Public Policy

  • September 30, 2026

    UC Davis Accused Of Gender Bias In Financial Aid To Athletes

    Current and former University of California, Davis women's equestrian team members upset with the athletic program's downgrade from Division I status are accusing the school of violating Title IX by giving female student-athletes proportionally "far less" financial aid.

  • September 30, 2026

    DC Says Rail Fee Doesn't Favor Local Carriers Over Others

    The Office of Attorney General for the District of Columbia has urged a federal judge to uphold its annual per-car fee on railroads against a challenge from the freight industry, arguing the charge is valid under the dormant commerce clause because it doesn't favor in-state interests over those outside the district.

  • September 30, 2026

    Wyo. Asks To Intervene In Suit Over Lease Sales To Oil Cos.

    Wyoming urged a Colorado federal judge to allow the state to intervene in environmental nonprofit groups' lawsuit challenging the leasing of public lands in Colorado and Wyoming for oil and gas development, saying it could stand to lose millions of dollars in future revenue.

  • September 30, 2026

    Trump Says S. Korea Investing $54B In Alaska Gas Pipeline

    South Korea will invest about $200 billion in various U.S. energy projects, including $54 billion for a long-awaited Alaska liquid natural gas pipeline, as part of a deal trading investments in the U.S. for preferential tariff treatment, President Donald Trump announced Wednesday.

  • September 30, 2026

    IP Notebook: AI Dilution, Alamo TM, India Copyright Ruling

    An unsettled copyright theory over competition from artificial intelligence-generated works and a trademark clash between Texas and an association representing descendants of those who fought at the Battle of the Alamo lead this edition of Law360's look at emerging copyright and trademark issues.

  • September 30, 2026

    Trump's Rationale On Forced Labor Tariffs Misses, CIT Told

    The U.S. Trade Representative's report justifying President Donald Trump's latest round of global tariffs based on imports produced with forced labor should prove insufficient, counsel for small businesses told a panel of U.S. Court of International Trade judges during oral arguments Wednesday.

  • September 30, 2026

    FCC Eases Federal Enviro Reviews Of Broadband Projects

    The Federal Communications Commission voted Wednesday to substantially pare back environmental impact reviews of broadband deployment projects.

  • September 30, 2026

    States Back AGs' 6th Circ. Bid To Keep RealPage Rent Claims

    A contingent of 25 states is backing a Sixth Circuit appeal from several other state-level enforcers challenging settlements in private litigation that could block them from seeking damages over claims that landlords used RealPage's software to collude on residential rental rates.

  • September 30, 2026

    11th Circ. Seems Wary Of Ga. Campaign Finance Challenge

    The Eleventh Circuit appeared reluctant Wednesday to revive the Libertarian Party of Georgia and the Georgia Green Party's challenge to a Peach State campaign finance statute they say gives traditional political parties an unfair advantage, pressing their attorney on whether they had standing to sue. 

  • September 30, 2026

    3 States Ask High Court To Block Abortion Shield Laws

    Louisiana, Arkansas and Alabama urged the U.S. Supreme Court on Wednesday to strike down shield laws for reproductive care in New York, California and Massachusetts, alleging they illegally allow the mailing of abortion medication into states that restrict or ban abortion.

  • September 30, 2026

    International Group Agrees To Tackle Excess Steel Capcity

    The U.S., 31 other countries and the European Union agreed Wednesday to coordinate and strengthen trade measures against global excess steel capacity, according to a statement issued by the U.S. Trade Representative.

  • September 30, 2026

    Senate Leaders Unveil Project Permitting Overhaul

    U.S. Senate energy and environmental leaders on Wednesday unveiled bipartisan legislation aimed at speeding up the permitting of infrastructure projects, and said they hope to get the bill through the chamber during the lame-duck session following November's elections.

  • September 30, 2026

    College Sports Overhaul Still Uncertain Despite Senate Lift

    A yearslong effort to comprehensively regulate college sports surged ahead this week with the U.S. Senate's easy approval of bipartisan legislation, but lingering concerns about the bill's NCAA antitrust shield and other fraught policy fights are clouding its future.

  • September 30, 2026

    Judge Backs CMS' Contested Organ Procurement Metrics

    Federal health officials didn't violate federal law when they implemented a competitive rule that will alter how organ procurers are rated by decertifying low performers, a Florida federal judge ruled, a holding that could bring wide changes to the organ donor network. 

  • September 30, 2026

    Hemp Interests Say Texas THC Rule Defies Federal Law

    A trio of hemp interests challenging a Texas policy redesignating intoxicating hemp products as Schedule I substances have urged a federal judge to declare that the policy is both preempted by federal law and inconsistent with Texas state law.

  • September 30, 2026

    DOJ Accuses Judges Of Ethics Violations With Press Remarks

    Several Minnesota federal judges ran afoul of their ethical obligations when they commented on President Donald Trump's immigration policies in a recent news article, the U.S. Department of Justice said in a judicial misconduct complaint filed Wednesday.

  • September 30, 2026

    DC Judge Sends Shinnecock Land Dispute To NY Court

    A D.C. district court judge is moving a challenge over a decision to place 84 acres into a "restricted fee" status for the Shinnecock Indian Nation to a New York district court, saying the interest in "having local controversies decided at home tips heavily in favor of transfer."

  • September 30, 2026

    NJ Co. Says PPE Stockpiling Was Chinese Sovereign Activity

    A New Jersey company accused of helping China hoard personal protective equipment to create a monopoly at the start of the COVID-19 pandemic told the Eleventh Circuit that a lower court erred in finding that the allegations fall within the commercial activity exception to sovereign immunity.

  • September 30, 2026

    DOJ Atty Picked For Judgeship Probed On Fulton County Raid

    A top U.S. Department of Justice official tapped for a federal judgeship faced questions from Democratic lawmakers on Wednesday about the department's investigation in Fulton County, Georgia, over Trump's allegations of fraud in the 2020 election.

  • September 30, 2026

    Texas AG Says ABA Stifling Law School Competition

    The Texas Attorney General announced an investigation into the American Bar Association relating to alleged anticompetitive conduct in the association's accreditation of law schools, claiming Wednesday that the ABA "weaponized its accreditation authority" to push "unconstitutional racial and gender preference requirements."

  • September 30, 2026

    Sen. Blackburn Sues Smith For Seizing Phone Records

    U.S. Sen. Marsha Blackburn alleges in a federal complaint filed Wednesday that Jack Smith illegally subpoenaed her phone records as part of an investigation into alleged efforts to overturn the results of the 2020 presidential election.

  • September 30, 2026

    Split 9th Circ. Keeps Ariz. Land Swap In Place

    The Ninth Circuit won't rethink a decision to allow a 2,500-acre land exchange within Arizona's Tonto National Forest that tribal nations and conservation groups say will destroy a sacred Apache worship site, with several judges voicing opposition in a pair of dissents and a statement saying the circuit court's 2024 decision in the dispute was wrong.

  • September 30, 2026

    Commerce Finds Chinese, Indian Electrodes Being Stockpiled

    Imports of electrodes used for smelting from India appear to have surged in response to the opening of a countervailing duty investigation, the U.S. Department of Commerce preliminarily found Wednesday, setting up possible retroactive duties on the goods.

  • September 30, 2026

    Bessent Owes $910K In Taxes As Limited Partner, Wyden Says

    Treasury Secretary Scott Bessent should pay more than $910,000 in payroll taxes as a hedge fund limited partner after the Second Circuit ruled that such partners are subject to the self-employment tax, Senate Finance Committee ranking member Ron Wyden said Wednesday.

  • September 30, 2026

    Judge Orders ICE Reports After Hold Room Violations

    A Maryland federal judge ordered U.S. Immigration and Customs Enforcement to provide cell count and medical care data for its short-term holding facilities in Baltimore, largely granting a detainee class's push to enforce an injunction issued over "deplorable" and likely unconstitutional conditions.

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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