Public Policy

  • 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.

  • September 29, 2026

    Fugitive Ex-Conn. Budget Official Seeks To Split Restitution

    A onetime Connecticut budget official now on the lam in Greece asked a federal judge Tuesday to postpone restitution until two admitted co-conspirators who testified against him are sentenced, arguing their plea agreements could force them to shoulder at least some of the costs of a school construction bribery scheme.

  • September 29, 2026

    CFTC Sends Event-Contracts Swaps Proposal To White House

    The U.S. Commodity Futures Trading Commission has submitted two rule proposals to the White House that appear to explicitly establish event contracts as swaps while excluding "casino-style gambling products," updates that could affirm the agency's view that prediction markets are under its "exclusive jurisdiction" and beyond the reach of states.

  • September 29, 2026

    Aldi Sued Over Online Order Delivery Fees By SNAP Users

    Aldi illegally charges ancillary, nonfood-related delivery, expedited fulfillment and convenience fees to customers who use SNAP-EBT benefits to buy grocery items online through Instacart or Aldi Express, alleges a proposed consumer protection class action filed Monday in California state court. 

  • September 29, 2026

    Trump Admin Can't Use Anti-DEI, Citizenship Rules For Grants

    A Rhode Island federal judge on Tuesday said the U.S. Department of Justice can't impose new conditions related to diversity, equity and inclusion activities and immigration status on domestic violence assistance grants, a ruling that sides with a coalition of states and nonprofits that challenged the restrictions.

  • September 29, 2026

    Feds Tell 4th Circ. Ábrego García Delayed His Own Removal

    The Trump administration is telling the Fourth Circuit that a Maryland federal judge shouldn't have granted Kilmar Ábrego García protection from continued immigration detention, saying the unlawful rulings he successfully sought are what's preventing his removal to Liberia.

  • September 29, 2026

    DC Circ. Anthropic Ruling Could Chill Contractor Speech

    The D.C. Circuit's decision backing the U.S. Department of Defense's removal of Anthropic from its supply chain was based on a broad reading of the Federal Acquisition Supply Chain Security Act, which could lead contractors to be more careful about publicizing disputes with the department.

  • September 29, 2026

    States' Temporary Aid Data-Sharing Injunction Bid Falls Short

    A D.C. federal judge declined to block a Trump administration policy allowing disclosures of temporary financial assistance recipients' sensitive personal information to federal authorities, saying that while it "seems plausible" this will chill participation in the program, Democratic-led states challenging the policy haven't provided "concrete evidence" of such harm.

  • September 29, 2026

    Key Bank Policymaking Official To Depart Treasury

    Luke Pettit, a top U.S. Department of the Treasury official who has helped shepherd the Trump administration's financial services policy agenda will step down next month, becoming the latest federal regulatory official to decamp in advance of the midterm elections.  

  • September 29, 2026

    Tech Giants Tell Fed. Circ. To Spurn Squires Remand Bid

    Google, Meta and other tech giants that challenged an Express Mobile website building patent have asked the Federal Circuit to reject the U.S. Patent and Trademark Office's bid to remand the case to the patent office for further proceedings, after a panel of top Patent Trial and Appeal Board judges upheld the patent.

  • September 29, 2026

    CNN Wants Preliminary Injunction In White House Ban Case

    News outlets CNN, Politico and MS Now have asked for a preliminary injunction in their suit against the Trump administration over its ban on their journalists from entering the White House.

  • September 29, 2026

    DEA Judge Pauses Marijuana Rescheduling Over GAO Report

    A U.S. Drug Enforcement Administration administrative law judge on Tuesday paused consideration of a pending proposal to reclassify marijuana after opponents of cannabis reform said a recent U.S. Government Accountability Office report found that regulators did not articulate the reasoning behind their recommendation to loosen restrictions on marijuana.

  • September 29, 2026

    Late Notice Can't Void Rent Control Exemption, Judge Rules

    A New Jersey federal judge has sided with the owners of two apartment towers on Jersey City's waterfront, ruling that the buildings qualify for an exemption from rent control under state law despite the city's contention that the owners failed to meet a notice requirement.

  • September 29, 2026

    Surgical Robot Co. Says 9th Circ. 'Expands' Antitrust Law

    Intuitive Surgical asked the full Ninth Circuit to reconsider a decision reviving a surgical repair company's claims that it blocked third parties from refurbishing components for its popular da Vinci surgery robot, arguing the panel created a whole new pathway to alleging monopolization of secondary markets.

  • September 29, 2026

    Summer Vacation Rules Save Texas Slip-And-Fall Suit

    A Texas appeals panel on Tuesday revived a woman's slip-and-fall suit, finding the trial court judge abused their discretion by ignoring her attorney's summer vacation designation and dismissing the case with prejudice when he was unprepared at trial.

  • September 29, 2026

    USPTO Details Best Practices For Subject Matter Declarations

    Patent applicants submitting declarations explaining why their patents are eligible under Section 101 of the Patent Act should hand in those statements separately from other evidence and also send them in sooner rather than later, U.S. Patent and Trademark Office Director John Squires recommended on Tuesday.

  • September 29, 2026

    DC Circ. Weighs Limits On Boasberg's Contempt Inquiry

    A top Justice Department official told an en banc D.C. Circuit panel that a district judge should refer former Homeland Security Secretary Kristi Noem for contempt over the 2025 deportation flights to El Salvador and move on, saying the judge had no authority to wrap others into his inquiry.

  • September 29, 2026

    Glock Says Conn. Wouldn't Clarify Convertible Pistol Sale Ban

    Glock Inc. criticized Connecticut's attorney general and other state authorities Tuesday, arguing litigation was necessary because officials provided no clear answers when asked whether certain pistols violate a new law that bans the importation, advertising or sale of newly manufactured handguns that can be "readily converted" into fully automatic weapons.

  • September 29, 2026

    Colo. Says DHS, ICE Flouted Notice Laws For Detention Site

    Colorado urged a federal judge to nullify a government contract for the renovation and operation of a federal immigrant detention facility northeast of Denver, alleging Tuesday that federal agencies flouted their legal obligations to conduct an environmental analysis and to notify the public about the planned facility's environmental impact.

  • September 29, 2026

    Fed Bill Seeks To End NY Control Of Seneca Policing

    U.S. Sen. Kirsten Gillibrand, D-N.Y., has introduced companion legislation that will establish a path to end a federal law that gave the state criminal jurisdiction over Seneca Nation territory, which is designed to resolve overlapping responsibilities among federal, state and tribal authorities.

  • September 29, 2026

    Agency Says Indicted Ex-Boss Can't Use Home For Bond

    The former executive director of two Connecticut housing authorities cannot use his home to secure a $500,000 bond in his federal wire fraud case, the Groton Housing Authority and related entities told the state court judge overseeing a civil case arising from his alleged theft.

Expert Analysis

  • How Cannabis Rescheduling Is Reshaping Bankruptcy

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    As broader cannabis rescheduling awaits a recommended decision, cannabis companies continue to test the boundaries of the Bankruptcy Code, with the recent Cannabist Chapter 15 recognition order suggesting that governmental resistance may be reduced in future filings, say attorneys at Thompson Coburn.

  • How Calif. Privacy Bill Could Change CIPA Tracking Cases

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    If California Gov. Gavin Newsom signs S.B. 690, the bill could materially reduce the leverage behind a pen-register-only claim or demand, so California Invasion of Privacy Act website tracking claims should not be evaluated the same way they were six months ago, says Alexandra Samofalova at Spencer Fane.

  • Risk Considerations As EEOC Moves To Ax Data Reports

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    While the U.S. Equal Employment Opportunity Commission's recent proposal to rescind requirements for workforce demographic reporting wouldn't bar employers from collecting data, companies would have to be especially careful to gather and use such information in legally defensible ways, say attorneys at Foley & Lardner.

  • For Faster FDIC Review, Banks Must Front-Load Prep

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    Banks seeking to benefit from the efficiency promised by the Federal Deposit Insurance Corp.’s new two-phase review of deposit insurance applications must prioritize filing comprehensive submissions or risk the fate of applicants recently rejected by the Comptroller of the Currency, say attorneys at Skadden.

  • A Look At Loper Bright's Uneven Effect On Immigration Law

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    Recently decided cases in the Second and Fourth Circuits show the disparate effects independent judicial review has had on long-standing immigration precedents since the U.S. Supreme Court's 2024 ruling that ended Chevron deference, says Danny Alicea at the Legal Aid Society.

  • Opinion

    New CMS Medical Device Pathway May Have Limited Effect

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    The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • Time Is On Payment Processors' Side As Deal Dynamics Shift

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    As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

  • A Road Map To Modernizing Clinical Lab Regulations

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    The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

  • IRS Notice Helps Bridge Carbon Capture Reporting Gap

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    Recent guidance that extends a safe harbor for taxpayers claiming Section 45Q carbon capture credits provides a temporary reporting method that may keep viable projects moving while the U.S. Department of the Treasury and the Environmental Protection Agency address future reporting standards, says Peter Lowy at Nelson Mullins.

  • How GCs Can Assess The Risks Of Emerging AI Laws

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    Amid a swirl of momentous legislative activity aimed at regulating artificial intelligence, general counsel must return to first principles when determining whether new laws will apply and whether the company’s use could cause regulators to subject it to additional regulation, say attorneys at WilmerHale.

  • Illinois Domestic Violence Law Expands Employer Obligations

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    With a new Illinois law expanding domestic violence protections by redefining harassment for the digital age and making protective orders more accessible, employers should review their policies and training programs as they will likely encounter more orders and a wider range of workplace restrictions, say attorneys at Nixon Peabody.

  • What State AI Election Laws Mean For The 2026 Midterms

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    In the absence of federal rules governing artificial intelligence in elections and no consensus emerging across state laws, campaigns, their vendors and AI developers must address the risks associated with outdated rules written for other problems, says Matthew Shapanka at Covington.

  • Why Pa. Push For Brownfield Renewables May Not Be Enough

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    A recent executive order from Pennsylvania Gov. Josh Shapiro directed state regulators to expedite siting of clean energy development on former industrial sites — but additional reforms may be needed to effectively eliminate barriers to these types of projects, says Louis Dodge at Langsam Stevens.

  • Draft Biosolids Guidance Illuminates EPA's Approach To PFAS

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    Recent draft guidance from the U.S. Environmental Protection Agency on mitigating risks from two "forever chemicals" in sewage sludge is not legally binding, but its recommendations may help wastewater treatment plants operators, landowners, farmers, water agencies and the public understand the agency's current thinking, says Ayodeji Ayolola at Gordon Rees.

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