Public Policy

  • September 22, 2026

    Colo. Justices Mull Trial Court's Authority In Water Rights Suit

    The Colorado Supreme Court grappled Tuesday with ranchers' bid for the justices to overturn a water court's order allowing a change of water right for a right they say was not at issue, questioning counsel on the water court's authority to impose certain conditions in the neighbors' 10-year legal battle.

  • September 22, 2026

    USPTO Announces New AI Chief, Int'l Pilot, Outreach Office

    The U.S. Patent and Trademark Office has a new leader for artificial intelligence, is participating in a pilot program for a global intellectual property recordation system and is launching the latest outreach office. Here's what you need to know.

  • September 22, 2026

    FTC's Ferguson: Don't Fight New Fed. Courts Merger Policy

    Federal Trade Commission Chairman Andrew Ferguson on Tuesday warned companies that fighting the FTC's shift to challenging mergers exclusively in federal court risks making "your life more difficult."

  • September 22, 2026

    CFTC Warns Prediction Platforms Of 'Mention Market' Risks

    The U.S. Commodity Futures Trading Commission on Tuesday warned prediction market operators that offering wagers on whether a person will say certain words, interact with someone or attend an event comes with heightened manipulation risks that platforms must address before listing.

  • September 22, 2026

    SEC E-Delivery Plan Draws Access Concerns, Enviro Praise

    State regulators, labor unions and at least one member of Congress are among those urging the U.S. Securities and Exchange Commission to rethink a proposal that would allow issuers and market intermediaries to default to electronic delivery of investor documents, while Wall Street groups and environmental advocates praised the measure.

  • September 22, 2026

    FDA Must Revisit MiMedx Wound Care Powder Classification

    A Georgia federal judge vacated the Food and Drug Administration's classification of biomedical company MiMedx's wound care treatment as a biological product, which carries heightened regulatory requirements, finding the agency's determination was arbitrary because it had classified similar products as devices.

  • September 22, 2026

    Colo. Hospital Seeks To Toss Meta Pixel Patient Data Suit

    A Colorado hospital system has asked a federal court to toss a proposed class action accusing it of illegally sharing patients' browsing data with Meta through a website tracking tool, arguing the patient who sued failed to show he was harmed and that the conduct does not violate federal wiretapping law.

  • September 22, 2026

    Wash. Appeals Court Revives Colo. Tax Payment Dispute

    Whether intercompany payments count as profit, royalties or taxable management fees is a disputed question of fact, a Washington state appellate panel said Tuesday, ordering back to a trial court a dispute over whether a Colorado company and its affiliates owe Washington's business and occupation tax.

  • September 22, 2026

    Pa. Gov., Legislators Must Face Public-Defense Funding Suit

    A divided Pennsylvania appeals court has allowed a petition filed against the commonwealth's top political leaders to proceed, granting a path forward for the claims that chronic underfunding of public defender offices has led to indigent criminal defendants receiving ineffective legal assistance.

  • September 22, 2026

    Trump Admin Sued Over $289M In Soon-To-Lapse CDFI Funds

    A business advocacy group has sued the Trump administration, seeking to force it to distribute over $289 million in congressionally appropriated funds meant to support community development financial institutions before the funds lapse at the end of the month.

  • September 22, 2026

    Trump Admin Asks Justices To Curb Noncitizen Habeas Relief

    The Trump administration implored the U.S. Supreme Court to cure a circuit split over noncitizens filing habeas petitions to challenge their detention during pending removal proceedings, warning of "intolerable disuniformity" in how the Immigration and Nationality Act is administered.

  • September 22, 2026

    DC Circ. Nixes Congressional Veto Over Capitol Protests

    A D.C. Circuit panel on Tuesday deemed regulations barring demonstrations on the U.S. Capitol building's Eastern steps without a congressional sponsor unconstitutional, holding that the government cannot "pick and choose" who gets to use the space for protected speech.

  • September 22, 2026

    RI Judge Vacates Feds' Noncitizen Benefit Restrictions

    New York and other states applauded a Rhode Island federal judge's finding that the Trump administration flouted rulemaking requirements when it reinterpreted a 30-year-old welfare reform bill to try to subject a slew of federally funded benefit programs to immigration status verification requirements.

  • September 22, 2026

    DOJ Says Fired NCUA Members Aren't Like Fed Officials

    The U.S. Department of Justice is urging the D.C. Circuit to reverse a district court order reinstating ousted National Credit Union Administration board members, arguing Congress didn't impose presidential removal restrictions on the NCUA and that the agency isn't analogous to the Federal Reserve.

  • September 22, 2026

    Telecom Looks To Retire Legacy Phone Lines In NH, Maine

    A regional telecom provider has asked the Federal Communications Commission to approve a technology transition that would let the company switch out legacy systems for internet protocol networks in Maine and New Hampshire.

  • September 22, 2026

    Ga. Leaders Push For Nonpartisan Probate Elections

    Current and former Georgia officials on Tuesday threw their support behind a proposed constitutional amendment that would require probate judges to be elected in nonpartisan elections across the state, saying judges should be assessed on skill instead of politics.

  • September 22, 2026

    Del. High Court Upholds Permanent Absentee Voting Law

    The Delaware Supreme Court has preserved the state's permanent absentee voting law, rejecting two state Senate candidates' argument that the system violates the Delaware Constitution by allowing voters to automatically receive absentee ballots in future elections without reestablishing their eligibility each time.

  • September 22, 2026

    Ex-Charlotte Councilwoman Gets 10 Months For COVID Fraud

    A former city council member in Charlotte, North Carolina, was sentenced Tuesday to 10 months in federal prison on one count of wire fraud conspiracy after prosecutors said she submitted sham applications for COVID-19 relief funds with her two daughters.

  • September 22, 2026

    Guatemalan Children's Removal Rights Suit Stays Alive

    A D.C. federal judge on Monday left intact most claims challenging attempts by immigration officials to deport unaccompanied Guatemalan children in federal custody, noting the "hasty attempt" by the government to remove the children without due process or counsel.

  • September 22, 2026

    Blue States Expand Fight Over Trump Offshore Wind Buyouts

    Democratic-led states on Tuesday stepped up their fight against the Trump administration's buyouts of U.S. offshore wind leases, filing a trio of lawsuits that seek to undo payments to developers for abandoning projects on both the Atlantic and Pacific coasts.

  • September 22, 2026

    Commerce On The Lookout For Polysilicon Stockpiling

    The U.S. Department of Commerce is looking to prevent the stockpiling of imported polysilicon and derivative products ahead of tariffs and price floors that will come into effect in December, it said in new rules Tuesday.

  • September 22, 2026

    Law Firm Says Illinois Tollway Owes Limo-Crash Defense Fees

    The Illinois State Toll Highway Authority is being sued in Illinois state court by a Chicago law firm claiming the agency has failed to pay attorney fees for its defense in litigation over a catastrophic 2016 limousine crash.

  • September 22, 2026

    Oil Cos. Escape Mich. Climate Change Antitrust Suit

    A federal judge on Tuesday nixed a lawsuit from Michigan accusing global oil and gas giants of conspiring for decades to delay the transition from fossil fuels to renewable energy, ruling the allegations do not amount to valid antitrust claims.

  • September 22, 2026

    Commerce Sets Zero-Tariff Rules For Specialty Drugs

    Nuclear medicine and animal healthcare drugs are some of the products that will qualify for a zero rate when tariffs on imported pharmaceuticals take effect at the end of the month, according to a notice issued by the U.S. Department of Commerce's Bureau of Industry and Security.

  • September 22, 2026

    DC Judge Tosses Okla. Tribes' Gaming Compact Challenge

    A D.C. district court judge has handed the federal government a summary judgment win in a challenge by four tribes in a long-running dispute over gaming compacts, finding that the Indigenous nations failed to show they have standing.

Expert Analysis

  • 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.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

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