Public Policy

  • August 12, 2026

    Colleges Say Wealth Bias Evidence Would Prejudice Jury

    Top-flight universities, preparing to fight class action antitrust claims at trial later this year that they illegally colluded on financial aid formulas, on Wednesday accused the student plaintiffs of trying to "dirty" the universities with allegations that they admit underqualified applicants because of their family wealth.

  • August 12, 2026

    NYC Probes Polymarket, Kalshi Over Ads Targeting Minors

    The New York City Council announced Wednesday that it is investigating Kalshi, Polymarket, Coinbase and Gemini Titan for potentially false, deceptive or abusive advertising tactics for their prediction market platforms, expressing concerns about marketing directed toward young people.

  • August 12, 2026

    UMich Law Professor's Pro Bono Work Not FOIA Fodder

    The University of Michigan doesn't have to turn over the emails a law professor sent as part of her environmental pro bono work in response to a Freedom of Information Act request, after Michigan state court ruled that the emails don't count as public records under the law.

  • August 12, 2026

    Apple Gets Brief Pause In App Store Case From High Court

    The U.S. Supreme Court issued a brief stay Wednesday in a case from Epic Games targeting Apple's App Store policies, after the district court refused to put the case on hold while the justices review a contempt order against Apple.

  • August 12, 2026

    Wash. County Wants Out Of Burial Site Development Suit

    Whatcom County, Washington, has asked a federal court to dismiss the sole claim against it in a lawsuit from the Lummi Nation over broadband construction that allegedly disturbed ancestral remains, arguing that the county cannot be held liable for how it reviewed permits for the projects.

  • August 12, 2026

    Missouri Seeks To Block Minority Contracting Program

    Missouri Attorney General Catherin L. Hanaway pressed a district court judge to block Kansas City's contracting program for minority- and women-owned businesses, saying it violates the equal protection clause of the U.S. Constitution.

  • August 12, 2026

    Wheelchair Isn't A 'Vehicle' For DUI Test Consent In PA

    A Pennsylvania appeals court on Wednesday rolled out its finding that a man's wheelchair does not constitute a vehicle and that his use of the device to leave the scene of a car crash did not imply consent for a blood test as part of a DUI investigation.

  • August 12, 2026

    Miami Judge Says Rival's Trump Library Attack Defamed Her

    A Miami-Dade County Circuit Court judge has accused an attorney vying for her seat on the bench of defamation, telling a Florida state court the attorney conspired to unlawfully influence the upcoming non-partisan judicial race with a smear campaign claiming she tried to block the Donald Trump Presidential Library.

  • August 12, 2026

    ICE Says Noncitizens Are Targeting 'Unwritten' Philly Policy

    The Trump administration asked a federal judge Wednesday to toss proposed class claims against U.S. Immigration and Customs Enforcement seeking the reinstatement of a Philadelphia policy that the three noncitizens who filed suit say limits the agency's ability to rearrest nondangerous immigrants without justification. 

  • August 12, 2026

    Labor Groups Sue Ed. Dept. Over Student Loan Access Cuts

    The AFL-CIO and several unions have filed a complaint in D.C. federal court challenging new federal student loan caps in a U.S. Department of Education rule that narrows the definition for "professional student," claiming that the rule arbitrarily restricts access to federal student loans.

  • August 12, 2026

    Raskin Asks Ellison To Speak To Congress About Merger

    U.S. Rep. Jamie Raskin, D-Md., has asked Paramount Skydance CEO David Ellison to appear for a transcribed interview to explain the Paramount-Warner Bros. Discovery merger.

  • August 12, 2026

    Trump Tells 11th Circ. Sanctions In IRS Case Must Be Paused

    President Donald Trump urged the Eleventh Circuit on Wednesday to halt sanctions imposed by a lower court over an immunity deal that would have given him broad protections from federal tax audits and investigations, arguing he and the government have distinct interests.

  • August 12, 2026

    Squires Tells Fed. Circ. PTAB Made Error In Corteva Decision

    U.S. Patent and Trademark Office Director John Squires has asked the Federal Circuit to intervene in Inari Agriculture's appeal of a Patent Trial and Appeal Board decision upholding a Corteva patent on insect-repellent corn, saying part of the board's decision was wrong.

  • August 12, 2026

    6th Circ. Rejects Prison Worker's Excessive Force Claim

    The Sixth Circuit has rejected a Michigan prison employee's excessive force claim stemming from injuries she suffered during a hostage training exercise, ruling that she was not "seized" under the Fourth Amendment because the officers were practicing a rescue rather than carrying out an actual law enforcement operation. 

  • August 12, 2026

    Texas Judge Keeps Hemp THC Curbs In Place During Suit

    A Texas federal judge has declined to halt new state-led restrictions redesignating intoxicating hemp products as Schedule I substances while a lawsuit challenging them plays out.

  • August 12, 2026

    Full 5th Circ. Invalidates Part Of No Surprises Act Rules

    The full Fifth Circuit partially unraveled federal regulations that implemented an arbitration system between insurers and out-of-network providers that Congress established in a 2020 law called the No Surprises Act, holding aspects of how the rules calculated payment amounts for disputed claims were unlawful.

  • August 12, 2026

    Trump Pick Sets Stage For More Fights Over FCC's Power

    A move by the White House to fill the third Republican vacancy on the Federal Communications Commission — but leave a long-empty minority seat on the five-member board unfilled — sets up what will likely be more pitched battles over not only the FCC's powers, but its future composition.

  • August 12, 2026

    Trump Repeats Call To Remove Stay On Mail-In Ballot Order

    The Trump administration prodded the U.S. Supreme Court on Wednesday to "promptly" lift a Massachusetts judge's order prohibiting the enforcement of new restrictions on mail-in ballots in 23 states and the District of Columbia in this year's midterm elections. 

  • August 12, 2026

    Lawmakers Probe Rare Earths Co. Over $620M DOD Loan

    Democratic lawmakers have asked the CEO of Vulcan Elements to address reports that a senior White House adviser pressed defense officials to loan the rare earths startup $620 million after a firm affiliated with Donald Trump Jr. invested in it.

  • August 12, 2026

    'Core' Generics Leader Must Face Most AG Price-Fix Claims

    A Connecticut federal judge ruled Wednesday that G&W Laboratories Inc. must face most price-fixing claims from dozens of state attorneys general targeting generic-drug makers, teeing the shuttered company up for trial as one of four companies deemed the "core group of leaders most responsible" for the conspiracy.

  • August 12, 2026

    Novig Loses Bid To Halt NY Action Over Prediction Market

    A New York federal judge has refused to grant a temporary restraining order that would block the state from taking action against prediction market Novig, stating she was following the lead of another judge in her district who issued a similar ruling against Kalshi.

  • August 12, 2026

    DOJ Settlements Perceived As Flouting Litigation Norms

    A trend of settlements between the Trump administration and friendly parties in fast-track lawsuits to pursue policy changes has legal experts concerned about the endurance of a longstanding norm that federal courts can only hear genuine disputes between opposing parties.

  • August 12, 2026

    White House Drops Appeal Over Fast-Track Immigration Rule

    The Trump administration is dropping its D.C. Circuit appeal of a lower court's order blocking sweeping Executive Office for Immigrant Review rule changes that would have fast-tracked the review of deportation orders nationwide.

  • August 12, 2026

    Senate Passes Bill Letting Feds Share Counterfeit Import Data

    The U.S. Senate has passed a bipartisan bill aiming to combat counterfeit and pirated imports by allowing customs agents to share suspected counterfeit packaging and shipping information with intellectual property holders, e-commerce companies and goods transporters.

  • August 12, 2026

    Trump Says Fla. Library Land Gift Isn't Emoluments Breach

    President Donald Trump urged a Florida federal court to toss a lawsuit challenging Florida's donation of a local college's property in downtown Miami to build his presidential library, saying land gift to a private foundation doesn't violate the U.S. Constitution. 

Expert Analysis

  • AI, Prediction Markets Lead Securities Developments In 2026

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    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • 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.

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