Public Policy

  • August 27, 2026

    Disabled Adults Fight Connecticut's IQ Cutoff For Services

    A group of young adults who say they have intellectual disabilities alleged in a new lawsuit that Connecticut's "strict intelligence quotient cutoff" for receiving state agency services is unconstitutional and ignores shifts in the medical and legal landscapes.

  • August 27, 2026

    DC Circ. Says Challenges To Pa. Power Plant Orders Can Wait

    A D.C. Circuit panel granted the Trump administration's push to pause consolidated cases challenging orders that blocked a Pennsylvania power plant from retiring while litigation over similar orders involving a Michigan power plant play out.

  • August 27, 2026

    Dems Say DOJ Opinion Aims To Foil Oversight Of White House

    With midterm elections right around the corner, Senate Democrats are worried the new legal opinion from the U.S. Department of Justice could let the Trump Administration obstruct congressional oversight of the White House.

  • August 27, 2026

    NLRB Seeks To Permanently Block Calif. Fill-In Law

    The National Labor Relations Board urged a California federal court to bar a state law allowing the state labor board to perform certain duties if the national board cannot, arguing that recent decisions in other cases "confirmed" the court should find the law is preempted.

  • August 26, 2026

    5th Circ. Upholds Drug Negotiations In Blow To Big Pharma

    Medicare's landmark program of drug price negotiations doesn't flout constitutional provisions involving the separation of powers, due process or excessive fines, the Fifth Circuit ruled late Wednesday, delivering a fresh blow to the pharmaceutical industry's campaign to tee up U.S. Supreme Court review.

  • August 26, 2026

    Top Takeaways From Meta's $17B Kid Safety Deal

    A $17.1 billion deal with 29 states and Meta Platforms Inc. that includes reforms to Facebook and Instagram to protect children is seen as a benchmark for other settlements with social media companies as litigation and public pressure mounts over mental health harms to youth.

  • August 26, 2026

    KKR To Pay 'Record' $250M To End DOJ Merger Notice Suit

    KKR & Co. has agreed to pay a $250 million civil penalty to resolve allegations that it hid key documentation and entire transactions for merger notification, the U.S. Department of Justice announced Wednesday, calling it the largest-ever penalty for repeat violations of the Hart-Scott-Rodino Act.

  • August 26, 2026

    Fed's Cook Says Trump Has 'No Lawful Basis' To Fire Her

    Federal Reserve Gov. Lisa Cook told the White House on Wednesday that President Donald Trump lacks a legally valid reason to fire her, arguing that previous mortgage fraud allegations leveled against her are untrue and would not justify removal.

  • August 26, 2026

    Adams, Mamdani Broke NYC Law With Race Equity Plan Delay

    A New York state judge said Tuesday that former NYC Mayor Eric Adams and his successor, Zohran Mamdani, violated city law by missing deadlines for publishing a citywide racial equity plan, which was not released until more than two years after an initial January 2024 deadline.

  • August 26, 2026

    Connecticut Sues Kalshi To End 'Free-For-All' Wagering

    Connecticut on Wednesday became the latest state to sue prediction market Kalshi for allegedly offering illegal sports gambling to its users, asking a court to shut down unlicensed wagers in the state and opening a new front in a legal battle that has previously reached the Second Circuit.

  • August 26, 2026

    Iowa, Montana Ask Justices To Stop Paramount Merger Case

    Iowa and Montana are asking the U.S. Supreme Court to stop California and other state enforcers from challenging Paramount Skydance Corp.'s planned purchase of Warner Bros. Discovery, calling the effort "a partisan enforcement action" that targets a procompetitive deal.

  • August 26, 2026

    Mass. Officials Rebuff Challenge To Vape Ban

    There's no chance smoke shops and retailers will come out on top in a lawsuit seeking to undo a Massachusetts ban on certain tobacco products, the state said when urging a federal judge to reject calls to block enforcement, saying too many appeals courts have sided with similarly situated states.

  • August 26, 2026

    5th Circ. Rejects Felon's 'Weird' Second Amendment Claim

    The Fifth Circuit upheld a Louisiana man's felon-in-possession conviction Wednesday, rejecting his challenge that a prior conviction for trying to take a police officer's pepper spray lacked a founding-era analogue sufficient to justify barring him from possessing a firearm, as well as rejecting his "weird" argument that the disarmament was unsuccessful.

  • August 26, 2026

    Groups Ask Congress To Reject Idaho Toxic Waste Land Swap

    The Center for Biological Diversity, Snake River Waterkeeper and ManaSota-88 Inc. urged Congress on Wednesday to remove a provision from the National Defense Authorization Act that the center says would "cede historic lands of the Shoshone-Bannock Tribes in Idaho to expand a radioactive waste dump at one of the country's largest Superfund sites."

  • August 26, 2026

    X Loses Challenge To NY Social Media Disclosure Law

    New York's law requiring social media companies to divulge details of their content-moderation policies does not run afoul of the First Amendment, a federal judge ruled Wednesday, throwing out X Corp.'s challenge seeking to block enforcement of the measure.

  • August 26, 2026

    SEC, SBB Resolve Misvalued Funds Case Ahead Of Sept. Trial

    The U.S. Securities and Exchange Commission and SBB Research Group LLC told an Illinois federal judge that they've reached a settlement that would resolve the long-running litigation alleging the fund adviser misled investors about the performance of some of the funds it oversaw, and to scrap the planned September trial date.

  • August 26, 2026

    75-Nation Visa Pause Likely Flouts Law, DC Judge Rules

    A D.C. federal judge has barred the U.S. Department of State from applying its pause on visa issuances to a group of applicants from 75 affected countries, saying the plaintiffs will likely succeed in arguing the pause violates federal immigration law.

  • August 26, 2026

    House Committee Wants DOL IG To Widen Info-Sharing Probe

    Top House Education and Workforce Committee Republicans urged the U.S. Department of Labor's watchdog Wednesday to expand its review of information-sharing arrangements with outside groups, asking whether three additional agencies improperly disclosed confidential investigative material during the Biden administration.

  • August 26, 2026

    SEC Sends Crypto Custody Plan To White House

    The U.S. Securities and Exchange Commission is preparing to update regulations for investment advisers and funds holding crypto assets on their clients' behalf, sending planned amendments to its custody rules to the White House for review.

  • August 26, 2026

    9th Circ. Denies Challenges To EPA Rule On Chemical Reviews

    The Ninth Circuit on Wednesday denied petitions challenging a U.S. Environmental Protection Agency rule related to when and how some new chemicals can be exempted from standard pre-manufacture review processes, ruling the agency acted in line with its statutory powers.

  • August 26, 2026

    NJ Can't Force Access To ICE Detention Center, Feds Say

    U.S. Immigration and Customs Enforcement has pressed a New Jersey federal judge to dismiss a lawsuit from the Garden State's health commissioner seeking access to a Newark immigration detention center, saying whether state officials can inspect the facility is up to the federal government.

  • August 26, 2026

    Squires Institutes 6 Patent Reviews, Rejects 5 Others

    U.S. Patent and Trademark Office Director John Squires has instituted six patent reviews and denied five other requests in his latest round of decisions.

  • August 26, 2026

    Group Says HHS Can't Cut Certain Immigrants' Medicaid

    A Seattle-based community organization accused the U.S. Department of Health and Human Services of misinterpreting the 2025 federal budget bill, telling a Washington federal court it cannot strip Medicaid benefits away from noncitizens receiving Supplemental Security Income.

  • August 26, 2026

    Calif. Bill Curbing PE Role In Litigation Heads To Newsom

    A California bill to ban corporate investors from influencing litigation strategy is heading to Gov. Gavin Newsom's desk after passing with bipartisan support from the state Legislature.

  • August 26, 2026

    Creek Nation Refutes Tulsa DA's Stance On State Crime Cases

    The Muscogee (Creek) Nation has told the Tenth Circuit that Oklahoma's Tulsa County district attorney gets it wrong in stating that he has the authority to prosecute nonmember Native Americans for nonmajor crimes committed on the federally recognized tribe's reservation.

Expert Analysis

  • 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.

  • AG Watch: Minn. Defends Prediction Markets Ban

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    Minnesota Attorney General Keith Ellison has aggressively defended the state's landmark statute banning prediction markets, but the court's July 27 temporary injunction in U.S. v. Minnesota blocking the law from taking effect could set the template for state authority across the country, say attorneys at Crowell & Moring.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

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    Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

  • From Order To Regulation: How EOs Are Reshaping Banking

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    The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

  • Rhode Island Self-Checkout Law Signals National Trend

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    Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • Opinion

    USCIS Delays Shouldn't Mean Detention For EB-5 Investors

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    Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

  • What FERC Concurrences Reveal About Large Load Priorities

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    The Federal Energy Regulatory Commission's recent orders concerning grid operators' procedures for connecting large loads like data centers to the power grid came with concurring statements from the FERC commissioners, which provide key insights into individual commissioners' concerns and a road map for compliance, say attorneys at Womble Bond.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

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