Public Policy

  • October 01, 2026

    4 Key Takeaways From The Senate Permitting Legislation

    Bipartisan permitting legislation unveiled in the U.S. Senate on Wednesday could be a game-changer for how quickly energy infrastructure projects get built, though the bill faces a long, difficult path to becoming law. Here are four takeaways from the proposal.

  • October 01, 2026

    6th Circ. Backs Immunity In Search Of Empty Home

    Michigan state troopers who searched a vacationing couple's home while attempting to execute a bench warrant are protected by qualified immunity because existing case law has not established that such a search is a violation of constitutional rights, a Sixth Circuit panel said Wednesday.

  • October 01, 2026

    NH Families Seek To Block Medicaid Ban On Youth Trans Care

    Transgender adolescents and their parents urged a New Hampshire federal court Thursday to block the Trump administration's plan to cut off Medicaid funding for minors' gender-affirming care, arguing it's unconstitutional, motivated by discriminatory animus and violates the Administrative Procedure Act.

  • October 01, 2026

    Customers Ask 9th Circ. To Halt Paramount-Warner Bros. Deal

    Streaming service customers are asking the Ninth Circuit to step in and stop Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery until a court can decide if their antitrust suit challenging the merger will be dismissed.

  • October 01, 2026

    Water Utilities Say EPA Rule Defines Them Too Broadly

    The fate of a federal plan to eliminate the nation's lead drinking-water pipes may come down to a debate over the definition of a public water system.

  • October 01, 2026

    Google Ad Tech MDL Teed Up For Trial Largely Intact

    Gannett, the Daily Mail and a certified class of website publishers scored a major win with a New York federal court ruling largely refusing to let Google scrap antitrust allegations targeting its advertising placement technology business in sprawling multidistrict litigation.

  • October 01, 2026

    Judge Bars HHS Medicaid Cuts For Wash. Noncitizens On SSI

    A federal judge has temporarily halted the U.S. Department of Health and Human Services' attempts to cancel Medicaid benefits to noncitizens in Washington state receiving supplemental security income, finding the loss of benefits could lead to permanent disability or death.

  • October 01, 2026

    SEC Changes Quorum Requirements As Peirce Exits

    The U.S. Securities and Exchange Commission has changed its quorum requirements for the first time in 30 years, clarifying that only one member of the agency needs to vote on enforcement and regulatory matters as Commissioner Hester Peirce prepares to leave Friday. 

  • October 01, 2026

    DOJ's RealPage Deal Doesn't End States' Antitrust Claims

    A North Carolina federal court has refused to toss antitrust claims from state enforcers accusing RealPage of providing software that allows residential building owners to inflate rents, despite RealPage's settlement in the case with the U.S. Department of Justice.

  • October 01, 2026

    Trump Says Copyright Chief Can't Stay In Office Amid Appeal

    The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

  • October 01, 2026

    FCC Officially Ditches Race, Ethnicity, Gender Reporting Reqs

    The Federal Communications Commission has officially done away with a rule that required TV and radio broadcasters to disclose data about their employment diversity to the agency after the Fifth Circuit struck the rule down last year.

  • October 01, 2026

    Ex-Actavis Exec Escapes Some Drug Price-Fixing Claims

    A Connecticut federal judge has dismissed a swath of claims against a former executive of Actavis and Taro in the generic drug price‑fixing litigation brought by state enforcers, holding that evidence was insufficient to prove he joined several alleged single‑drug conspiracies.

  • October 01, 2026

    Pa. Justices Keep But Decry $250K Damages Cap In $7M Case

    The Pennsylvania Supreme Court has opted to preserve the $250,000 limit on damages claims against state agencies, with the majority of justices rejecting a constitutional challenge to the cap because it doesn't impede a plaintiff's right to a jury trial, only the amount of recovery.

  • October 01, 2026

    Blue States Fight EPA Rollback Of Power Plant Climate Rules

    A New York-led coalition of mostly Democratic states and municipalities lodged a petition on Thursday before the D.C. Circuit challenging the U.S. Environmental Protection Agency's recent repeal of Biden-era limits on greenhouse gas emissions from fossil fuel-fired power plants.

  • October 01, 2026

    CFPB Couldn't Verify Security Of Tech Left In Offices, IG Says

    The Consumer Financial Protection Bureau left computer equipment sitting in its now-closed regional offices for more than a year and a half without confirming that the hardware, and any sensitive material on it, was locked down, a federal watchdog said Thursday.

  • October 01, 2026

    Dems Want FHFA To Restore Internal Watchdog's Funding

    A group of 11 Democratic U.S. Senators told the Federal Housing Finance Agency not to proceed with "unlawfully slashing" the FHFA's Office of Inspector General budget for fiscal year 2027.

  • October 01, 2026

    Colo. Energy Rules Can't Shake Federal Preemption Suit

    A federal court allowed real estate industry groups' suit challenging Colorado's and Denver's building energy-performance standards to move forward, finding the groups plausibly alleged the regulations are preempted by federal law governing appliance efficiency standards while tossing their claims about consumer appliances as untimely.

  • October 01, 2026

    NY, Wyo. To Collaborate For Faster Crypto Reviews, Exams

    Financial regulators in New York and Wyoming on Thursday said they have agreed to collaborate on crypto oversight in ways that could cut down on duplicative review processes and exams for fintechs operating in both states.

  • October 01, 2026

    Calif. Judge Vacates Trump's $100K H-1B Fee Policies

    A California federal judge has vacated the implementing policies underlying President Donald Trump's $100,000 H-1B visa fee, saying the federal agencies charged with implementing the fee ran afoul of rulemaking procedures required by the Administrative Procedure Act.

  • October 01, 2026

    11th Circ. Told Maduro Owes $217M, Not Venezuelan Oil Co.

    Venezuela's state oil company told the Eleventh Circuit that it shouldn't be forced to pay a $217 million judgment owed to the family of a political opposition leader who was tortured and killed by his government, arguing Thursday that it was never an agent of former dictator Nicolás Maduro. 

  • October 01, 2026

    Flint Beats Protest Claims After Lawyer Disqualified

    A Michigan federal judge has dismissed a civil rights suit accusing Flint officials and police officers of violating protesters' constitutional rights during a 2025 march, months after the judge disqualified the protesters' attorney over his connection to a law firm barred from practicing in Michigan courts.

  • October 01, 2026

    Colo. Judge Needs More Info In Energy Agency Records Fight

    A Colorado state judge said Thursday that she needs additional briefing before deciding if the deliberative process privilege under the state's open records law shields the Colorado Energy and Carbon Management Commission from providing meeting minutes sought after in a public records request.

  • October 01, 2026

    4 Questions About EU And Canada's Vow To Strengthen Ties

    The European Union's invitation for Canada to become an associate member of the bloc raises questions about the potential practical and political ramifications of such an effort. From technical details on what that membership might look like to political obstacles and how the U.S. fits in, here are four questions facing the endeavor.

  • October 01, 2026

    7th Circ. Won't Rehear Enbridge's Wis. Tribal Trespass Fight

    The Seventh Circuit has refused to rehear Enbridge Energy's petition seeking to overturn a decision that its Line 5 pipeline is trespassing on Wisconsin tribal lands, but also sent back to a lower court a $5.2 million restitution order for a portion of the pipeline's removal.

  • October 01, 2026

    Kalshi Looks To Shield Sports Offerings At 2nd Circ.

    Prediction market giant Kalshi has asked the Second Circuit to shield its sports offerings from Connecticut gaming enforcers, drilling down on its position that those offerings ought to be immune from state scrutiny.

Expert Analysis

  • Key Compliance Insights From Calif.'s Volvo Diesel Deal

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    While the future of California's vehicle emissions standards under the Clean Air Act is uncertain, the state's recent settlement with Volvo over diesel emissions hinges on the truthfulness of manufacturer representations to state regulators, and offers important lessons for companies on compliance and recordkeeping, says Thierry Montoya at FBT Gibbons.

  • Community Bank Order Signals Fintech Partnership Scrutiny

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    The Office of the Comptroller of the Currency's recent consent order against Community Federal Savings Bank for deficiencies in its Bank Secrecy Act and anti-money laundering compliance programs offers clear and urgent lessons for community banks pursuing revenue growth through fintech partnerships and payments services, say attorneys at Bradley.

  • House-Passed KIDS Act Spurs Child Data Practices Audit

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    Graham Dean, Brian Roper-Nelson and Will Quick at Brooks Pierce discuss the noteworthy sections of the U.S. House of Representatives' recently passed Kids Internet and Digital Safety Act, the potential revisions as the law moves through the U.S. Senate and the significant business changes that the House law would require.

  • Calif. Recycle Label Order Imperils Product Responsibility Law

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    A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

  • FTC Focus: Enforcing Vertically Integrated Operating Systems

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    As digital platforms increasingly pair operating systems with commerce, advertising, content and data, antitrust scrutiny will turn on whether those integrations create private bottlenecks that foreclose rivals through access, ranking, interoperability or defaults, pushing courts and enforcement agencies to adapt traditional utility and merger frameworks more aggressively, say attorneys at Proskauer.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

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