Public Policy

  • August 23, 2026

    US-Canada Trade Talks Crater Ahead Of 50% Tariffs

    Canada will place tariffs on American goods in response to 50% U.S. tariffs that took effect Saturday on goods arriving from across the Northern border after talks to strike a broader economic deal fell apart.

  • August 21, 2026

    75-Country Immigrant Visa Freeze Ruled 'Patently Unlawful'

    A New York federal judge on Friday struck down a U.S. Department of State policy that halted the issuance of visas to immigrants from 75 countries, finding the policy "patently unlawful" and in excess of Secretary of State Marco Rubio's statutory authority.

  • August 21, 2026

    Banking Industry Pushes For Lighter Load On 'Camels'

    The banking industry is pressing federal regulators to beef up their plan to rein in confidential supervisory ratings that are used to score the health of banks, urging them to set sharper limits around downgrade decisions and potentially ditch management-specific ratings entirely.

  • August 21, 2026

    9th Circ. Rules Workers' Vaccine Bias Suit Must Go To Trial

    The Ninth Circuit ruled Friday that a jury must decide workers' religious-discrimination claims against the Washington Department of Fish & Wildlife, finding the lower court erred in concluding the agency accommodated the workers' religious-exemption requests from a COVID-19 vaccine mandate by offering them limited reassignment options.

  • August 21, 2026

    Split DC Circ. Nixes Damages Over Project Veritas Sting Video

    A split D.C. Circuit panel sided Friday with the founder and former CEO of conservative activist media group Project Veritas, reversing $130,000 in damages stemming from the group's sting operation on the liberal consulting firm Democracy Partners.

  • August 21, 2026

    Texas Hemp Cos. Bring New Challenge To Delta-8 Rules

    A group of companies in the hemp industry asked a Texas state court to pare back Department of State Health Services actions that curb delta-8 in hemp, taking another swing at agency rules after the Texas Supreme Court rejected a similar case.

  • August 21, 2026

    Wash. AG Pauses OG Case As 9th Circ. Weighs Preemption

    Washington's attorney general and its gambling commissioners have agreed to hold off on enforcing the state's gambling laws against prediction market platform OG, run by the North American Derivatives Exchange, while the Ninth Circuit decides related appeals that could resolve the underlying legal dispute.

  • August 21, 2026

    Vandy Law Grad Can Keep Hidden-Evidence Suit Against Attys

    A Connecticut federal judge ruled Friday that a Vanderbilt Law School graduate can continue a suit against the town of Westport and two attorneys who defended him in a criminal case when he was a teen and, he claims, helped cover up critical information — causing him to be incarcerated.

  • August 21, 2026

    9th Circ. Tosses Calif. Ghost Gun Suit Over Standing

    A Ninth Circuit panel on Friday vacated a lower court ruling that struck down part of a Bureau of Alcohol, Tobacco, Firearms and Explosives ghost gun regulation, finding California and the Giffords Law Center to Prevent Gun Violence lacked standing to sue on the grounds that the regulation did not go far enough in defining various "ghost gun" parts.

  • August 21, 2026

    New SBA Rule May Send Applicants Back To Square One

    The U.S. Small Business Administration's new rule redefining eligibility for the agency's contracting program for disadvantaged small businesses is prompting those with pending applications to consider scrapping them and starting over, and future applicants now face a new and largely untested evidentiary standard.

  • August 21, 2026

    Kalshi Wants Wash. Ban Axed After State 'Blessed' Competitor

    Kalshi has urged a Washington state court to reconsider a recent order blocking the company from offering event contracts to the state's residents in most of its prediction market categories, raising equitable findings concerns and pointing to Washington's recent "blessing" of event contracts offered by one of Kalshi's competitors.

  • August 21, 2026

    Divided 2nd Circ. Backs DQ Of Acting NDNY US Attorney

    The Second Circuit on Friday upheld a lower court's decision that found the acting U.S. attorney for the Northern District of New York, John Sarcone III, was unlawfully serving in his position when he obtained grand jury subpoenas of the New York attorney general's office.

  • August 21, 2026

    Mich. Homeowners Say Grid Overseer Exceeded Its Power

    A Michigan couple on Friday urged a federal judge to keep their lawsuit against state utility regulators alive, arguing a state-approved mandate should not give power companies a "blank check" to enter private property and cut down trees without an easement.

  • August 21, 2026

    Albertsons Twists Record In Opioid Trial Motion, Wash. Says

    Washington state is urging a Seattle judge to reject Albertsons' latest dismissal bid in a suit accusing the grocery giant of fueling the state's opioid epidemic, arguing the motion rehashes failed arguments and distorts evidence presented over the past five weeks in an ongoing bench trial.

  • August 21, 2026

    Verdict Bars Ex-Fla. Rep's 'Sham' Contract Claim, Oil Co. Says

    The U.S. affiliate of Venezuela's state oil company urged a New York federal court Friday to toss a former Florida congressman's counterclaim alleging he's still owed $30 million under a consulting contract, saying his conviction on charges of failing to register as a foreign agent shows the agreement was a "sham."

  • August 21, 2026

    Trump Seeks Justices' Review Of DEI Grant Termination Case

    The Trump administration is urging the U.S. Supreme Court to review a Ninth Circuit decision requiring the federal government to reinstate research grants that were terminated due to presidential orders against diversity, equity and inclusion initiatives.

  • August 21, 2026

    Uber, DoorDash Lose Most Of NYC Tip Prompt Suit

    A New York federal judge kept alive DoorDash and Uber's compelled-speech challenge to New York City laws requiring delivery platforms to display a tipping prompt at or before checkout that includes an option of at least 10%, but tossed their remaining five claims.

  • August 21, 2026

    Fed. Circ. Tosses Suit Over 'Misleading' Patent Language

    The Federal Circuit on Friday affirmed a lower court's dismissal of a lawsuit brought by inventor advocacy groups challenging what they called misleading language on patent covers, saying the groups had not shown a threat of future injury.

  • August 21, 2026

    DC Circ. Voids Block On OMB Funding Freeze

    The D.C. Circuit on Friday vacated a district judge's block on the Trump administration's pause on a wide array of federal grants, loans and financial assistance, ruling that the Office of Management and Budget's rescission of the memorandum rendered the lawsuit moot.

  • August 21, 2026

    NJ Medicaid Fee Law Barred By ERISA, Trade Groups Argue

    A coalition of restaurant, retail and hotel industry groups has urged a New Jersey federal court to strike down a state law requiring businesses to pay a fine when their employees are enrolled in the state Medicaid program, arguing the statute conflicts with federal benefits law.

  • August 21, 2026

    TikTok Inks $400M Deal With DOJ To End Kids' Privacy Suit

    TikTok has agreed to pay $400 million to resolve the U.S. Department of Justice's claims that the short-form video platform illegally collected personal information from kids under 13, marking one of the largest recoveries ever obtained under the federal Children's Online Privacy Protection Act, the feds said Friday.

  • August 21, 2026

    2nd Circ. Backs NY Water Permit For Pipeline Project

    The Second Circuit on Friday upheld New York's issuance of a Clean Water Act permit for a controversial Williams Cos. pipeline upgrade, saying state environmental regulators justified their about-face from previous permit denials over pollution concerns.

  • August 21, 2026

    Mass. Eyes More Time For 'Greenwash' Records Response

    Massachusetts environmental regulators asked a judge for another two weeks to search for potentially responsive records sought by a lawyer representing Exxon Mobil in the state's "greenwashing" lawsuit.

  • August 21, 2026

    Meta Tells DC Circ. To Reject FTC Appeal

    Meta Platforms Inc. urged the D.C. Circuit not to revive the Federal Trade Commission's monopolization lawsuit targeting its purchases of WhatsApp and Instagram, arguing Thursday that a D.C. federal judge correctly held that in the here and now, competition from TikTok and YouTube means it "has no monopoly."

  • August 21, 2026

    The Race Is On To Confirm Trump's Judges By Year-End

    President Donald Trump nominated 11 judges this past week, meaning 19 nominees are now in the pipeline. But how many can the Senate confirm before the end of the year, given that it will mostly be absent and consumed by the midterm election? 

Expert Analysis

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • What Corporate Counsel Can Learn From OpenAI Test Breach

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    The significance of the recent artificial intelligence testing breach involving OpenAI and Hugging Face lies in what it reveals about the path of AI’s evolution, because legal professionals must translate that trajectory into actionable governance, contractual and advisory frameworks, says Jason Mueller at Vorys.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • Assessing DOJ Antitrust's New, Faster Merger Review Option

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    The U.S. Justice Department Antitrust Division's recently announced targeted second request option and new model timing signal a commercially friendly stance and a departure from the prior administration's position, say attorneys at Paul Weiss.

  • NRC Proposal May Reshape Radiation Protection Framework

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    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • AG Watch: Minn. Defends Prediction Markets Ban

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    Minnesota Attorney General Keith Ellison has aggressively defended the state's landmark statute banning prediction markets, but the court's July 27 temporary injunction in U.S. v. Minnesota blocking the law from taking effect could set the template for state authority across the country, say attorneys at Crowell & Moring.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

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    Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

  • From Order To Regulation: How EOs Are Reshaping Banking

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    The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

  • Rhode Island Self-Checkout Law Signals National Trend

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    Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • Opinion

    USCIS Delays Shouldn't Mean Detention For EB-5 Investors

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    Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

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