Public Policy

  • September 30, 2026

    DOJ Accuses Judges Of Ethics Violations With Press Remarks

    Several Minnesota federal judges ran afoul of their ethical obligations when they commented on President Donald Trump's immigration policies in a recent news article, the U.S. Department of Justice said in a judicial misconduct complaint filed Wednesday.

  • September 30, 2026

    DC Judge Sends Shinnecock Land Dispute To NY Court

    A D.C. district court judge is moving a challenge over a decision to place 84 acres into a "restricted fee" status for the Shinnecock Indian Nation to a New York district court, saying the interest in "having local controversies decided at home tips heavily in favor of transfer."

  • September 30, 2026

    NJ Co. Says PPE Stockpiling Was Chinese Sovereign Activity

    A New Jersey company accused of helping China hoard personal protective equipment to create a monopoly at the start of the COVID-19 pandemic told the Eleventh Circuit that a lower court erred in finding that the allegations fall within the commercial activity exception to sovereign immunity.

  • September 30, 2026

    DOJ Atty Picked For Judgeship Probed On Fulton County Raid

    A top U.S. Department of Justice official tapped for a federal judgeship faced questions from Democratic lawmakers on Wednesday about the department's investigation in Fulton County, Georgia, over Trump's allegations of fraud in the 2020 election.

  • September 30, 2026

    Texas AG Says ABA Stifling Law School Competition

    The Texas Attorney General announced an investigation into the American Bar Association relating to alleged anticompetitive conduct in the association's accreditation of law schools, claiming Wednesday that the ABA "weaponized its accreditation authority" to push "unconstitutional racial and gender preference requirements."

  • September 30, 2026

    Sen. Blackburn Sues Smith For Seizing Phone Records

    U.S. Sen. Marsha Blackburn alleges in a federal complaint filed Wednesday that Jack Smith illegally subpoenaed her phone records as part of an investigation into alleged efforts to overturn the results of the 2020 presidential election.

  • September 30, 2026

    Split 9th Circ. Keeps Ariz. Land Swap In Place

    The Ninth Circuit won't rethink a decision to allow a 2,500-acre land exchange within Arizona's Tonto National Forest that tribal nations and conservation groups say will destroy a sacred Apache worship site, with several judges voicing opposition in a pair of dissents and a statement saying the circuit court's 2024 decision in the dispute was wrong.

  • September 30, 2026

    Commerce Finds Chinese, Indian Electrodes Being Stockpiled

    Imports of electrodes used for smelting from India appear to have surged in response to the opening of a countervailing duty investigation, the U.S. Department of Commerce preliminarily found Wednesday, setting up possible retroactive duties on the goods.

  • September 30, 2026

    Bessent Owes $910K In Taxes As Limited Partner, Wyden Says

    Treasury Secretary Scott Bessent should pay more than $910,000 in payroll taxes as a hedge fund limited partner after the Second Circuit ruled that such partners are subject to the self-employment tax, Senate Finance Committee ranking member Ron Wyden said Wednesday.

  • September 30, 2026

    Judge Orders ICE Reports After Hold Room Violations

    A Maryland federal judge ordered U.S. Immigration and Customs Enforcement to provide cell count and medical care data for its short-term holding facilities in Baltimore, largely granting a detainee class's push to enforce an injunction issued over "deplorable" and likely unconstitutional conditions.

  • September 30, 2026

    Ex-Budget Official Sentenced To 7 Years After Fleeing US

    Former Connecticut budget official Konstantinos Diamantis, who fled to Greece before learning his fate on federal corruption charges, was sentenced while absent on Wednesday to seven years in prison, if extradition efforts are successful, and immediately faced new litigation over his state government pension.

  • September 29, 2026

    OpenAI Knew AI Was Rogue Before Hugging Face, Suit Says

    A public interest law nonprofit sued OpenAI in California state court Tuesday, seeking to hold the ChatGPT maker liable for a July cyberattack on Hugging Face, arguing OpenAI "straightforwardly violated California law" by failing to rein in hundreds of rogue AI agents that OpenAI knew were running amok without proper safeguards.

  • September 29, 2026

    RealPage Wins Injunction Against NY Rent Software Law

    A federal judge in Manhattan granted RealPage's request for a preliminary injunction blocking a New York law banning building owners from using the property management platform to set residential rents, saying the company is "marginally" likely to prevail on its claim the statute regulates speech protected by the First Amendment.

  • September 29, 2026

    DOJ Says Trump Name Is Key To Kennedy Center Survival

    The U.S. Department of Justice told the D.C. Circuit the Kennedy Center's donors will flee if his name isn't put back on the building, arguing in its opening brief to the appeals court that the institution faces "financial ruin" without "appropriate recognition" for Trump.

  • September 29, 2026

    Ministry Stance In Anti-LGBTQ+ Hiring Suit Confuses 9th Circ.

    An en banc Ninth Circuit struggled Tuesday to understand a Washington-based Christian ministry's legal stance as it sought to preserve its ability to reject job applicants who are gay, with several judges suggesting it was immune from enforcement action since the state recognized the jobs as ministerial and therefore constitutionally exempt from anti-discrimination laws.

  • September 29, 2026

    Trump Admin Can't Dodge Claims Over Slashed Foreign Aid

    The Trump administration has persuaded a D.C. federal judge to cut three claims from a suit seeking to stop it from terminating foreign assistance grants and contracts en masse, but most of the suit — another 15 claims — marched forward untouched.

  • September 29, 2026

    Groups Say Calif. Biogas Credits Incentivize More Methane

    Four environmental groups accused California regulators of violating state law by allowing factory farm biogas producers to receive carbon credits — a practice they said is notionally aimed at reducing greenhouse gas emissions but in reality incentivizes more methane production.

  • September 29, 2026

    Squires Confirms PTAB Judges Will Resume Institution Calls

    Administrative patent judges will soon resume deciding whether Patent Trial and Appeal Board challenges will be instituted on the merits, U.S. Patent and Trademark Office Director John Squires told the Senate on Tuesday during a hearing that also raised questions about if the office has sacrificed patent quality to speed through an examination backlog.

  • September 29, 2026

    NYC Property Owners Say 2nd-Home Tax Is Unconstitutional

    A group of New York City property owners and other parties sued the New York state government on Tuesday over its pied-à-terre tax for certain high-value second homes, alleging in state court that the tax is unconstitutional because it discriminates against people who don't primarily live in the city.

  • September 29, 2026

    X Corp. Says Crypto Gambling Company Bribed X Employees

    X Corp. told a Texas federal court that a company behind two controversial crypto gambling websites, which allegedly bribed X employees, cannot arbitrate claims that X unfairly removed their access to its website.

  • September 29, 2026

    EB-5 Visa Fees More Than Double For Individual Investors

    U.S. Citizenship and Immigration Services announced increased filing fees Tuesday for the EB-5 Immigrant Investor Program — more than double for individual investors — saying the higher price tag is needed to close a $48.4 million annual funding gap.

  • September 29, 2026

    NHTSA Fuel Economy Regs Overhaul Crushes EV Ambitions

    The elimination of strict federal mandates for higher fuel efficiency in new cars crushes momentum for the U.S. auto industry to pivot toward alternative-powered vehicles, ensuring that manufacturers will again be caught in litigation limbo as environmental groups prepare challenges to seemingly inconsequential standards with no penalties, experts say.

  • September 29, 2026

    FCC Looking To Duck Mandamus In 2021 RF Exposure Order

    Five years after the D.C. Circuit told the FCC it needed to provide more in-depth reasoning for why it believes cellphones and other wireless devices don't pose a risk to humans, the agency is arguing it needs more time to sort out a response.

  • September 29, 2026

    Lupin Strikes Deal In States' Generic Drug-Price Fixing Suit

    Lupin Pharmaceuticals has reached a settlement with multiple states to resolve allegations that it conspired with G&W Laboratories Inc. to raise prices of the tuberculosis drug Ethambutol during a supply shortage years ago, according to a minute order entered in Connecticut federal court on Monday.

  • September 29, 2026

    Suit Accuses USDA Of Unlawfully Gutting Aid For Rural Solar

    A coalition including farm and renewable energy trade groups has accused the Trump administration of abruptly and unlawfully making most solar projects ineligible for a U.S. Department of Agriculture grant and loan program created to advance renewable energy in rural areas.

Expert Analysis

  • How Axing SEC Trade-Through Rule Could Reshape Markets

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    The proposed elimination of a Securities and Exchange Commission rule that mandates a price benchmark for equity securities trades could allow blockchain-based trades to compete with legacy frameworks in registered markets, potentially serving as a test case for updated regulatory models, say Alex Zozos at Superstate, and Lewis Rinaudo Cohen and Edward Leaf at Cahill Gordon.

  • What Regulatory 'Reputation Risk' Purge Means For Banks

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    Banks should expect closer scrutiny of account closures and service denials after federal regulators recently stripped "reputation risk" from supervisory guidance, and should tie customer decisions to documented, objective legal and financial criteria to protect against debanking-related enforcement, say attorneys at Troutman.

  • Student Loan Revamp Leaves Bankruptcy Untouched

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    Recent changes to the Graduate PLUS student loan program may moderate borrowing and simplify repayment, but they may also shift financial distress into a bankruptcy system whose treatment of educational debt remains largely unchanged, say Jaclynn McDonnell at Stevens & Lee.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

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    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

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