Public Policy

  • August 19, 2026

    Albertsons Says Wash. Failed To Prove Opioid Claims At Trial

    Albertsons Cos. Inc. urged a Seattle judge on Tuesday to throw out Washington state's lawsuit accusing the chain and its subsidiary Safeway Inc. of fueling Washington's opioid crisis, arguing that the state failed to prove wrongdoing by the companies after nearly five weeks of an ongoing bench trial.

  • August 19, 2026

    Baltimore Can't Send Payday Lender Suit Back To State Court

    A Maryland federal judge refused to remand a suit brought by the city of Baltimore against Los Angeles-based lender Dave Inc. to state court, ruling that the city failed to explain how federal courts' interpretation and application of the city's consumer protection ordinance would disrupt the state's efforts to establish a policy regulating consumer loans.

  • August 19, 2026

    Double Patenting Ripe For Fresh Fed. Circ. Look Amid Debate

    The already complex doctrine of obviousness-type double patenting may now be more tangled following a decision and a brief from the patent office seemingly taking different views on a key issue, but that could set the stage for the Federal Circuit to provide clarity, attorneys say.

  • August 19, 2026

    Air Force Urges Justices Not To 'Engraft' NEPA Onto RCRA

    The Air Force on Wednesday urged the U.S. Supreme Court to reject a Guam nonprofit's assertion that the military branch should have completed an environmental review before it applied to renew a hazardous waste permit allowing it to detonate expired munitions on the island.

  • August 19, 2026

    Digital Equity Suit On Ice As Gov't Preps Program Relaunch

    The D.C. federal judge overseeing a lawsuit challenging the Trump administration's shutdown of the Digital Equity Act's Competitive Grant Program has put the case on hold until the government relaunches the program without provisions that consider the applicants' race, as it has agreed to do.

  • August 19, 2026

    FTC Asks Court To Keep Trans Health Suit In Texas

    The Federal Trade Commission has asked a Texas federal court to keep its suit against the World Professional Association for Transgender Health in the Lone Star State, saying that the organization incorporated there in 1980.

  • August 19, 2026

    HHS, USDA Must Withdraw Dietary Guidelines, DC Court Told

    A public health nonprofit on Wednesday urged a D.C. federal court to order the federal government to withdraw dietary guidelines it issued earlier this year, arguing that reviewers who advised on the guidelines had significant conflicts of interest and were selected without public oversight.

  • August 19, 2026

    DOJ Enviro Deputy AG Leaves Post

    A top deputy in the U.S. Department of Justice's Energy and Natural Resources Division is leaving the agency, according to court documents filed on Wednesday.

  • August 19, 2026

    USPTO Says Patent Atty's Suit Shouldn't Stop Discipline Case

    The U.S. Patent and Trademark Office has said an Ohio federal court shouldn't pause professional discipline proceedings against an attorney while he sues the agency, saying he's likely to fail with his suit challenging the fact that a judge from another agency is overseeing his discipline case.

  • August 19, 2026

    Immigration Board Says Migrants Get 1 Shot To Reopen Case

    The Immigration and Nationality Act generally limits noncitizens in immigration proceedings to only one motion to reopen a case, the Board of Immigration Appeals ruled, adding that statutory restriction cannot be equitably tolled, either.

  • August 19, 2026

    PFAS Turnout Gear Buyer Lawsuits Get Consolidated In Minn.

    Minnesota will be home to firefighter turnout gear PFAS "forever chemical" federal lawsuits filed by municipal purchasers from 14 separate states, the Judicial Panel on Multidistrict Litigation has decided, consolidating current actions in Montana and California with lawsuits filed in the corporate home state of 3M Co.

  • August 19, 2026

    Broadband Co. Asks FCC To Fix 'Ineffective' State Pole Regs

    Broadband provider GoNetSpeed has asked the Federal Communications Commission to open a rulemaking proceeding to tackle "ineffective" state regulation of utility pole attachments for broadband equipment.

  • August 19, 2026

    DOJ Touts 'Targeted' Probes In Sales Software Merger OK

    The U.S. Department of Justice said Wednesday it had closed an in-depth review into a sales tracking software merger, mollified by the likelihood of artificial intelligence-enabled competition, in an announcement touting the use of "targeted" scrutiny to end the probe quickly.

  • August 19, 2026

    EPA Waiver Review Could Upend Rulemaking, Judge Signals

    A D.C. federal judge predicted Wednesday that there could be wide-ranging implications for oversight of agency rulemaking if the U.S. Environmental Protection Agency is allowed to put California emissions waivers up for congressional review more than a decade after they were first granted.

  • August 19, 2026

    Caesars Looks To Dodge Tribe's Suit Over NY Mobile Betting

    Caesars Sportsbook is asking a district court to dismiss the Cayuga Nation's claims that its entity is illegally offering mobile sports betting on tribal lands, saying the New York Indigenous nation is looking to create a remedy that Congress chose not to provide.

  • August 19, 2026

    Ex-US Attys Protest Trump's Swift Firing Of Rogoff In Seattle

    Thirty former U.S. attorneys backed Roger Rogoff's bid for reinstatement as Seattle's top federal prosecutor after President Donald Trump fired him on the heels of his court-ordered appointment, arguing Tuesday that Trump is trying to "sidestep the Senate's advice-and-consent role and sideline the judiciary" by letting unappointed individuals play such roles.

  • August 19, 2026

    Trade Court Rejects Bahrain Importer's FTA Theory

    Film imported from Bahrain cannot qualify for preferential tariff treatment under a free trade agreement because the importer failed to meet its requirements, and those of the law underlying the deal, according to a U.S. Court of International Trade opinion published Wednesday.

  • August 19, 2026

    OCC Advancing Stablecoin Rule At 'Great Speed,' Gould Says

    The Office of the Comptroller of the Currency plans to issue the main rule establishing its stablecoin oversight framework by November and expects to be ready to process issuer licensing applications as soon as January, the agency's top official said Wednesday.

  • August 19, 2026

    9th Circ. Says Initial Arbitration No Obstacle To EFAA

    A split Ninth Circuit panel ruled Wednesday that a fired biopharmaceutical executive could quit arbitration and file a suit claiming her boss subjected her to gender-based harassment, finding the pivot was fair game under a law that shields sex misconduct disputes from out-of-court resolutions.

  • August 19, 2026

    IRS Aims To Limit Tax Credits For Authorized Immigrants

    Fewer immigrants living in the U.S. legally would have access to refunds from individual tax credits under proposed regulations released Wednesday by the IRS that would link eligibility to welfare requirements rather than just work authorization.

  • August 19, 2026

    Groups Say NOAA Failed To Vet Samoan Seabed Mining Harm

    Two conservation groups have sued to stop the sale of deep-sea mining rights across 31 million acres of seabed around American Samoa, arguing the National Marine Fisheries Service unlawfully determined the activity would not adversely affect endangered species and their habitat.

  • August 19, 2026

    Paramount Judge Urges Parties To Be 'More Reasonable'

    A California federal judge overseeing the challenge to Paramount Skydance's $110 billion Warner Bros. Discovery acquisition brought by the Writers Guild of America and state attorneys general urged the parties Wednesday to be "much more reasonable" with discovery disputes, warning that if they aren't, "you will find yourself asked to engage a special master."

  • August 19, 2026

    Paramount Viewers Stuck With Bringing Amended Suit

    A California federal judge refused Tuesday to reconsider dismissing a consumer complaint challenging Paramount's completed merger with Skydance and its planned purchase of Warner Bros. Discovery, holding that the filing of an amended complaint mooted the motion.

  • August 19, 2026

    Trade Court Judge Mulls Class Cert. For IEEPA Refunds

    A U.S. Court of International Trade judge on Wednesday didn't commit to certifying a class of importers who paid tariffs under President Donald Trump's struck-down global regime, though the option seemed to intrigue him.

  • August 19, 2026

    Over 120 Ex-Judges Demand Probe Of DHS GC's 'Worst' Posts

    A pair of nonprofits along with a bipartisan group of 128 former state and federal judges have asked the Florida Bar to investigate the general counsel of the U.S. Department of Homeland Security for a recent series of social media posts attacking sitting judges.

Expert Analysis

  • Why A Class Was Certified In Financial Aid Info-Sharing Case

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    The recent Illinois federal court decision in Corzo v. Brown University offers key guidance for defendants confronting class certification in antitrust matters, highlighting how typicality can be satisfied despite class members attending different universities, receiving different aid awards and being affected across different time periods, say attorneys at Baker McKenzie.

  • 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.

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