Public Policy

  • September 23, 2026

    Newman's Roadblocks Guide Judicial Conduct Reform Bill

    The Judicial Conduct and Disability Act has worked well in allowing the judicial branch to govern itself for nearly 50 years, but the ongoing suspension of Federal Circuit Judge Pauline Newman has exposed gaps that could be addressed with newly introduced legislation, attorneys say.

  • September 23, 2026

    Oakland Beats ADA Challenge To Rent Control Program

    Oakland city officials beat a proposed class action alleging its rent control program discriminatorily excludes tenants with mobility disabilities since few units under the program are accessible, after a California federal judge said Wednesday there are other options that could address disparate impacts without violating the state's rent control law.

  • September 23, 2026

    NY's Landmark Climate Change Superfund Blocked Again

    Another New York federal judge on Wednesday agreed with the federal government that the Empire State overstepped its authority with its Climate Change Superfund Act, the second such ruling on the state's landmark attempt to collect payments from fossil fuel companies to fund climate change mitigation efforts.

  • September 23, 2026

    WH Aide Says CFTC Needs Congress For Full Crypto Powers

    A White House crypto aide said Wednesday that Congress' failure to pass the Clarity Act leaves the U.S. Commodity Futures Trading Commission without authority over spot crypto markets, which could limit the agency's plans to stand up a digital asset framework in the absence of crypto market structure legislation.

  • September 23, 2026

    Colo. Town Says Agenda Change Didn't Void Closed Meeting

    A Colorado Court of Appeals panel appeared skeptical Wednesday that an improperly noticed meeting revokes the privacy privilege of an executive session held at the meeting in a town's appeal of a lower court's order to make what was discussed during the session public.

  • September 23, 2026

    9th Circ. Grounds Suit Over Wash. Airport Flight Path Pollution

    A Ninth Circuit panel said Wednesday that a provision of the Clean Air Act limiting state regulation of aircraft emissions is enough to extinguish a group of Washington residents' proposed class action against Delta Air Lines, Alaska Airlines and the Seattle-Tacoma International Airport's operator over alleged flight path pollution.

  • September 23, 2026

    Squires Wants Even More Review Of Patent From $253M Case

    The U.S. Patent and Trademark Office director again intervened in a case stemming from a Patent Trial and Appeal Board's invalidation of patent claims in a $253 million judgment against GoDaddy, asking the Federal Circuit to remand an appeal over a decision by top judges that revived the claims.

  • September 23, 2026

    Judge Won't Block Feds' Land Exchange With SpaceX

    SpaceX and the U.S. Fish and Wildlife Service can proceed with their planned land swap after a Texas federal judge determined that the groups challenging the deal failed to show that their members would suffer irreparable injury as a result of the exchange.

  • September 23, 2026

    Electric Cos. Urge FCC To Revamp Call Consent Revocation

    Investor-owned electric companies told the Federal Communications Commission it should move forward on a recently proposed rule that would change how call consent revocation applies to different categories of calls.

  • September 23, 2026

    Banking Dems Protest GOP-Only Prediction Market Talks

    Every Democratic senator on the Banking Committee on Wednesday urged the panel's chairman, Sen. Tim Scott, R-S.C., to hold a public hearing on prediction markets, the same day Scott held a Republican member meeting with the CEO of sports betting platform Kalshi.

  • September 23, 2026

    Blue Shield Still Facing Therapy 'Ghost Network' Suit

    A California federal judge ruled Wednesday that Blue Shield of California must face the majority of claims brought in subscribers' proposed class action alleging the insurer maintained a "ghost network" of mental-health providers that didn't exist or accept new patients, saying the suit adequately claims contract terms were not met.

  • September 23, 2026

    5th Circ. Asks Texas Students If Drag Is Same As 'Striptease'

    The full Fifth Circuit pressed student LGBTQ+ advocacy organizations to explain how drag shows on Texas college campuses met the standards for First Amendment protection, asking Wednesday if the organizations were arguing the schools should allow "striptease" performances.

  • September 23, 2026

    Colo. Judge Declines To Sanction Hospital In Gender Care Suit

    Children's Hospital Colorado properly complied with an injunction prohibiting it from refusing to provide medically necessary gender-affirming care to transgender youth patients, a state judge ruled, rejecting a request by a class of patients to hold the hospital in contempt.

  • September 23, 2026

    Media Ban Judge Declines Ruling On TRO, For Now

    A D.C. federal judge Wednesday declined to rule immediately on a temporary restraining order restoring White House access for major news organizations barred by the Trump administration since last week, instead saying he would consider the sides' arguments and issue a ruling shortly.

  • September 23, 2026

    Birthright Order Could Put Class Members At Risk, Judge Told

    Immigrant rights groups are aiming to stop the government from trying to dissolve a court order that blocked a presidential directive intended to curtail birthright citizenship, arguing the executive order would affect a certified class of children born in the U.S., despite the government's insistence it would not.

  • September 23, 2026

    9th Circ. Won't Rehear Klamath Project ESA Ruling

    The Ninth Circuit said Wednesday it won't disturb a divided three-judge panel's ruling affirming that a federal regulator must abide by the Endangered Species Act's interagency consultation requirements as it operates a water management project in northern California and southern Oregon.

  • September 23, 2026

    Wash. Judge Blocks Ed. Dept. Mental Health Grant Cuts

    A Washington federal judge preliminarily enjoined the U.S. Education Department from terminating up to $1 billion in K–12 mental health grants serving 15 states, finding states provided sufficient evidence that the agency was planning to unlawfully cut those grants.

  • September 23, 2026

    Exelon Investors' $40M Deal In Bribery Case Wins Final OK

    An Illinois federal judge on Tuesday granted final approval to a $40 million settlement resolving Exelon shareholders' claims against company leaders connected to the Commonwealth Edison bribery scandal, over the objections of some investors who argued that most benefits were already paid, previously implemented, or too small to justify releasing valuable claims.

  • September 23, 2026

    DOJ Partially Backs Apple In Epic High Court Contempt Case

    The U.S. Department of Justice told the U.S. Supreme Court in an amicus brief that the Ninth Circuit wrongly faulted Apple for charging a 27% commission on transactions linked out from apps, but it backed other parts of the California federal court's contempt order won by Epic Games.

  • September 23, 2026

    Illinois Swipe-Fee Ban Also Blocked For Federal Credit Unions

    An Illinois federal judge expanded an order blocking the state from enforcing its landmark ban on tax-and-tip swipe fees against most banks, ruling that an injunction she granted earlier this year extends to federal credit unions in light of a new federal rule that authorizes them to collect interchange fees.

  • September 23, 2026

    Mich. Court Keeps Freeze On Voting Data Deletion In Place

    A temporary restraining order preventing the deletion of voter records from the Aug. 4 primary election will remain in place pending the release of administrative rulings from the Michigan Secretary of State, a Michigan judge ruled Tuesday.

  • September 23, 2026

    Mich. Judge Gives Cannabis Cos. Chance To Fix Complaint

    A Michigan federal judge has given two companies challenging the city of Menominee's marijuana licensing process a chance to amend their complaint after the city argued that a waiver signed as part of a license application bars their nine-count lawsuit.

  • September 23, 2026

    Ex-NY County Top Official's 12-Year Sentence Cut To 10

    A New York federal judge sentenced former Long Island politician Edward Mangano to 10 years for corruption Wednesday, trimming a 12-year term she handed him after the Second Circuit tossed a jury's finding that he committed bribery.

  • September 23, 2026

    FTC Backs Proposed Education Dept. Accreditation Reforms

    The Federal Trade Commission has endorsed the U.S. Department of Education's proposal to expand higher education accreditation options and promote competition among accreditation agencies.

  • September 23, 2026

    Md. Governor Calls For Ending Data Centers' Tax Exemption

    Maryland's governor became the latest state executive Wednesday to back off giving tax breaks to data centers, a development becoming increasingly common as the midterm elections draw near.

Expert Analysis

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • EPA Guidance May Simplify On-Site Power For Data Centers

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    At a moment when wait times to connect large loads to the electric grid can stretch into years, two recent U.S. Environmental Protection Agency guidance documents seek to make it easier for data center developers to set up on-site power generation — but much will depend on how quickly states and localities update their own rules, say attorneys at Alston & Bird.

  • Fed's Capital Rule Proposal Could Help Banks Stay Mutual

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    The Federal Reserve Board's recent proposal to comprehensively rewrite its capital rule and reduce procedural requirements for mutual holding companies would support community banking by allowing mutual institutions new ways to fund growth without converting to stock form, say attorneys at Nutter.

  • 8(a) Firms Face New Risks From Pass-Through Arrangements

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    ​Prime contractors and subcontractors with pass-through arrangements involving the Small Business Administration's 8(a) business development program should ensure they are prepared for heightened litigation risks created by the administration’s use of False Claims Act whistleblowers to target fraud in diversity, equity and inclusion programs, say attorneys at RJO.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • CISA Town Halls Signal Key Cyber Rule Changes Ahead

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    The Cybersecurity and Infrastructure Security Agency recently held a series of town halls to gather additional stakeholder input on the Cyber Incident Reporting for Critical Infrastructure Act, offering potential insights into how the agency may address key issues in a forthcoming final rule, say attorneys at Covington.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Home Equity Products Face Expanding Regulatory Patchwork

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    Home equity investment providers, which have recently come under scrutiny from regulators and industry groups, face meaningful burdens as the U.S. Senate and a growing number of states take divergent regulatory approaches, with no uniform standard likely anytime soon, say attorneys at Bradley.

  • How Orbital Data Centers May Test NEPA's Reach

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    With environmental and scientific groups recently pushing back against the Federal Communications Commission's proposal to exempt massive data center satellite constellations from review under the National Environmental Policy Act, the question of whether NEPA even applies to projects in space turns on three closely related issues, say attorneys at Morgan Lewis.

  • How Subchapter V Bill May Change Restructuring Analysis

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    While a recently passed Senate bill would expand the pool of businesses eligible to use the streamlined Subchapter V process, its more significant influence may be on how distressed businesses and their lenders evaluate restructuring alternatives long before a bankruptcy petition is filed, says Robert Charbonneau at Agentis.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Illinois BNPL Law Casts Wide Net Over Loan Providers

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    A new Illinois law's broad definition of buy now, pay later providers under its new dedicated licensing and supervisory regime notably imposes conduct standards similar to other consumer credit regimes and aggressively looks through a wide range of business activities and arrangements, say attorneys at Ashurst Perkins.

  • BIA Ruling Calls For Analyzing Advance Parole Travel's Risks

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    The Board of Immigration Appeals’ recent policy reversal, holding that a temporary trip abroad pursuant to advance parole counts as a departure under the Immigration and Nationality Act, means counsel should assess their clients' immigration history and potential risks of travel before they depart, says attorney Richard Herman.

  • What Cos. Should Know About DOE Energy Dominance Loans

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    With the U.S. Department of Energy's Office of Energy Dominance Financing set to become a vital resource for funding U.S. energy and critical minerals projects, interested companies must understand the terms of potential loans and take into account the applicable financial, technical, legal and regulatory requirements, say attorneys at Mayer Brown.

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