Public Policy

  • October 16, 2026

    US Says 1907 Border Strip Lets Wall Work Continue

    The federal government is asking the D.C. Circuit to deny an Arizona tribe's emergency bid to block border wall construction, saying the Indigenous nation's claim that a 1907 law that established the Roosevelt Reservation as part of its traditional homelands ignores history and precedent.

  • October 16, 2026

    Former Connecticut Budget Boss' 2nd Bribery Trial Delayed

    A Connecticut federal judge Friday rescheduled a Medicaid audit-related corruption trial for former state budget official Konstantinos Diamantis, who remains on the lam after fleeing to Greece as sentencing neared in an earlier corruption case connected to school construction bribes.

  • October 16, 2026

    China Tightens Export Controls On AI, Biotech Technologies

    China will add 40 new products spanning across the artificial intelligence, biotechnologies and photovoltaic sectors to a pre-export registration requirements list, the Chinese Ministry of Commerce announced Friday.

  • October 16, 2026

    Brokers Sue CMS Over Moratorium On ACA Registration

    A trade group for brokers and other health insurance professionals urged a Maryland federal court to halt the U.S. Center for Medicare and Medicaid Services' moratorium on new registrations of agents and brokers, arguing the policy and a related rule don't comply with administrative procedure.

  • October 16, 2026

    Dems Press Kirkland Again For Details Of $125M Trump Deal

    A trio of congressional Democrats once again accused Kirkland & Ellis LLP of subverting their oversight requests into the $125 million deal the firm cut with the Trump administration last year.

  • October 16, 2026

    Mich. Panel Says PIP Opt-Out Bars State Medical Coverage

    Michigan motorists who opt out of personal injury protection medical benefits cannot obtain such coverage through the state's assigned claims plan if they are injured as a non-occupant of a motor vehicle, a Michigan state appeals court ruled.

  • October 16, 2026

    Judge Gives Final OK To $360M In RealPage Class Deals

    A Tennessee federal judge has granted final approval for about $360 million worth of class action settlements with renters who accused dozens of corporate landlords of engaging in rent price-fixing by using RealPage Inc.'s rental property revenue management software.

  • October 16, 2026

    Healthcare VP Gets 18 Months In $450M Medicare Scheme

    A former healthcare executive who cooperated with the government received an 18-month sentence Friday for his role in helping operate a $450 million scheme to swindle Medicare by using software that created false prescriptions for orthotic braces.

  • October 16, 2026

    Commerce Eyes UK Assembly In China Saw Blade Duty Probe

    The U.S. Department of Commerce will investigate whether Chinese duties should apply to an importer's diamond saw blades that domestic competitors allege are misrepresented as arriving from the United Kingdom, according to a notice published Friday. 

  • October 16, 2026

    Expect These Post-Midterm Probes If The Hill Changes Hands

    The top investigative priorities of a potentially Democratic-controlled Congress are coming into sharper focus with the midterms weeks away and could impact an array of companies and individuals in technology, finance and energy, experts say.

  • October 16, 2026

    Commerce Finalizes Duty Rate For Chinese Truck Bed Covers

    Several Chinese exporters of truck bed covers face an over 142% countervailing duty rate following the results of a U.S. Department of Commerce investigation that found the goods were subsidized, according to a final determination published Friday.

  • October 16, 2026

    NCAA Sues Ohio Gov. Over Athlete Eligibility Expansion

    The NCAA sued Ohio Gov. Mike DeWine on Friday, asking a federal judge to set aside the governor's executive order authorizing the state's universities to ignore the association's recently revised athlete eligibility rules.

  • October 16, 2026

    Feds Say Archaeologists Have No Stake In Graves Rule Fight

    The U.S. Interior Department is asking a district court to dismiss a challenge from the Wyoming Association of Professional Archaeologists that looks to block the transfer of six Indigenous collections to the federal government, arguing the group lacks a personal stake in the case to show standing.

  • October 15, 2026

    Would-Be Kavanaugh Assassin Slams Feds' Skewed Facts

    A woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh told the Fourth Circuit that federal prosecutors have presented a "wildly inaccurate description" of a Maryland federal judge's sentencing decision, rejecting their argument that she got off too easy because of her gender identity.

  • October 15, 2026

    NYC Sanctuary Policies Survive Trump Admin. Lawsuit

    A New York federal judge on Thursday tossed the Trump administration's lawsuit challenging New York City policies that the administration alleged unconstitutionally obstruct federal immigration enforcement, saying federal law the administration leaned on does not preempt the sanctuary provisions.

  • October 15, 2026

    Ex-FBI Agents Claim Trump's Vendetta Led To Firings

    Ex-FBI agents and analysts who investigated President Donald Trump's retention of classified documents sued FBI Director Kash Patel in D.C. federal court Thursday, alleging Patel unconstitutionally fired them after a video of him drinking went viral to get back in Trump's good graces and "to satisfy the president's personal vendetta."

  • October 15, 2026

    Anthropic Urges DC Circ. To Revisit Defense Supply Risk Ban

    Anthropic has urged the D.C. Circuit to reconsider a split panel's decision allowing the Pentagon to exclude Claude artificial intelligence models from its supply chain, saying the decision, if left standing, puts U.S. companies at risk of punishment for refusing Pentagon demands.

  • October 15, 2026

    2nd Circ. Doubts NY's Power To Regulate Nuclear Discharge

    A Second Circuit panel appeared skeptical of a New York law banning a decommissioned nuclear power plant's waste from being discharged into the Hudson River, asking pointed questions on Thursday on why those discharges are not part of the plant's operations.

  • October 15, 2026

    Eight States Sue OpenAI Over ChatGPT Safety Risks

    A group of attorneys general of eight states, including Arkansas and Arizona, on Wednesday hit OpenAI with suits alleging that the company knowingly misled the public about the safety risks of its ChatGPT artificial intelligence bot.

  • October 15, 2026

    Texas Appeals Court Says Cities Can't Block ETJ Opt-Out Law

    A Texas appeals court on Thursday found that cities cannot block a state law that allows citizens living in areas surrounding municipalities to leave the cities' jurisdiction, saying the law does not violate the Texas Constitution.

  • October 15, 2026

    Market Surveillance Co. Taps Ex-CFTC Counsel To Lead Policy

    Fintech-focused market surveillance firm Solidus Labs announced Thursday that it's brought on a former U.S. Commodity Futures Trading Commission attorney who advised lawmakers on closely watched crypto legislation to lead its policy efforts.

  • October 15, 2026

    Fed's Bowman Says Regulators Must Focus On Material Risks

    Federal Reserve Vice Chair for Supervision Michelle Bowman has urged international banking regulators to focus on addressing material risks to the financial system instead of pursuing what she described as "less valuable work," based on flawed assessments of Silicon Valley Bank's 2023 collapse.

  • October 15, 2026

    Wash. Justices Doubt Prosecutor Immunity In Judge DQ Case

    Washington Supreme Court justices pushed back Thursday on assertions by a county prosecutor's office that it's immune from claims that it improperly used disqualification affidavits to remove a former judge from its cases, with one justice noting that a line-level prosecutor acknowledged an officewide policy to seek disqualification of the judge.

  • October 15, 2026

    Louisiana Asks Justices To Undo Stay In Coastal Damage Suit

    Louisiana urged the U.S. Supreme Court to erase a Fifth Circuit stay of a remand order preventing one of its parishes from litigating coastal damage claims against an oil and gas company in state court, arguing the "comity essential to our federalism" was disrupted.

  • October 15, 2026

    Dems Want FTC To Investigate Online Homebuying Industry

    Democratic U.S. Sens. Cory Booker and Elizabeth Warren asked the Federal Trade Commission Thursday to conduct an antitrust investigation into the "anticompetitive and deceptive practices" of the country's online homebuying industry, saying that the FTC needs to employ "every enforcement tool available to restore competition to the entire online real estate marketplace."

Expert Analysis

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • How Data Center Projects Can Navigate Wyo. Siting Process

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    As opposition to data center development grows nationwide, the way that Wyoming is handling the issue through its industrial siting process offers a counterintuitive lesson: More process, not less, can provide both meaningful scrutiny and a clear path forward for projects, says Jeffrey Pope at Holland & Hart.

  • Tips From Apex Ruling On Handling Workers' Public Criticism

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    A National Labor Relations Board judge’s recent finding that Apex Fintech Services illegally reined in an employee’s public criticism on LinkedIn should caution employers that overbroad policies and reflexive responses may not only fail to defend the company’s reputation, but compound risks of federal labor charges, say attorneys at Krevolin Horst.

  • 4 Paths To AI Safety Coordination Amid Antitrust Debate

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    Frontier artificial intelligence companies have more room for collective safety work than the debate over an antitrust waiver suggests, with several existing avenues providing different degrees of protection and oversight, says Evan Miller at V&E.

  • How Cannabis Rescheduling Is Reshaping Bankruptcy

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    As broader cannabis rescheduling awaits a recommended decision, cannabis companies continue to test the boundaries of the Bankruptcy Code, with the recent Cannabist Chapter 15 recognition order suggesting that governmental resistance may be reduced in future filings, say attorneys at Thompson Coburn.

  • How Calif. Privacy Bill Could Change CIPA Tracking Cases

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    If California Gov. Gavin Newsom signs S.B. 690, the bill could materially reduce the leverage behind a pen-register-only claim or demand, so California Invasion of Privacy Act website tracking claims should not be evaluated the same way they were six months ago, says Alexandra Samofalova at Spencer Fane.

  • Risk Considerations As EEOC Moves To Ax Data Reports

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    While the U.S. Equal Employment Opportunity Commission's recent proposal to rescind requirements for workforce demographic reporting wouldn't bar employers from collecting data, companies would have to be especially careful to gather and use such information in legally defensible ways, say attorneys at Foley & Lardner.

  • For Faster FDIC Review, Banks Must Front-Load Prep

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    Banks seeking to benefit from the efficiency promised by the Federal Deposit Insurance Corp.’s new two-phase review of deposit insurance applications must prioritize filing comprehensive submissions or risk the fate of applicants recently rejected by the Comptroller of the Currency, say attorneys at Skadden.

  • A Look At Loper Bright's Uneven Effect On Immigration Law

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    Recently decided cases in the Second and Fourth Circuits show the disparate effects independent judicial review has had on long-standing immigration precedents since the U.S. Supreme Court's 2024 ruling that ended Chevron deference, says Danny Alicea at the Legal Aid Society.

  • Opinion

    New CMS Medical Device Pathway May Have Limited Effect

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    The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • Time Is On Payment Processors' Side As Deal Dynamics Shift

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    As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

  • A Road Map To Modernizing Clinical Lab Regulations

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    The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

  • IRS Notice Helps Bridge Carbon Capture Reporting Gap

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    Recent guidance that extends a safe harbor for taxpayers claiming Section 45Q carbon capture credits provides a temporary reporting method that may keep viable projects moving while the U.S. Department of the Treasury and the Environmental Protection Agency address future reporting standards, says Peter Lowy at Nelson Mullins.

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