court found similarity between digital ads and other ads without considering deep market distinctions, says Darien Shanske at UC Davis School of Law.

  • Opinion

    NC Litigation Funding Ban Sets Model For Other States

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    States worried about rising liability costs and the commercialization of their courts should treat North Carolina's recently enacted litigation funding ban as a model because a prohibition adequately addresses the distortion that disclosure only documents, say attorneys at McAngus Goudelock.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • Planning For The Impact Of FinCEN's CTA Rollback

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    The Financial Crimes Enforcement Network's recent rollback of Corporate Transparency Act reporting obligations should reduce compliance costs, but its plans to revisit customer due diligence rules should prompt companies and financial institutions to reassess state beneficial ownership programs, say attorneys at Sidley.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • EPA Guidance May Simplify On-Site Power For Data Centers

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    At a moment when wait times to connect large loads to the electric grid can stretch into years, two recent U.S. Environmental Protection Agency guidance documents seek to make it easier for data center developers to set up on-site power generation — but much will depend on how quickly states and localities update their own rules, say attorneys at Alston & Bird.

  • Fed's Capital Rule Proposal Could Help Banks Stay Mutual

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    The Federal Reserve Board's recent proposal to comprehensively rewrite its capital rule and reduce procedural requirements for mutual holding companies would support community banking by allowing mutual institutions new ways to fund growth without converting to stock form, say attorneys at Nutter.

  • 8(a) Firms Face New Risks From Pass-Through Arrangements

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    ​Prime contractors and subcontractors with pass-through arrangements involving the Small Business Administration's 8(a) business development program should ensure they are prepared for heightened litigation risks created by the administration’s use of False Claims Act whistleblowers to target fraud in diversity, equity and inclusion programs, say attorneys at RJO.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

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