Public Policy

  • September 23, 2026

    NY's Landmark Climate Change Superfund Blocked Again

    Another New York federal judge on Wednesday agreed with the federal government that the Empire State overstepped its authority with its Climate Change Superfund Act, the second such ruling on the state's landmark attempt to collect payments from fossil fuel companies to fund climate change mitigation efforts.

  • September 23, 2026

    WH Aide Says CFTC Needs Congress For Full Crypto Powers

    A White House crypto aide said Wednesday that Congress' failure to pass the Clarity Act leaves the U.S. Commodity Futures Trading Commission without authority over spot crypto markets, which could limit the agency's plans to stand up a digital asset framework in the absence of crypto market structure legislation.

  • September 23, 2026

    Colo. Town Says Agenda Change Didn't Void Closed Meeting

    A Colorado Court of Appeals panel appeared skeptical Wednesday that an improperly noticed meeting revokes the privacy privilege of an executive session held at the meeting in a town's appeal of a lower court's order to make what was discussed during the session public.

  • September 23, 2026

    9th Circ. Grounds Suit Over Wash. Airport Flight Path Pollution

    A Ninth Circuit panel said Wednesday that a provision of the Clean Air Act limiting state regulation of aircraft emissions is enough to extinguish a group of Washington residents' proposed class action against Delta Air Lines, Alaska Airlines and the Seattle-Tacoma International Airport's operator over alleged flight path pollution.

  • September 23, 2026

    Squires Wants Even More Review Of Patent From $253M Case

    The U.S. Patent and Trademark Office director again intervened in a case stemming from a Patent Trial and Appeal Board's invalidation of patent claims in a $253 million judgment against GoDaddy, asking the Federal Circuit to remand an appeal over a decision by top judges that revived the claims.

  • September 23, 2026

    Judge Won't Block Feds' Land Exchange With SpaceX

    SpaceX and the U.S. Fish and Wildlife Service can proceed with their planned land swap after a Texas federal judge determined that the groups challenging the deal failed to show that their members would suffer irreparable injury as a result of the exchange.

  • September 23, 2026

    Electric Cos. Urge FCC To Revamp Call Consent Revocation

    Investor-owned electric companies told the Federal Communications Commission it should move forward on a recently proposed rule that would change how call consent revocation applies to different categories of calls.

  • September 23, 2026

    Banking Dems Protest GOP-Only Prediction Market Talks

    Every Democratic senator on the Banking Committee on Wednesday urged the panel's chairman, Sen. Tim Scott, R-S.C., to hold a public hearing on prediction markets, the same day Scott held a Republican member meeting with the CEO of sports betting platform Kalshi.

  • September 23, 2026

    Blue Shield Still Facing Therapy 'Ghost Network' Suit

    A California federal judge ruled Wednesday that Blue Shield of California must face the majority of claims brought in subscribers' proposed class action alleging the insurer maintained a "ghost network" of mental-health providers that didn't exist or accept new patients, saying the suit adequately claims contract terms were not met.

  • September 23, 2026

    5th Circ. Asks Texas Students If Drag Is Same As 'Striptease'

    The full Fifth Circuit pressed student LGBTQ+ advocacy organizations to explain how drag shows on Texas college campuses met the standards for First Amendment protection, asking Wednesday if the organizations were arguing the schools should allow "striptease" performances.

  • September 23, 2026

    Colo. Judge Declines To Sanction Hospital In Gender Care Suit

    Children's Hospital Colorado properly complied with an injunction prohibiting it from refusing to provide medically necessary gender-affirming care to transgender youth patients, a state judge ruled, rejecting a request by a class of patients to hold the hospital in contempt.

  • September 23, 2026

    Media Ban Judge Declines Ruling On TRO, For Now

    A D.C. federal judge Wednesday declined to rule immediately on a temporary restraining order restoring White House access for major news organizations barred by the Trump administration since last week, instead saying he would consider the sides' arguments and issue a ruling shortly.

  • September 23, 2026

    Birthright Order Could Put Class Members At Risk, Judge Told

    Immigrant rights groups are aiming to stop the government from trying to dissolve a court order that blocked a presidential directive intended to curtail birthright citizenship, arguing the executive order would affect a certified class of children born in the U.S., despite the government's insistence it would not.

  • September 23, 2026

    9th Circ. Won't Rehear Klamath Project ESA Ruling

    The Ninth Circuit said Wednesday it won't disturb a divided three-judge panel's ruling affirming that a federal regulator must abide by the Endangered Species Act's interagency consultation requirements as it operates a water management project in northern California and southern Oregon.

  • September 23, 2026

    Wash. Judge Blocks Ed. Dept. Mental Health Grant Cuts

    A Washington federal judge preliminarily enjoined the U.S. Education Department from terminating up to $1 billion in K–12 mental health grants serving 15 states, finding states provided sufficient evidence that the agency was planning to unlawfully cut those grants.

  • September 23, 2026

    Exelon Investors' $40M Deal In Bribery Case Wins Final OK

    An Illinois federal judge on Tuesday granted final approval to a $40 million settlement resolving Exelon shareholders' claims against company leaders connected to the Commonwealth Edison bribery scandal, over the objections of some investors who argued that most benefits were already paid, previously implemented, or too small to justify releasing valuable claims.

  • September 23, 2026

    DOJ Partially Backs Apple In Epic High Court Contempt Case

    The U.S. Department of Justice told the U.S. Supreme Court in an amicus brief that the Ninth Circuit wrongly faulted Apple for charging a 27% commission on transactions linked out from apps, but it backed other parts of the California federal court's contempt order won by Epic Games.

  • September 23, 2026

    Illinois Swipe-Fee Ban Also Blocked For Federal Credit Unions

    An Illinois federal judge expanded an order blocking the state from enforcing its landmark ban on tax-and-tip swipe fees against most banks, ruling that an injunction she granted earlier this year extends to federal credit unions in light of a new federal rule that authorizes them to collect interchange fees.

  • September 23, 2026

    Mich. Court Keeps Freeze On Voting Data Deletion In Place

    A temporary restraining order preventing the deletion of voter records from the Aug. 4 primary election will remain in place pending the release of administrative rulings from the Michigan Secretary of State, a Michigan judge ruled Tuesday.

  • September 23, 2026

    Mich. Judge Gives Cannabis Cos. Chance To Fix Complaint

    A Michigan federal judge has given two companies challenging the city of Menominee's marijuana licensing process a chance to amend their complaint after the city argued that a waiver signed as part of a license application bars their nine-count lawsuit.

  • September 23, 2026

    Ex-NY County Top Official's 12-Year Sentence Cut To 10

    A New York federal judge sentenced former Long Island politician Edward Mangano to 10 years for corruption Wednesday, trimming a 12-year term she handed him after the Second Circuit tossed a jury's finding that he committed bribery.

  • September 23, 2026

    FTC Backs Proposed Education Dept. Accreditation Reforms

    The Federal Trade Commission has endorsed the U.S. Department of Education's proposal to expand higher education accreditation options and promote competition among accreditation agencies.

  • September 23, 2026

    Md. Governor Calls For Ending Data Centers' Tax Exemption

    Maryland's governor became the latest state executive Wednesday to back off giving tax breaks to data centers, a development becoming increasingly common as the midterm elections draw near.

  • September 23, 2026

    Del. Justices Weigh If Corporations Can Vote In Beach Town

    The ACLU of Delaware urged the state's high court Wednesday to revive its challenge to Fenwick Island's practice of allowing property-owning corporations and other artificial entities to vote in municipal elections, arguing the system unlawfully dilutes residents' votes.

  • September 23, 2026

    Sens. Await FTC Reply On Amazon, Walmart Shopping Bots

    U.S. Sens. Tammy Baldwin and Rick Scott are waiting to receive a substantive response from the Federal Trade Commission to their request for an investigation into how Amazon and Walmart's AI shopping assistants handle "Made in the USA" products, Baldwin's office confirmed Wednesday.

Expert Analysis

  • 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.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • 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.

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