Public Policy

  • 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.

  • September 11, 2026

    ITC Probing Imported Pizza Boxes For Possible Harms

    The U.S. International Trade Commission said Friday it is investigating whether corrugated pizza boxes imported into the country from China, Malaysia and Turkey that are being allegedly sold at unfair prices are harming U.S. domestic industry.

  • September 11, 2026

    3 Takeaways From EBSA's New Health Parity Guidance Docs

    The U.S. Department of Labor's recent guidance on how to comply with federal laws requiring parity in health plan coverage between behavioral and physical healthcare provides critical new details on the agency's narrowed set of enforcement priorities. Here are three takeaways from the guidance.

  • September 11, 2026

    DOJ Sues DC, 3 More States Over Immigrant In-State Tuition

    The Trump administration continues targeting states that provide in-state tuition to unauthorized immigrants, filing another batch of lawsuits that have now targeted more than two dozen state laws as unconstitutional, including in Hawaii and the District of Columbia.

  • September 11, 2026

    Mass. Court Revives Whistleblower Claims Against Hospital

    A former Boston Medical Center doctor will have another chance to pursue his claims that the hospital fired him in retaliation for his testimony for defendants in child abuse cases and complaints about the work of colleagues, an intermediate Massachusetts appellate court said Friday.

  • September 11, 2026

    Midterm Wins Could Help Dems Probe Trump's BigLaw Deals

    If the Democrats take back one or both chambers of Congress in the midterm elections, a big item on their oversight agenda will be to step up ongoing investigations of the deals that nine major law firms cut with the Trump administration last year.

  • September 11, 2026

    Fed. Circ. Scrutinizes Presumptive Date In Turkish Rebar Row

    A Federal Circuit panel on Friday looked to clarify the effect of the U.S. Department of Commerce's presumption that invoice dates are generally the best option for determining dates of sale during duty investigations, with a Turkish company claiming the presumption cost it $20 million.

  • September 11, 2026

    European Commission Sends India Trade Deal To EU Council

    The European Commission on Friday presented a "landmark" free trade agreement with India to the Council of the European Union for final approval, with the deal set to eliminate Indian tariffs on almost all EU goods.

  • September 11, 2026

    Pending Rule May End Nurse Training Antitrust Fight, Ga. Says

    The Georgia Board of Nursing is urging a federal court to stay litigation alleging that it violated antitrust law by preventing online and out-of-state nursing programs from placing their students at state facilities for clinical rotations, arguing that a proposed rule would likely resolve the suit.

  • September 11, 2026

    Senate Committee Soon Taking Up Anti-Jawboning Bill

    A key U.S. Senate panel on communications issues plans Sept. 16 to vote on a bill that would seek to prevent government officials from exerting undue influence over news organizations and social media platforms.

  • September 11, 2026

    Ore. Court OKs Recouping Tax After Farm Break Revoked

    A county assessor in Oregon was right to recoup property taxes for past years after revoking a tax break for farm use, the state tax court ruled, finding the land failed to meet past income requirements for the designation.

  • September 11, 2026

    DC Circ. Nixes Energy Dept.'s Order To Keep Coal Plant Open

    The D.C. Circuit on Friday wiped out a U.S. Department of Energy order to keep open a Michigan coal-fired power plant slated for retirement, saying it represents an unjustified expansion of the agency's emergency authority under the Federal Power Act.

  • September 10, 2026

    Zuckerberg Testifies List Of Kid-Glove Users Not A Problem

    Mark Zuckerberg strenuously disputed in testimony seen Thursday by a New Mexico jury that Facebook's internal list of parties whose content receives special treatment undercuts the company's public declarations that policy-violating content must be taken down without exception.

  • September 10, 2026

    Feds Sued To Block Armed ICE Agents From Polling Locations

    Advocacy groups Thursday sued the Trump administration in D.C. federal court to stop the deployment of armed U.S. Immigration and Customs Enforcement agents to polling locations during the midterm elections, arguing the government cannot "cast the pall of federal force over the ballot box" to intimidate voters or disrupt the elections.

Expert Analysis

  • 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.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

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    Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

  • From Order To Regulation: How EOs Are Reshaping Banking

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    The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

  • Rhode Island Self-Checkout Law Signals National Trend

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    Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • Opinion

    USCIS Delays Shouldn't Mean Detention For EB-5 Investors

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    Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

  • What FERC Concurrences Reveal About Large Load Priorities

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    The Federal Energy Regulatory Commission's recent orders concerning grid operators' procedures for connecting large loads like data centers to the power grid came with concurring statements from the FERC commissioners, which provide key insights into individual commissioners' concerns and a road map for compliance, say attorneys at Womble Bond.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • CFPB Fair Lending Litigation Reveals Compliance Complexity

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    A recent legal challenge to the Consumer Financial Protection Bureau's fair lending amendments underscores continuing uncertainty over disparate impact liability, discouragement standards and special purpose credit programs, signaling that financial services providers should avoid hasty compliance changes, say attorneys at Weiner Brodsky.

  • Ensuring Eligibility For Data Center Sales Tax Breaks

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    As states compete to lure data centers, sales tax exemptions are an important component of many incentive packages — but companies must ensure that projects not only qualify for exemptions on paper, but also can preserve and prove their eligibility through the planning, construction and operation phases, says Peter Lowy at Nelson Mullins.

  • Cos. Should Act Now After US Ruling Reopens EU Data Fight

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    The U.S. Supreme Court's recent decision in Trump v. Slaughter may have inadvertently undermined the EU-U.S. Data Privacy Framework, and given the importance of data transfers for U.S. businesses, companies should start preparing for a scenario in which the framework is no longer enforceable, says Fernanda Pires Merouço at Davis Wright.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • FDIC Proposals Mark Pullback In Bank Resolution Rules

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    A recent pair of Federal Deposit Insurance Corp. proposals would fundamentally reshape testing of banks' resolution-related capabilities from a mandatory exercise to a voluntary one supported by significant financial incentives, amounting to an overall reduction in reporting requirements, say attorneys at Moore & Van Allen.

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