Public Policy

  • August 28, 2026

    Fla. Says PBMs Fixed Prices For Prescription Drugs

    Florida's attorney general on Thursday sued two competing pharmacy benefit managers for allegedly colluding to fix prescription drug reimbursement rates to pharmacies, which the state said threatens Floridians' access to affordable medications.

  • August 28, 2026

    NJ Law Requires Data Centers To Report Utility Usage

    New Jersey Gov. Mikie Sherrill signed a bill into law Thursday that requires data centers in the state to provide the New Jersey Board of Public Utilities with semiannual water and energy usage reports.

  • August 28, 2026

    Trump Denied New Bid To Federalize Hush Money Prosecution

    A New York federal judge on Friday again denied President Donald Trump's bid to move his criminal hush money conviction out of state court, finding as he did earlier that a federal law defense that Trump was operating in his official capacity would be meritless.

  • August 28, 2026

    IRS Corrects Proposed Regs On Foreign Tax Rules

    The Internal Revenue Service issued a notice Friday to correct several aspects of proposed regulations issued this month that relate to allocating foreign taxes following the repeal of a deferral election and the disallowance of foreign tax credits on certain distributions of previously taxed earnings.

  • August 28, 2026

    House Eyes Vote To Lock Supreme Court At 9 Justices

    The House returns from recess on Monday, and its agenda could include a vote to keep the number of U.S. Supreme Court justices at nine.

  • August 28, 2026

    Minnesota Urges Justices To Reject Foster Parents' ICWA Bid

    The Minnesota Attorney General's Office said two foster parents' challenge to the Indian Child Welfare Act is far from over, because even if they could clear a jurisdictional bar, the Supreme Court will likely remand the dispute and leave the couple's equal protection question to be litigated another day.

  • August 28, 2026

    4 Arguments For Benefits Attys To Watch In September

    The Fifth Circuit will weigh Louisiana's bid to block telehealth access to the abortion drug mifepristone, while the Fourth Circuit will hear Lockheed Martin's challenge to a trial court decision that kept a pension de-risking suit alive. Here's a look at these and other argument sessions that should be on benefits attorneys' radar next month.

  • August 27, 2026

    Anthropic Judge Rejects Trump's Nat'l Security 'Blank Check'

    The U.S. Department of Defense's designation of Anthropic PBC as a supply chain risk to national security was not based on a credible threat, but rather was retaliation for the company's public criticism of the Trump administration's position in contract negotiations, a California federal judge ruled Thursday.

  • August 27, 2026

    Mass. Judge Halts USPS Mail Ballot Rule Before Midterms

    A Massachusetts federal judge late Thursday temporarily blocked the U.S. Postal Service from implementing a new rule allowing it to deny delivery of mail-in ballots from voters whose names are not on citizenship lists the Trump administration is compiling ahead of November's midterms.

  • August 27, 2026

    OCC, FDIC Raise Bar For Examiners To Criticize Banks

    Federal banking regulators moved Thursday to rein in their use of supervisory warnings and enforcement actions, rolling out new standards that they said will focus examiner attention on material financial risks rather than process and documentation concerns.

  • August 27, 2026

    OpenAI Leads Corporate Push To Bolster Cyber Defense

    OpenAI and more than 100 other companies and organizations signed an open letter Thursday calling for a global surge in cyber defense, warning that artificial intelligence will make cyberattacks "more widespread and sophisticated" in the coming months.

  • August 27, 2026

    States' Suit Says HHS Terms Threaten Family Planning Dollars

    Twenty-three states launched a lawsuit in Maryland federal court Thursday challenging the U.S. Department of Health and Human Services' new conditions on federal funding for family planning services that they say would require recipients end support for "gender ideology," abandon diversity programming and drive patients toward parenthood and marriage.

  • August 27, 2026

    SD Judge Takes On Voter ID Rule Affecting Tribes

    A South Dakota federal judge expedited briefing for a preliminary injunction bid in a League of Women Voters lawsuit against the state ahead of absentee voting that starts Sept. 18, ruling the league can hasten its challenge of a new documentary proof of citizenship requirement.

  • August 27, 2026

    Enviro Groups Seek More Time To Fight Roadless Rule Repeal

    Environmental groups have asked the U.S. Forest Service to extend a public comment period for its proposal to scrap a 25-year-old "Roadless Rule" that bars logging and road construction on tens of millions of acres of national forest around the country.

  • August 27, 2026

    Colo. AG Accuses EarnIn Of Making Illegal Payday Loans

    Colorado's attorney general has accused the financial firm EarnIn of illegally providing "predatory" payday loans to tens of thousands of Coloradans through its earned wage access product, charging annual percentage rates of 1,000% or more.

  • August 27, 2026

    DOJ Targets 4 More States Over Immigrant Tuition Benefits

    The U.S. Department of Justice sued Arizona, New Mexico, Oregon and Washington on Thursday over their laws allowing unauthorized immigrants to pay in-state tuition, arguing the measures amount to unconstitutional discrimination against U.S. citizens.

  • August 27, 2026

    FCC Ends Caption Reg On Public Channel Video Programmers

    The Federal Communications Commission has scrapped a requirement that video programmers show they comply with closed captioning rules if they only provide content to local public, educational and governmental channels that are exempt from captioning mandates.

  • August 27, 2026

    'We Are Not Afraid To Try This Case,' Says Rep. McIver's Atty

    Rep. LaMonica McIver, D-N.J., and her legal team Thursday outlined her options following the appeals court decision affirming that charges against her arising from her oversight visit to an immigration detention facility can move forward.

  • August 27, 2026

    NY, Sheriffs File Dueling Suits Over ICE Agreements

    New York Gov. Kathy Hochul and Attorney General Letitia James sued the Rensselaer County Sheriff's Office on Thursday for failing to comply with a newly enacted state law requiring local law enforcement agencies to end agreements to assist with federal immigration enforcement.

  • August 27, 2026

    Chamber Says FTC's Meta Appeal Trying To 'Rewrite' Law

    The U.S. Chamber of Commerce and other amicus filers urged the D.C. Circuit not to revive the Federal Trade Commission monopolization lawsuit targeting Meta's purchases of WhatsApp and Instagram, taking issue Thursday with how the FTC characterizes social media competition, consumer behavior and the law allowing it to sue.

  • August 27, 2026

    Officer Assaults Not Always Violent Crimes, 8th Circ. Says

    An Eighth Circuit panel has ruled that assault against a federal employee is not categorically a crime of violence, saying U.S. Supreme Court precedent demands proof of more physical force than a conviction under the federal statute requires.  

  • August 27, 2026

    Telecoms Face FCC Call Block Over Robocall Compliance

    The Federal Communications Commission has told nine different telecoms that they need to get right with their robocall mitigation database certifications or face being booted off U.S. networks.

  • August 27, 2026

    SpaceX Seeks Green Light On Gen3 System

    Since the FCC is already in the middle of overhauling its satellite licensing framework to presume applications are in the public interest if they follow certain rules, SpaceX wants the agency to apply that presumption to the 100,000-satellite constellation it has proposed.

  • August 27, 2026

    Ex-West Point Prof Says Climate Science Stand Cost Him Job

    A former West Point professor is alleging in New York federal court that the military academy violated his First Amendment rights when it forced him out after he voiced opposition to a directive to stop teaching cadets about human contributions to climate change.

  • August 27, 2026

    Charter Schools Blast Proposal To Limit E-Rate To Rural Areas

    Public charter schools told the Federal Communications Commission that the agency cannot pare back the E-Rate subsidy program to just rural areas because Congress meant the program to serve all low-income areas, including urban neighborhoods.

Expert Analysis

  • How Data Broker Laws Are Reaching Consumer-Facing Cos.

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    As states, most recently New Jersey, expand the scope of data broker laws to cover some customer data sharing, consumer-facing companies should reassess advertising, vendor and partner arrangements to determine whether they trigger registration, contracting and governance obligations, says Sam Castic at Hintze Law.

  • How Axing SEC Trade-Through Rule Could Reshape Markets

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    The proposed elimination of a Securities and Exchange Commission rule that mandates a price benchmark for equity securities trades could allow blockchain-based trades to compete with legacy frameworks in registered markets, potentially serving as a test case for updated regulatory models, say Alex Zozos at Superstate, and Lewis Rinaudo Cohen and Edward Leaf at Cahill Gordon.

  • 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.

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