Public Policy

  • October 01, 2026

    6th Circ. Backs Immunity In Search Of Empty Home

    Michigan state troopers who searched a vacationing couple's home while attempting to execute a bench warrant are protected by qualified immunity because existing case law has not established that such a search is a violation of constitutional rights, a Sixth Circuit panel said Wednesday.

  • October 01, 2026

    NH Families Seek To Block Medicaid Ban On Youth Trans Care

    Transgender adolescents and their parents urged a New Hampshire federal court Thursday to block the Trump administration's plan to cut off Medicaid funding for minors' gender-affirming care, arguing it's unconstitutional, motivated by discriminatory animus and violates the Administrative Procedure Act.

  • October 01, 2026

    Customers Ask 9th Circ. To Halt Paramount-Warner Bros. Deal

    Streaming service customers are asking the Ninth Circuit to step in and stop Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery until a court can decide if their antitrust suit challenging the merger will be dismissed.

  • October 01, 2026

    Water Utilities Say EPA Rule Defines Them Too Broadly

    The fate of a federal plan to eliminate the nation's lead drinking-water pipes may come down to a debate over the definition of a public water system.

  • October 01, 2026

    Google Ad Tech MDL Teed Up For Trial Largely Intact

    Gannett, the Daily Mail and a certified class of website publishers scored a major win with a New York federal court ruling largely refusing to let Google scrap antitrust allegations targeting its advertising placement technology business in sprawling multidistrict litigation.

  • October 01, 2026

    Judge Bars HHS Medicaid Cuts For Wash. Noncitizens On SSI

    A federal judge has temporarily halted the U.S. Department of Health and Human Services' attempts to cancel Medicaid benefits to noncitizens in Washington state receiving supplemental security income, finding the loss of benefits could lead to permanent disability or death.

  • October 01, 2026

    SEC Changes Quorum Requirements As Peirce Exits

    The U.S. Securities and Exchange Commission has changed its quorum requirements for the first time in 30 years, clarifying that only one member of the agency needs to vote on enforcement and regulatory matters as Commissioner Hester Peirce prepares to leave Friday. 

  • October 01, 2026

    DOJ's RealPage Deal Doesn't End States' Antitrust Claims

    A North Carolina federal court has refused to toss antitrust claims from state enforcers accusing RealPage of providing software that allows residential building owners to inflate rents, despite RealPage's settlement in the case with the U.S. Department of Justice.

  • October 01, 2026

    Trump Says Copyright Chief Can't Stay In Office Amid Appeal

    The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

  • October 01, 2026

    FCC Officially Ditches Race, Ethnicity, Gender Reporting Reqs

    The Federal Communications Commission has officially done away with a rule that required TV and radio broadcasters to disclose data about their employment diversity to the agency after the Fifth Circuit struck the rule down last year.

  • October 01, 2026

    Ex-Actavis Exec Escapes Some Drug Price-Fixing Claims

    A Connecticut federal judge has dismissed a swath of claims against a former executive of Actavis and Taro in the generic drug price‑fixing litigation brought by state enforcers, holding that evidence was insufficient to prove he joined several alleged single‑drug conspiracies.

  • October 01, 2026

    Pa. Justices Keep But Decry $250K Damages Cap In $7M Case

    The Pennsylvania Supreme Court has opted to preserve the $250,000 limit on damages claims against state agencies, with the majority of justices rejecting a constitutional challenge to the cap because it doesn't impede a plaintiff's right to a jury trial, only the amount of recovery.

  • October 01, 2026

    Blue States Fight EPA Rollback Of Power Plant Climate Rules

    A New York-led coalition of mostly Democratic states and municipalities lodged a petition on Thursday before the D.C. Circuit challenging the U.S. Environmental Protection Agency's recent repeal of Biden-era limits on greenhouse gas emissions from fossil fuel-fired power plants.

  • October 01, 2026

    CFPB Couldn't Verify Security Of Tech Left In Offices, IG Says

    The Consumer Financial Protection Bureau left computer equipment sitting in its now-closed regional offices for more than a year and a half without confirming that the hardware, and any sensitive material on it, was locked down, a federal watchdog said Thursday.

  • October 01, 2026

    Dems Want FHFA To Restore Internal Watchdog's Funding

    A group of 11 Democratic U.S. Senators told the Federal Housing Finance Agency on Thursday not to proceed with "unlawfully slashing" the FHFA's Office of Inspector General budget for fiscal year 2027.

  • October 01, 2026

    NY, Wyo. To Collaborate For Faster Crypto Reviews, Exams

    Financial regulators in New York and Wyoming on Thursday said they have agreed to collaborate on crypto oversight in ways that could cut down on duplicative review processes and exams for fintechs operating in both states.

  • October 01, 2026

    Colo. Energy Rules Can't Shake Federal Preemption Suit

    A federal court allowed real estate industry groups' suit challenging Colorado's and Denver's building energy-performance standards to move forward, finding the groups plausibly alleged the regulations are preempted by federal law governing appliance efficiency standards while tossing their claims about consumer appliances as untimely.

  • October 01, 2026

    Calif. Judge Vacates Trump's $100K H-1B Fee Policies

    A California federal judge has vacated the implementing policies underlying President Donald Trump's $100,000 H-1B visa fee, saying the federal agencies charged with implementing the fee ran afoul of rulemaking procedures required by the Administrative Procedure Act.

  • October 01, 2026

    11th Circ. Told Maduro Owes $217M, Not Venezuelan Oil Co.

    Venezuela's state oil company told the Eleventh Circuit that it shouldn't be forced to pay a $217 million judgment owed to the family of a political opposition leader who was tortured and killed by his government, arguing Thursday that it was never an agent of former dictator Nicolás Maduro. 

  • October 01, 2026

    Flint Beats Protest Claims After Lawyer Disqualified

    A Michigan federal judge has dismissed a civil rights suit accusing Flint officials and police officers of violating protesters' constitutional rights during a 2025 march, months after the judge disqualified the protesters' attorney over his connection to a law firm barred from practicing in Michigan courts.

  • October 01, 2026

    Colo. Judge Needs More Info In Energy Agency Records Fight

    A Colorado state judge said Thursday that she needs additional briefing before deciding if the deliberative process privilege under the state's open records law shields the Colorado Energy and Carbon Management Commission from providing meeting minutes sought after in a public records request.

  • October 01, 2026

    4 Questions About EU And Canada's Vow To Strengthen Ties

    The European Union's invitation for Canada to become an associate member of the bloc raises questions about the potential practical and political ramifications of such an effort. From technical details on what that membership might look like to political obstacles and how the U.S. fits in, here are four questions facing the endeavor.

  • October 01, 2026

    7th Circ. Won't Rehear Enbridge's Wis. Tribal Trespass Fight

    The Seventh Circuit has refused to rehear Enbridge Energy's petition seeking to overturn a decision that its Line 5 pipeline is trespassing on Wisconsin tribal lands, but also sent back to a lower court a $5.2 million restitution order for a portion of the pipeline's removal.

  • October 01, 2026

    Kalshi Looks To Shield Sports Offerings At 2nd Circ.

    Prediction market giant Kalshi has asked the Second Circuit to shield its sports offerings from Connecticut gaming enforcers, drilling down on its position that those offerings ought to be immune from state scrutiny.

  • October 01, 2026

    Exit Interview: SEC's Hester Peirce On Crypto, Clarity And AI

    Outgoing U.S. Securities and Exchange Commissioner Hester Peirce doesn't mind being referred to as "Crypto Mom" for her work championing the industry, but she thinks investors should know: "The government is never your mom."

Expert Analysis

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • How Employers Can Navigate NLRB Rulings Ripe For Reversal

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    Given a recent National Labor Relations Board memo seeking to reverse several precedents — including on severance agreements and workplace policies — employers should prepare now to restore broader protections when the board acts, while following the law as it exists today, says Howard Lavin at Thompson Coburn.

  • What Comes Next For Digital Asset Regs After Clarity Act Flop

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    After the U.S. Senate recently blocked the Digital Asset Market Clarity Act, agency rulemaking could still offer a near-term remedy, and companies meanwhile should monitor the existing framework assembled from enforcement precedent and case law in the absence of a purpose-built statute, say attorneys at Ropes & Gray.

  • FDA Bill Shows Risk Of Inexact Statute Text, Post-Loper Bright

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    A recent House bill to amend the Food and Drug Administration's drug preclusion framework reveals the increased importance of precision when drafting statutory rules in a post-Loper Bright landscape, as several minor errors in the text could lock in unintended results that will be difficult to repeal, say attorneys at Venable.

  • Species 'Harm' Definition Rollback Brings Risk For Developers

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    A rule recently adopted by federal agencies rescinds the definition of "harm" in Endangered Species Act regulations to exclude habitat destruction — but while the move is aimed at reducing regulatory burdens, it creates new uncertainty for developers, and may trigger increased environmental protections in California, say attorneys at Cox Castle.

  • $95M Nev. Case Provides Clues On Wound Care Enforcement

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    Federal prosecutors’ recent U.S. v. Dubin indictment, charging a Nevada physician with healthcare fraud over an alleged $95 million Medicare billing scheme involving amniotic wound allografts, provides a clearer picture of an increasingly data-driven enforcement strategy that follows the entire wound care transaction, say attorneys at Bass Berry.

  • DOJ Fraud Memo Highlights Trade Enforcement Playbook

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    A recent U.S. Department of Justice memo that outlines the Fraud Enforcement Division's priorities demonstrates that customs and trade fraud enforcement has entered a new and far more aggressive phase, with recent cases highlighting how the False Claims act is driving the new push, say attorneys at Foley & Lardner.

  • HPE-Juniper Settlement Teaches Key Tunney Act Lessons

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    A California federal court's recent approval of the U.S. Department of Justice's settlement with Hewlett Packard over its Juniper Networks acquisition offers legal practitioners some crucial lessons, including on unique tech-sector remedies for mergers and acquisitions and the continued viability of the Tunney Act, says Shubha Ghosh at Syracuse University College of Law.

  • What Opt-In Framework Means For Novel Space Activities

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    The U.S. Department of Commerce's Office of Space Commerce is advancing a voluntary certification framework for commercial space activities not covered by existing licenses — but it's unclear whether this approach becomes a durable mission authorization regime, and separate legal permissions from agencies may still be necessary, say attorneys at Morgan Lewis.

  • Negotiating The Scope Of The Stablecoin Customer ID Rule

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    Though comments on bank regulators’ proposed rule for stablecoin issuers under the Genius Act generally agree that oversight would help prevent illicit activity, agencies must reconcile disagreement over whether to extend customer identification requirements from issuers' primary-market relationships to secondary-markets activity, say attorneys at Ballard Spahr.

  • How To Improve Hiring Transparency Amid Ghost Job Scrutiny

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    Recent regulatory and state law scrutiny of ghost job postings for roles that don't exist or aren't being filled signals a shift toward hiring transparency, and employers that fail to adapt risk enforcement actions, consumer protection claims and financial penalties, say attorneys at Foley & Lardner.

  • FTC Push May Create Dual Origin-Claim Risks For Contractors

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    Recent Federal Trade Commission actions involving Made in USA advertising requirements offer a preview of enforcement themes that may impose dual compliance burdens on government contractors that are also subject to Federal Acquisition Regulation Buy American restrictions, says Amy Hoang at Seyfarth.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • FCC Robotics Restrictions Raise AI Compliance Risks

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    A recent "covered list" update from the Federal Communications Commission places restrictions on foreign-produced advanced robotic devices’ ability to obtain new authorizations, creating a framework that is poorly suited to continuous artificial intelligence updates, and raising several transactional and contractual challenges, says Kim Larsen at Stinson.

  • Navigating Employer Obligations Under NY Personnel File Law

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    In light of a New York law that will soon give private sector employees the right to review and comment on their personnel files, employers should understand where their exposure lies and be mindful of where records are stored, and for how long, among other things, says attorney Jason Tenenbaum.

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