Public Policy

  • September 25, 2026

    Kalshi Sports Contracts Aren't Financial Swaps, 6th Circ. Says

    In a closely watched decision that exacerbates an existing circuit split, a Sixth Circuit panel on Friday rejected Kalshi's assertion that the sports-related transactions made on its platform should be considered federally regulated swaps and not conventional betting subject to state gambling laws.

  • September 25, 2026

    Hemp Shop Owner Hits LA With $10M Suit Over Raids

    A Black entrepreneur claims he was run out of business through unlawful and racially motivated raids on his hemp shop by the Los Angeles Police Department, in a lawsuit in state court that seeks $10 million in damages — the third he has filed on similar claims against city officials.

  • September 25, 2026

    DC Circ. Judges Clash Over Fate Of Deported Venezuelans

    Two D.C. Circuit judges did not see eye to eye during oral arguments Friday as the federal government attempted to overturn an order requiring it to facilitate the return of Venezuelan nationals it deported after a court told it not to.

  • September 25, 2026

    Dems Press DOD Over Delayed Pay For Trans Troops

    A group of House Democrats is calling on the U.S. Department of Defense to ensure that transgender service members ousted from the military under the Trump administration receive their separation payment.

  • September 25, 2026

    FCC Insists DC District Lacks Jurisdiction In Fight With ABC

    The Federal Communications Commission again urged a D.C. federal court to jettison ABC Inc.'s legal action claiming retaliation against the network over content disliked by President Donald Trump, saying case law shows the court has no jurisdiction over the dispute.

  • September 25, 2026

    CPSC Told To Explain Warning Against Weighted Baby Blankets

    A D.C. federal judge on Friday sent Dreamland Baby Co.'s dispute over the Consumer Product Safety Commission's warning against weighted blankets and swaddles for infants back to the agency, saying it didn't adequately explain its stance or its refusal to retract it.

  • September 25, 2026

    Feds' Stablecoin Review Committee Rules On The Horizon

    The White House has completed its review of regulators' planned forms and procedures for reviewing and approving state-level stablecoin licensing frameworks, indicating the U.S. Treasury Department could soon circulate the rules.

  • September 25, 2026

    USPTO Is Seeing A Rise In Continued Examination Requests

    Requests for continued examination of patent applications have ballooned at the U.S. Patent and Trademark Office, a trend attributed in part to the agency's success at decreasing the backlog of new applications.

  • September 25, 2026

    Split 6th Circ. Keeps Block On Tenn. 'Abortion Trafficking' Ban

    A split Sixth Circuit panel upheld a permanent injunction on what Tennessee calls an abortion trafficking ban, finding the law is facially overbroad and violates the First Amendment by restricting speech on access to abortions in states where that care is legal.

  • September 25, 2026

    AbbVie Says Botox Exempt From Medicare Price Negotiations

    AbbVie largely backed away from its constitutional challenges to the Inflation Reduction Act's Drug Price Negotiation Program in D.C. federal court Friday, but still insisted that its suite of Botox drugs can't be forced into negotiations with Medicare over price because they feature enough human plasma to fit into a congressional exemption.

  • September 25, 2026

    Rail Industry Wants Full 11th Circ. To Review FRA Rule

    Railroad industry groups are asking the Eleventh Circuit to hold an en banc rehearing after a split panel rejected their challenge to a 2024 Federal Railroad Administration rule requiring two-person train crews, saying the panel's decision expands agency authority and goes against Supreme Court precedent.

  • September 25, 2026

    Tribes Say Gold Mine Spill Study 'Still Falls Very Short'

    A court-ordered federal study says a hypothetical major waste spill at a proposed Alaska gold mine could leave parts of a nearby village uninhabitable and cause lasting harm to fish habitat, but tribal opponents say the analysis still does not show the full extent of the danger.

  • September 25, 2026

    Unions, Feds Settle Suit Over Gov't Shutdown Layoffs

    A coalition of labor unions and the U.S. Department of Justice have agreed to settle claims in a dispute challenging the layoffs of federal employees that occurred during the 2025 government shutdown, according to an agreement filed by the parties.

  • September 25, 2026

    Mich. Wineries Say Appeal Bid Would Delay Event Dispute

    A group of Michigan wineries has opposed Peninsula Township's request for an interlocutory appeal in its ongoing suit over hosting special events, arguing that the township is attempting to improperly bypass a Michigan federal court's earlier rulings and delay the case. 

  • September 25, 2026

    Tech Co. Seeks FCC Reg Waiver For 'Silent Speech' Devices

    A technology firm has asked the Federal Communications Commission to waive part of its rules to allow it to market "silent speech," also known as lipsyncing, devices.

  • September 25, 2026

    A2J At The High Court: Gun Bans, Voting And Civil Remedies

    From the right to own semiautomatic rifles to the rules governing voter registration, the upcoming U.S. Supreme Court term will see the justices tackle a broad swath of constitutional and access to justice issues.

  • September 25, 2026

    This Courtroom Assumption Preceded A White Collar Manhunt

    After a jury convicted former Connecticut state budget official Konstantinos Diamantis of 21 corruption counts, a federal judge assumed prosecutors would not seek immediate incarceration, asking a question that came to preface an international manhunt now underway.

  • September 25, 2026

    Dems Revive Resolution To Boost Support For Working Moms

    Democratic lawmakers announced Friday that they have reintroduced a resolution calling for expanded paid leave, child care support and other federal policies aimed at helping mothers remain in the workforce and addressing economic disparities facing working moms.

  • September 25, 2026

    Justices Block Missouri's New Midterm Map In Loss For GOP

    The U.S. Supreme Court late Friday barred Missouri from using in its impending midterm elections a newly redrawn congressional map that would favor Republicans, rejecting the Eighth Circuit's restoration of revised boundaries and likely ending a litigation whirlwind that reached the justices thrice this month.

  • September 25, 2026

    Calif. Appealing Order Faulting Cannabis Tracking System

    California's cannabis regulator will appeal a state court's judgment finding that the agency failed to implement a system highlighting suspicious marijuana transactions as it was required to do so by state law.

  • September 25, 2026

    Judge Moves Sen. Scott's Tax Info Leak Case To DC Court

    A Florida federal court transferred U.S. Sen. Rick Scott's suit against a former employee of federal contractor Booz Allen Hamilton Inc. for leaking his personal tax returns to D.C. federal court Friday, saying the employee's conduct didn't happen in Florida.

  • September 25, 2026

    'Unreasonable' Fee Bid Slashed For Wrongful Conviction Attys

    A Pennsylvania federal judge on Friday awarded the attorneys representing a man in a wrongful conviction case less than half their desired amount for work done in pursuit of those fees, ruling that $135,795 was reasonable compensation.

  • September 25, 2026

    Squires Says Biocon Challenge To Eylea Patent Filed Too Late

    U.S. Patent and Trademark Office Director John Squires has explained why he rejected Biocon Biologics' challenge to a Regeneron Pharmaceuticals Inc. patent covering the eye disorder drug Eylea — because Biocon waited too long to bring the challenge.

  • September 25, 2026

    DC Circ. Backs Buy America Waiver For Brightline Trains

    The D.C. Circuit on Friday rejected Alstom Transportation Inc.'s challenge of a Buy America waiver approved for trains for a high-speed rail project linking Las Vegas to Southern California, holding that the waiver is reasoned and aligns with federal requirements.

  • September 25, 2026

    Colo. Secretary Of State Withheld Badge Records, Group Says

    A conservative nonprofit organization is demanding records from Colorado Secretary of State Jena Griswold after her office denied an open records request seeking information on Griswold's badge scans into the secretary's office in 2025, according to the group's complaint filed in state court Thursday.

Expert Analysis

  • What Regulatory 'Reputation Risk' Purge Means For Banks

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    Banks should expect closer scrutiny of account closures and service denials after federal regulators recently stripped "reputation risk" from supervisory guidance, and should tie customer decisions to documented, objective legal and financial criteria to protect against debanking-related enforcement, say attorneys at Troutman.

  • Student Loan Revamp Leaves Bankruptcy Untouched

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    Recent changes to the Graduate PLUS student loan program may moderate borrowing and simplify repayment, but they may also shift financial distress into a bankruptcy system whose treatment of educational debt remains largely unchanged, say Jaclynn McDonnell at Stevens & Lee.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • 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.

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