Public Policy

  • August 26, 2026

    5th Circ. Upholds Drug Negotiations In Blow To Big Pharma

    Medicare's landmark program of drug price negotiations doesn't flout constitutional provisions involving the separation of powers, due process or excessive fines, the Fifth Circuit ruled late Wednesday, delivering a fresh blow to the pharmaceutical industry's campaign to tee up U.S. Supreme Court review.

  • August 26, 2026

    Top Takeaways From Meta's $17B Kid Safety Deal

    A $17.1 billion deal with 29 states and Meta Platforms Inc. that includes reforms to Facebook and Instagram to protect children is seen as a benchmark for other settlements with social media companies as litigation and public pressure mounts over mental health harms to youth.

  • August 26, 2026

    KKR To Pay 'Record' $250M To End DOJ Merger Notice Suit

    KKR & Co. has agreed to pay a $250 million civil penalty to resolve allegations that it hid key documentation and entire transactions for merger notification, the U.S. Department of Justice announced Wednesday, calling it the largest-ever penalty for repeat violations of the Hart-Scott-Rodino Act.

  • August 26, 2026

    Fed's Cook Says Trump Has 'No Lawful Basis' To Fire Her

    Federal Reserve Gov. Lisa Cook told the White House on Wednesday that President Donald Trump lacks a legally valid reason to fire her, arguing that previous mortgage fraud allegations leveled against her are untrue and would not justify removal.

  • August 26, 2026

    Adams, Mamdani Broke NYC Law With Race Equity Plan Delay

    A New York state judge said Tuesday that former NYC Mayor Eric Adams and his successor, Zohran Mamdani, violated city law by missing deadlines for publishing a citywide racial equity plan, which was not released until more than two years after an initial January 2024 deadline.

  • August 26, 2026

    Connecticut Sues Kalshi To End 'Free-For-All' Wagering

    Connecticut on Wednesday became the latest state to sue prediction market Kalshi for allegedly offering illegal sports gambling to its users, asking a court to shut down unlicensed wagers in the state and opening a new front in a legal battle that has previously reached the Second Circuit.

  • August 26, 2026

    Iowa, Montana Ask Justices To Stop Paramount Merger Case

    Iowa and Montana are asking the U.S. Supreme Court to stop California and other state enforcers from challenging Paramount Skydance Corp.'s planned purchase of Warner Bros. Discovery, calling the effort "a partisan enforcement action" that targets a procompetitive deal.

  • August 26, 2026

    Mass. Officials Rebuff Challenge To Vape Ban

    There's no chance smoke shops and retailers will come out on top in a lawsuit seeking to undo a Massachusetts ban on certain tobacco products, the state said when urging a federal judge to reject calls to block enforcement, saying too many appeals courts have sided with similarly situated states.

  • August 26, 2026

    5th Circ. Rejects Felon's 'Weird' Second Amendment Claim

    The Fifth Circuit upheld a Louisiana man's felon-in-possession conviction Wednesday, rejecting his challenge that a prior conviction for trying to take a police officer's pepper spray lacked a founding-era analogue sufficient to justify barring him from possessing a firearm, as well as rejecting his "weird" argument that the disarmament was unsuccessful.

  • August 26, 2026

    Groups Ask Congress To Reject Idaho Toxic Waste Land Swap

    The Center for Biological Diversity, Snake River Waterkeeper and ManaSota-88 Inc. urged Congress on Wednesday to remove a provision from the National Defense Authorization Act that the center says would "cede historic lands of the Shoshone-Bannock Tribes in Idaho to expand a radioactive waste dump at one of the country's largest Superfund sites."

  • August 26, 2026

    X Loses Challenge To NY Social Media Disclosure Law

    New York's law requiring social media companies to divulge details of their content-moderation policies does not run afoul of the First Amendment, a federal judge ruled Wednesday, throwing out X Corp.'s challenge seeking to block enforcement of the measure.

  • August 26, 2026

    SEC, SBB Resolve Misvalued Funds Case Ahead Of Sept. Trial

    The U.S. Securities and Exchange Commission and SBB Research Group LLC told an Illinois federal judge that they've reached a settlement that would resolve the long-running litigation alleging the fund adviser misled investors about the performance of some of the funds it oversaw, and to scrap the planned September trial date.

  • August 26, 2026

    75-Nation Visa Pause Likely Flouts Law, DC Judge Rules

    A D.C. federal judge has barred the U.S. Department of State from applying its pause on visa issuances to a group of applicants from 75 affected countries, saying the plaintiffs will likely succeed in arguing the pause violates federal immigration law.

  • August 26, 2026

    House Committee Wants DOL IG To Widen Info-Sharing Probe

    Top House Education and Workforce Committee Republicans urged the U.S. Department of Labor's watchdog Wednesday to expand its review of information-sharing arrangements with outside groups, asking whether three additional agencies improperly disclosed confidential investigative material during the Biden administration.

  • August 26, 2026

    SEC Sends Crypto Custody Plan To White House

    The U.S. Securities and Exchange Commission is preparing to update regulations for investment advisers and funds holding crypto assets on their clients' behalf, sending planned amendments to its custody rules to the White House for review.

  • August 26, 2026

    9th Circ. Denies Challenges To EPA Rule On Chemical Reviews

    The Ninth Circuit on Wednesday denied petitions challenging a U.S. Environmental Protection Agency rule related to when and how some new chemicals can be exempted from standard pre-manufacture review processes, ruling the agency acted in line with its statutory powers.

  • August 26, 2026

    NJ Can't Force Access To ICE Detention Center, Feds Say

    U.S. Immigration and Customs Enforcement has pressed a New Jersey federal judge to dismiss a lawsuit from the Garden State's health commissioner seeking access to a Newark immigration detention center, saying whether state officials can inspect the facility is up to the federal government.

  • August 26, 2026

    Squires Institutes 6 Patent Reviews, Rejects 5 Others

    U.S. Patent and Trademark Office Director John Squires has instituted six patent reviews and denied five other requests in his latest round of decisions.

  • August 26, 2026

    Group Says HHS Can't Cut Certain Immigrants' Medicaid

    A Seattle-based community organization accused the U.S. Department of Health and Human Services of misinterpreting the 2025 federal budget bill, telling a Washington federal court it cannot strip Medicaid benefits away from noncitizens receiving Supplemental Security Income.

  • August 26, 2026

    Calif. Bill Curbing PE Role In Litigation Heads To Newsom

    A California bill to ban corporate investors from influencing litigation strategy is heading to Gov. Gavin Newsom's desk after passing with bipartisan support from the state Legislature.

  • August 26, 2026

    Creek Nation Refutes Tulsa DA's Stance On State Crime Cases

    The Muscogee (Creek) Nation has told the Tenth Circuit that Oklahoma's Tulsa County district attorney gets it wrong in stating that he has the authority to prosecute nonmember Native Americans for nonmajor crimes committed on the federally recognized tribe's reservation.

  • August 26, 2026

    Miami Politicians Must Face Ex-Top Cop's 1st Amendment Suit

    Three former Miami city commissioners aren't shielded by the doctrine of qualified immunity from a fired police chief's First Amendment lawsuit, but the former city manager is, the Eleventh Circuit ruled Wednesday, saying the manager didn't know he risked violating the Constitution by suspending the chief before the firing.

  • August 26, 2026

    DC Circuit Upholds Approval Of La. LNG Terminal, Pipeline

    The D.C. Circuit on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a $10 billion liquefied natural gas terminal and pipeline in Louisiana, denying petitions from environmentalists saying the commission had unjustifiably dismissed threats to the climate stemming from the project.

  • August 26, 2026

    4 Factors That May Decide Success Of IRS Easement Office

    As practitioners scrambled to meet deadlines to settle clients' disputes over conservation easement tax deductions, the IRS made a surprise announcement this month that it would establish an office to solely focus on such cases. Here, Law360 looks at how four factors will affect whether the IRS achieves its stated plans for the office.

  • August 26, 2026

    5th Circ. Won't Reopen Apex's SEC Deal For Better Terms

    The Fifth Circuit has denied Apex Clearing Corp.'s petition to revisit its settlement agreement with the U.S. Securities and Exchange Commission over the clearinghouse's purported failure to keep records of off-channel communications, finding that other firms receiving more favorable settlement terms later on was not grounds for modification.

Expert Analysis

  • 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.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

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