Public Policy

  • October 09, 2026

    Conn. Says CFTC Rehashing Failed Sports Contract Position

    Connecticut has criticized the Commodity Futures Trading Commission's bid in Connecticut federal court to block the state from regulating prediction market platforms' sports-related offerings, noting the same presiding judge already denied Kalshi's motion seeking such relief.

  • October 09, 2026

    Anthropic Says Claude Gave False Murder Tip To Philly Cops

    Anthropic on Friday disclosed a series of incidents in which its Claude artificial intelligence tool went rogue, particularly in interactions with federal and local government websites, including an incident in which it submitted a false tip about an unsolved homicide to the Philadelphia Police Department.

  • October 09, 2026

    CFTC Proposes Rules To Codify Prediction Market Authority

    The U.S. Commodity Futures Trading Commission on Friday took steps to codify its authority over sports, politics and culture event contracts, in a move to affirm the agency's view that prediction markets are under its "exclusive jurisdiction" and beyond the reach of states.

  • October 09, 2026

    Trump Admin Aims To 'Rein In' ICC With New Sanctions

    The Trump administration Friday imposed new sanctions on the International Criminal Court, which swiftly condemned the move as "an assault on the rule of law and on the very foundations of the international legal order."

  • October 09, 2026

    Warren Presses Fed For Details Of Early SVB Report Access

    The U.S. Senate Banking Committee's top Democrat is calling on Federal Reserve officials for answers after some outside experts were given an early look at a recent independent report on Silicon Valley Bank's collapse, questioning who authorized the access and how recipients were chosen.

  • October 09, 2026

    5th Circ. Judges Clash Over Trans Restroom Photo Case

    A split Fifth Circuit on Friday declined to rehear a preliminary injunction bid in a case challenging the constitutionality of enforcing a Texas privacy law against a plaintiff who tweeted a photo of a trans woman in a bathroom, spurring three judges to author contentious concurring and dissenting opinions.

  • October 09, 2026

    9th Circ. Sides With Forest Service In Idaho Project Suit

    The Ninth Circuit on Friday reversed a lower court's finding that the U.S. Forest Service ran afoul of the National Forest Management Act when it approved an Idaho project, ruling the court erred when analyzing the project's compliance with limits on road construction in areas in and around bear habitat.

  • October 09, 2026

    Trump Admin Finalizes Rule To Fast-Track Immigration Fines

    The U.S. Department of Homeland Security is moving forward with a final rule that looks to make it easier to impose civil monetary penalties on noncitizens who enter the country without authorization or fail to voluntarily depart, according to a notice issued Friday.

  • October 09, 2026

    FBI Portal Hack Sharpens Focus On Cyber Regulation Path

    The recent hack of the FBI's jobs portal underscores mounting cyberthreats to government agencies and critical infrastructure, fueling the debate over whether internal fixes or formal regulation can best address the growing cyber risks powered by artificial intelligence.

  • October 09, 2026

    DOJ Seeks To Pause Order Blocking Demand For Driver Data

    The Justice Department is asking a Virginia federal judge to pause his injunction barring the Trump administration from obtaining millions of commercial driver's license records from a nationwide database while it appeals the ruling, claiming that the district court likely lacked jurisdiction to hear the lawsuit in the first place.

  • October 09, 2026

    Payday Lender Says Baltimore Oversteps Its Power With Suit

    Dave Inc. has pushed back on a lawsuit brought by the city of Baltimore, saying the municipality has exceeded its powers by using a local ordinance to accuse the payday lender of charging excessive interest rates on its products.

  • October 09, 2026

    Feds Chided For Pace Of Deported Nigerian Man's Return

    A California federal judge on Friday expressed frustration with the government for having "slow-walked" the return of a Nigerian citizen it deported to Ghana and who had to hide in Togo after refusing to board a bus bound for Nigeria, where an immigration court determined he couldn't be deported.

  • October 09, 2026

    Species Protections May Differ By State Under Senate Bill

    A new U.S. Senate bill proposing to change federal agencies' consultation process for energy and infrastructure projects could lead to inconsistent wildlife protections in different states and includes some provisions that may ultimately be counterproductive to speeding up development.

  • October 09, 2026

    Cities Ask Justices To Undo Texas-DOJ Immigration Rule Deal

    Democracy Forward Foundation and several cities asked the U.S. Supreme Court on Friday to stay a district court's approval of a deal Texas and the Trump administration struck to vacate a Biden-era rule allowing immigration courts to temporarily close cases.

  • October 09, 2026

    DOJ Policy Checking Voters' Immigration Status Banned

    A D.C. federal judge has struck down the U.S. Department of Justice's new policy of collecting states' unredacted voter information to cross-check voter rolls against immigration databases, saying federal voting laws the agency relied on were meant to protect the right to vote and not take it away.

  • October 09, 2026

    Fla. Judge Weighs Combining $320M Epstein Victims' FBI Suit

    A Florida federal judge requested input from the government and multiple alleged survivors of Jeffrey Epstein's sex crimes on whether to combine a pair of lawsuits claiming investigations into the late financier were mishandled, including one complaint seeking $320 million for law enforcement over ignoring reports of criminal abuse.

  • October 09, 2026

    FCC Proposes Rules To Vet Broadband Subsidy Recipients

    Almost five months after the Rural Broadband Protection Act was signed into law, the Federal Communications Commission is getting the ball rolling on establishing the vetting process mandated by the law for internet service providers taking part in the agency's "high cost" program.

  • October 09, 2026

    FCC Urged To Put Hold On Repeal Of Media Ownership Cap

    Several groups are calling on the Federal Communications Commission to stay a recent order lifting its long-standing 39% cap on national broadcast audience reach while a court battle plays out.

  • October 09, 2026

    FCC To Begin Search For Upper C-Band Clearinghouse Admin

    The Federal Communications Commission has begun the process of selecting an entity that will serve as the clearinghouse charged with reimbursing incumbent spectrum users for making way for 5G wireless in the upper C-band.

  • October 09, 2026

    Pa. Justices Won't Extend Deadline For 'Skill Games' Removal

    The Pennsylvania Supreme Court has denied a request from three state lawmakers and a group of "skill games" operators to extend the deadline for businesses to remove devices that the high court recently deemed illegal slot machines.

  • October 09, 2026

    Phaseout Of FCC's E-Rate Could Dampen GDP, Report Says

    An advocacy group warned that a Federal Communications Commission plan to eventually phase out the E-Rate connectivity aid program could dampen U.S. economic output.

  • October 09, 2026

    Can Trade Secret Law Protect Indigenous Knowledge?

    As the U.S. and other countries struggle to agree on new international protections for Indigenous knowledge, trade secret law is drawing renewed attention as a possible solution for material that communities actually keep confidential.

  • October 09, 2026

    States Fight DOL's Ax Of Unemployment Insurance Grants

    Fourteen states sued the federal government in the U.S. Court of Federal Claims on Friday, alleging the U.S. Department of Labor wrongfully terminated grants intended for modernizing their unemployment insurance programs.

  • October 09, 2026

    Noncitizen Guantánamo Detainees Fight Closed-Hearing Bid

    Lead plaintiffs in a certified class of noncitizen Guantánamo Bay detainees who are challenging a Trump administration policy to detain noncitizens at Guantánamo Bay asked a D.C. federal judge to reject an administration request to close an upcoming hearing when officials are anticipated to testify about the policy.

  • October 09, 2026

    Feds Say Calif. 'Clean Trucks' Pact Usurps Emissions Rules

    The Trump administration said Friday that California cannot usurp exclusive federal authority to set uniform motor vehicle emissions standards, urging a federal judge to strike down the Golden State's efforts to still enforce stricter emissions mandates on heavy-duty truck manufacturers in defiance of federal law.

Expert Analysis

  • 2 Cases Shed Light On Invoking The 5th Before Congress

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    Given the anticipated increase in congressional investigations following the midterm elections, those who anticipate being in Congress' spotlight can draw valuable Fifth Amendment lessons from the ongoing case involving Dr. Anthony Fauci's testimony and the D.C. Circuit’s recent ruling in de la Torre v. Cassidy, say attorneys at King & Spalding.

  • AG Watch: Oregon Targets Consumer Costs

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    Oregon Attorney General Dan Rayfield's challenges to bank interest rate and escrow preemption signal heightened scrutiny of consumer costs for lending services, requiring financial institutions serving Oregon and other states with opt-out laws to reassess compliance risk, says Keturah Taylor at Cozen O'Connor.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • FTC Focus: A Shift In The Pricing Disclosure Terrain

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    Recent state and Federal Trade Commission developments spotlight materially different ways in which personalized pricing might be addressed, which could result in an increasingly fragmented regulatory landscape in which businesses face differing disclosure obligations and substantive restrictions depending upon the jurisdiction, say attorneys at Proskauer.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Compliance Lessons From Agriculture Co. Mexican Bribe DPA

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    Agricultural company Scoular’s recently announced deferred prosecution agreement over alleged Foreign Corrupt Practices Act violations at the U.S.-Mexico border reinforces the U.S. Department of Justice’s focus on cartels, and companies must accordingly ensure they address risks associated with the use of customs brokers, says Adam Safwat at Foley Hoag.

  • OpenAI Deal Highlights AI Hiring Risks In PERM Process

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    The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

  • 5 Practice Tips After DOJ's Healthcare Fraud Declination

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    In light of the U.S. Department of Justice's decision to not prosecute Campus Eye Management under the agency's new corporate enforcement and voluntary self-disclosure policy, healthcare companies should keep several considerations in mind when weighing their risk and self-disclosure strategy, including the distinctions between reporting to the DOJ versus other government agencies, say attorneys at Haynes Boone.

  • 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.

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