Public Policy

  • August 18, 2026

    At DC Circ., Pharma's Latest Pricing Loss Has Silver Linings

    The pharmaceutical industry's far-flung crusade against Medicare's new negotiation powers suffered a fresh setback Tuesday as the D.C. Circuit joined sister circuits in upholding the landmark pricing program, but the defeat contained consolation prizes that will fuel further litigation.

  • August 18, 2026

    Zuckerberg Waved Off Filter Criticism, Tenn. Jury Hears

    A former Meta executive overseeing responsible innovation testified Tuesday that Mark Zuckerberg iced out her thoughts regarding the harm to teens of cosmetic surgery image filters, but said generally the company's employees are well intentioned when it comes to user safety.

  • August 18, 2026

    'Profits Won': States Say Meta Targeted Kids As Trial Opens

    An attorney for more than two dozen states told a California federal jury during opening statements Tuesday that Meta hid what it knew about social media's mental health harms and prioritized profits over safety in a yearslong effort to hook kids on its platforms, while Meta defended its safety practices as best-in-class.

  • August 18, 2026

    Hesai Deprived Due Process Over DOD List, DC Circ. Says

    A D.C. Circuit panel held Tuesday that a Department of Defense decision to include Shanghai lidar-maker Hesai on a list of Chinese military companies didn't give the company due process, reversing a lower court's ruling while also allowing the designation to remain in effect.

  • August 18, 2026

    Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

    The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court.

  • August 18, 2026

    11th Circ. Says Clerk's Notice Fail Sank Fla. Funds Seizure

    The Eleventh Circuit ruled Monday that a Florida county court clerk violated the Fifth and Fourteenth amendments by taking funds deposited in a court registry as part of an eviction proceeding, because the clerk's notice to the owner of the funds was not reasonably calculated to reach him.

  • August 18, 2026

    Texas AG Asks 1st Circ. To Revive ActBlue Suit

    The Texas attorney general has asked the First Circuit to revive his Texas-based lawsuit against Democratic fundraising platform ActBlue after a Massachusetts federal court blocked it, saying the federal judge improperly stymied his state-based fraud claims.

  • August 18, 2026

    Microsoft Harvests K-12 Student Data, Class Action Claims

    Microsoft Corp.'s partnerships with K-12 schools in Washington have allowed the technology giant to collect and profit from swaths of personal student data in violation of state and federal law, according to a proposed class action filed by four minor students who attend public schools in Spokane, Washington.

  • August 18, 2026

    5th Circ. Rejects Texas Water Case Against River Authority

    The Fifth Circuit refused Tuesday to revive a private water utility's antitrust case targeting Texas' San Jacinto River Authority contract fees designed to reduce groundwater use, concluding that the contract was not designed to fix prices.  

  • August 18, 2026

    ATF's Ghost Gun Rule Found Unconstitutional By Texas Judge

    A Texas federal judge has ruled that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits violates the Second Amendment because it runs counter to America's colonial tradition of home gunsmithing.

  • August 18, 2026

    Trump Admin Moves To Cut Roadless Rule Forest Protections

    The U.S. Forest Service on Tuesday said it's moving ahead with a plan to repeal a decades-old rule that has protected tens of millions of acres of national forest from road building and logging, asserting it has unacceptably hampered efforts to reduce wildfire risk.

  • August 18, 2026

    Trump Names 9 Judicial Picks Across 6 States

    President Donald Trump announced nine nominees Tuesday for judicial spots in Florida, Texas, Louisiana, Kentucky, Oklahoma and Alaska. 

  • August 18, 2026

    Squires Says RPIs Must Be Named If They Can Control Cases

    The U.S. Patent and Trademark Office director explained why he rejected Viance LLC's challenge of a Koppers Performance Chemicals Inc. patent, faulting Viance for failing to disclose real parties in interest and writing that a company's mere ability to control a challenger makes it an RPI.

  • August 18, 2026

    Conn. Pans DOJ's Injury Claims In Use-Of-Force Law Dispute

    The state of Connecticut has challenged the U.S. Department of Justice's attempt to invalidate recent laws on use of force, identification and face covering that two state officials said could affect federal officers, arguing the DOJ failed to allege "concrete harm" or validly claim federal officers can't be prosecuted for crimes.

  • August 18, 2026

    Ex-Meta Worker Says His EB-2 Letter Concerns Got Him Fired

    A former Meta Platforms Inc. product design manager sued the social media giant and his former supervisor in New Jersey federal court, claiming that he was fired after refusing to sign an immigration support letter for a colleague because he believed it contained inaccurate or unsupported facts.

  • August 18, 2026

    House GOP Still Pushing For Broadband Permit Bill This Year

    Despite months of delays, Republican leaders in the U.S. House of Representatives are still pressing for legislation that would compel local governments to act faster on broadband permit applications, a top congressional aide said Tuesday.

  • August 18, 2026

    Alaska Judge Voids 500-Acre Land Swap For Refuge Road

    A district court judge vacated an Interior Department decision to exchange 500 acres to allow road construction on Izembek National Wildlife Refuge lands for failing to comply with the provision of a federal Alaskan land law, saying in a Tuesday order that the transaction has no "force or effect."

  • August 18, 2026

    10th Circ. Revisits Banks' Challenge To Colo. Opt-Out Law

    The Tenth Circuit on Tuesday reconsidered a challenge from banking groups to a Colorado law intended to curb high-cost lending by out-of-state banks, pressing counsel on the practicality of Colorado's law and the history of a federal interest rate law.

  • August 18, 2026

    Exchanges Ask SEC To Delay Trade-Through Rule Withdrawal

    Some of the largest stock exchanges are urging the SEC to hold off on eliminating a rule that prohibits exchanges from executing trades at lower prices than the best displayed price available on other exchanges, saying the agency should first consider how the rule's elimination could impact broader market structure.

  • August 18, 2026

    Are Trump Diamond Tariff Breaks Tied To Gift? Wyden Asks

    Sen. Ron Wyden, D-Ore., on Tuesday demanded answers about President Donald Trump granting a tariff exemption for diamonds shortly after being given a gem-coated watch, claiming the circumstances may be tantamount to bribery, while also raising concerns about potential conflicts of interest in a separate duty investigation.

  • August 18, 2026

    NCUA Board Left Sitting Empty As Trump Pick Waits In Wings

    The National Credit Union Administration has entered its second week with an empty governing board, an unusual leadership vacuum that could limit the agency's ability to take certain formal actions until President Donald Trump's newly confirmed board pick assumes office.

  • August 18, 2026

    Pennsylvania Now Requires Local Approval For Data Centers

    Pennsylvania Gov. Josh Shapiro said Tuesday he has signed an executive order imposing additional requirements on developers seeking to build data centers in the state, including a mandate that projects must obtain approval by local municipalities before the state will allow them to advance.

  • August 18, 2026

    DOJ Says 'Heroes' Garden Too Hypothetical To Support Suit

    The Trump administration's plans to install a National Garden of American Heroes in the capital's West Potomac Park remain too much of a preliminary concept to support a challenge brought by conservation and historic preservation groups, the U.S. Department of Justice told a Washington, D.C., federal judge.

  • August 18, 2026

    DEA Blasts Marijuana Foes' Objections To Rescheduling

    The U.S. Drug Enforcement Administration on Monday told an administrative law judge that federal restrictions should be loosened on marijuana and that opponents of cannabis reform brought a meritless challenge to health regulators' assessment of the drug's medical use.

  • August 18, 2026

    Dems Urge DOJ To End 'Mega Master' Immigration Hearings

    Democratic lawmakers from Illinois urged the U.S. Department of Justice on Tuesday to cease scheduling dozens of immigrants for hearings at the same time in Illinois and other states, a practice they say fuels the administration's "mass deportation campaign."

Expert Analysis

  • Ensuring Eligibility For Data Center Sales Tax Breaks

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    As states compete to lure data centers, sales tax exemptions are an important component of many incentive packages — but companies must ensure that projects not only qualify for exemptions on paper, but also can preserve and prove their eligibility through the planning, construction and operation phases, says Peter Lowy at Nelson Mullins.

  • Cos. Should Act Now After US Ruling Reopens EU Data Fight

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    The U.S. Supreme Court's recent decision in Trump v. Slaughter may have inadvertently undermined the EU-U.S. Data Privacy Framework, and given the importance of data transfers for U.S. businesses, companies should start preparing for a scenario in which the framework is no longer enforceable, says Fernanda Pires Merouço at Davis Wright.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • FDIC Proposals Mark Pullback In Bank Resolution Rules

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    A recent pair of Federal Deposit Insurance Corp. proposals would fundamentally reshape testing of banks' resolution-related capabilities from a mandatory exercise to a voluntary one supported by significant financial incentives, amounting to an overall reduction in reporting requirements, say attorneys at Moore & Van Allen.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • EEOC Enforcement Plan Signals DEI, Religious Bias Scrutiny

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    In light of the U.S. Equal Employment Opportunity Commission recently publishing its national enforcement plan covering through fiscal year 2029, employers should expect increased scrutiny of practices that conflict with the administration's positions on diversity, equity and inclusion, national origin discrimination, and religious accommodations, say attorneys at Morgan Lewis.

  • Immigration Order Raises Customer ID Stakes For Banks

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    Following a recently issued immigration-related executive order, financial institutions should expect and prepare for increased scrutiny of customer due diligence and identification, suspicious activity monitoring, and consumer lending, as well as accompanying supervisory shifts and rising fair lending risks, says Douglas Weissinger at Butler Snow.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

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    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

  • 2 Microsoft Matters Could Help Shape AI Antitrust Outlook

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    A pending federal court case and investigation focusing on Microsoft's allegedly anticompetitive conduct in the deployment of artificial intelligence tools are testing whether antitrust law can distinguish ordinary competition to supply the AI ecosystem from conduct that distorts how that competition unfolds, says Kylie Kim at Massey & Gail.

  • Preparing For Next Congress With Eye On Investigation Risk

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    Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

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