Public Policy

  • September 11, 2026

    Noncitizens Want Class Cert. In Alien Enemies Act Suit

    A group of noncitizens at risk of being transferred to an El Salvador prison asked a Texas federal court to grant them class certification in their lawsuit against the Trump Administration, saying that without it, the government may deny them judicial review entirely.

  • September 11, 2026

    State Dept. Must Give Court 3 Diversity Visa Updates A Week

    A California federal judge has ordered the U.S. Department of State to provide three updates per week on the status of diversity visa applications, saying he was "troubled" by the lack of progress since he ordered adjudications to be resumed.

  • September 11, 2026

    5th Circ. Says Enviro Groups Timely In Prairie-Chicken Fight

    The Fifth Circuit on Friday allowed two environmental groups to join a lawsuit over the endangered designation of the lesser prairie-chicken, saying their second request to intervene was timely filed after the Trump administration made it clear it would stop defending the designation.

  • September 11, 2026

    Copyright Office To Test New Registration System In Late 2026

    The U.S. Copyright Office is making progress on its launch of its new modernized registration system, with plans to start rolling out some functions to Copyright Public Modernization Committee members later this year, leaders said Friday.

  • September 11, 2026

    Wis. Groups Say Warrantless Flock Searches Violate Chatrie

    Wisconsin privacy groups have sued a group of local governments over their warrantless searches of Flock Group Inc. camera data, arguing that they run afoul of the Fourth Amendment after the U.S. Supreme Court's recent decision in Chatrie v. U.S.

  • September 11, 2026

    Tatneft Says Ukraine Is Politicizing $173M Award Appeal

    The Russian oil company Tatneft pressed the D.C. Circuit on Thursday to restart litigation aimed at enforcing a confirmed $173 million arbitral award against Ukraine, accusing the country of relying on "unsupported assertions and innuendo" to keep the case on pause indefinitely.

  • September 11, 2026

    Employers In Bind As Noncitizen Workers Lose TPS

    The Trump administration's rollback of Temporary Protected Status for 13 of 17 countries that had the designation has put work authorization for hundreds of thousands of noncitizen workers at risk across various industries, including healthcare, hospitality and construction.

  • September 11, 2026

    U of Mich. Hit With Suit Over Foreign Service Tuition Rate

    A student has accused the University of Michigan of violating federal law and his constitutional rights by refusing to grant him in-state tuition despite his parents' claim that Michigan is their permanent legal residence and his father's service as a U.S. Foreign Service officer overseas. 

  • September 11, 2026

    9th Circ. Leaves VA On Hook For Homeless Vet Housing

    The full Ninth Circuit Friday refused to revisit a ruling requiring the U.S. Department of Veterans Affairs to build supportive housing for homeless disabled veterans, sparking dissents that accused judges of swapping their robes for hard hats and "bulldozing" established disability law.

  • September 11, 2026

    DOJ Gets Final OK For Agri Stats Antitrust Settlement

    A Minnesota federal court has granted final approval to the U.S. Department of Justice's settlement with Agri Stats, with the company agreeing to stop offering the sales reports for meat processors at the center of the case.

  • September 11, 2026

    7th Circ. Probes Ill. Nonprofit Demographic Disclosure Law

    A Seventh Circuit panel wrestled Friday with whether Illinois' law requiring nonprofits to publicize their demographic data merely encourages diversity or unconstitutionally compels speech, with one judge questioning whether its "nudging effects" establish an injury while another highlighted legislators' statements indicating a push to influence leadership or donor decisions.

  • September 11, 2026

    New IHS Director Says Bill Protects $5.3B In Health Programs

    Newly confirmed Indian Health Service Director Mark Cruz in one of the first acts of his four-year term has told tribal leaders that $5.3 billion in federal funds earmarked for IHS programs is safe following the U.S. government's passage of a stopgap spending bill.

  • September 11, 2026

    3M Wants Conn. Firefighter PFAS Suit Moved To Different MDL

    3M Co. has asked to peel PFAS "forever chemicals" claims by Connecticut firefighter unions and several individuals away from a recently empaneled Minnesota multidistrict litigation containing claims by municipalities who purchased firefighting turnout gear, arguing the unions' and individuals' allegations instead belong in an ongoing South Carolina MDL.

  • September 11, 2026

    DC Circ. Probes DOT Authority To Withhold Calif. Funds

    A panel of D.C. Circuit judges grilled a Trump administration attorney Friday over the U.S. Department of Transportation's move to slash California's federal highway funding because of the state's commercial driver's licensing rules for nondomiciled drivers, wondering whether the agency had any authority to take the drastic measure.

  • September 11, 2026

    Prediction Markets' High Court Clash Looks More Imminent

    The widespread clash over whether the regulation of prediction markets falls under federal or state jurisdiction was bound to land in the U.S. Supreme Court, and a new circuit split and urgent policy questions may force the justices' hands to take up the issue.

  • September 11, 2026

    FCC Can't Avoid Final Order On Fox Philly Issue, Court Told

    A media advocacy group told the D.C. Circuit on Friday that the Federal Communications Commission cannot sidestep its duty to issue a final order on whether to dismiss a petition over Fox TV's character fitness for a broadcast license in Philadelphia.

  • September 11, 2026

    Zurich Needn't Cover Auto Dealers In Deceptive Pricing Row

    Two Zurich units have no duty to defend or indemnify a group of auto dealers accused by the Federal Trade Commission and the Maryland Attorney General's Office of misrepresenting the cost of vehicles to consumers, a Virginia federal judge ruled Friday.

  • September 11, 2026

    Bank Regulators Propose Tailored Third-Party Risk Guidance

    Federal banking regulators Friday proposed revisiting 3-year-old guidance on third-party risk management for banks, saying they plan to let banks tailor their practices more specifically to the actual risk posed by each relationship.

  • September 11, 2026

    IRS Can Withhold Docs That May Air Taxpayer ID, Court Rules

    The IRS may withhold documents sought by a tax news publisher, a Washington, D.C., federal judge said, finding the subject is prominent enough that disclosing the records could allow the taxpayer to be identified using a former IRS contractor's leak of President Donald Trump's tax returns and thousands of others.

  • September 11, 2026

    Australian Bill Would Hone R&D Tax Credit To Newer Firms

    The Australian government is seeking input on a bill that would narrow eligibility for its research and development tax credit to newer firms while raising the value of the credit for businesses that qualify, the Department of the Treasury said Friday.

  • September 11, 2026

    Mich. Township Seeks To Pause Winery Events Fight

    A northern Michigan township asked a federal judge to dismiss or stay a lawsuit brought by several local wineries that claim the township is attempting to bypass a previous court ruling to block them from hosting special events, saying the township's appeal of that earlier ruling remains pending in the Sixth Circuit.

  • September 11, 2026

    ABA Cyber Task Force Co-Chair Eyes AI Education Boost

    With the legal industry presenting a more and more enticing target for cyberattacks, it's becoming increasingly important for practitioners to know how to best protect clients' data and most effectively use emerging artificial intelligence tools — a task that the American Bar Association's Cybersecurity Legal Task Force is well positioned to assist with, its incoming co-chair recently told Law360.

  • September 11, 2026

    Corp. Transparency Law Unconstitutional, Justices Told

    The Supreme Court should find that the Corporate Transparency Act is unconstitutional to prevent a future administration from reviving its application to domestic entities, the National Small Business Association told the justices.

  • September 11, 2026

    RV Part Cos. Give Enforcers More Time To Review Merger

    LCI Industries and Patrick Industries have pulled and refiled their merger notices, giving enforcers with the Federal Trade Commission and U.S. Department of Justice additional time to review a planned merger between two of the nation's biggest RV parts suppliers.

  • September 11, 2026

    Commerce Probing 3 Nations' Hydraulic Cylinders For Duties

    The U.S. Department of Commerce is investigating whether linear hydraulic cylinders imported into the U.S. from China, India and Mexico are benefiting from government subsidies, it said Friday.

Expert Analysis

  • HSR Deals Proceed More Steadily Than Narratives Suggest

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    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

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    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

  • Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

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    Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

  • What's Inside Proposed, Expanded NY Stablecoin Regulations

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    New York's recently proposed regulations for payment stablecoin issuers would, if adopted, increase the regulatory burdens of a state license, and midsize issuers considering a conversion to a federal charter should weigh the associated costs of both options, say attorneys at Lowenstein Sandler.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • What Corporate Counsel Can Learn From OpenAI Test Breach

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    The significance of the recent artificial intelligence testing breach involving OpenAI and Hugging Face lies in what it reveals about the path of AI’s evolution, because legal professionals must translate that trajectory into actionable governance, contractual and advisory frameworks, says Jason Mueller at Vorys.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • Assessing DOJ Antitrust's New, Faster Merger Review Option

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    The U.S. Justice Department Antitrust Division's recently announced targeted second request option and new model timing signal a commercially friendly stance and a departure from the prior administration's position, say attorneys at Paul Weiss.

  • NRC Proposal May Reshape Radiation Protection Framework

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    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • AG Watch: Minn. Defends Prediction Markets Ban

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    Minnesota Attorney General Keith Ellison has aggressively defended the state's landmark statute banning prediction markets, but the court's July 27 temporary injunction in U.S. v. Minnesota blocking the law from taking effect could set the template for state authority across the country, say attorneys at Crowell & Moring.

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