Public Policy

  • September 15, 2026

    DOJ Says Fed Law Preempt Colo., Denver Efficiency Mandates

    The Trump administration told a Colorado federal court Tuesday that federal law preempts Colorado and the city of Denver's regulations on greenhouse gas emissions from buildings, backing a magistrate judge who recommended that a lawsuit challenging the regulations proceed.

  • September 15, 2026

    DOJ Says States Could Owe Bond In Paramount Merger Case

    The U.S. Department of Justice said Tuesday that a coalition of state attorneys general and the Writers Guild of America could indeed be required to put up a bond as they challenge Paramount's acquisition of Warner Bros. Discovery, but only if the order they secured truly constitutes an injunction.

  • September 15, 2026

    Brothers Seek Justices' Clarity After Losing Stolen Skull Suit

    Two brothers who lost their bid to hold an Illinois county liable for a former coroner's secret skull-collecting practices asked the U.S. Supreme Court Monday to use their case as the vehicle for settling a deep circuit split they say a recent Seventh Circuit ruling "cemented."

  • September 15, 2026

    DC Circ. Vexed Over Migrant Kid Sponsor Approval Timeframe

    The D.C. Circuit tore into the Trump administration Tuesday morning after a government attorney refused to answer how long an Office of Refugee Resettlement approval of a sponsor for an "unaccompanied" child lasts, even when the court whittled the time down to a matter of hours.

  • September 15, 2026

    Alaska Judge Defers To Army Corps In Gold Mine Permit Row

    An Alaska federal judge has told tribal and environmental groups that they failed to show the U.S. Army Corps of Engineers improperly approved a Clean Water Act permit allowing JT Mining Inc. to develop access to a mineral exploration site on privately owned land in Lake Clark National Park.

  • September 15, 2026

    Lender Alleges Housing Official Ran $2.4M Ponzi Scheme

    A real estate investment firm has accused the former executive director of a Connecticut town's housing authority of operating a Ponzi scheme that caused a $2.4 million loan to "vanish," alleging he and an associate made fraudulent assurances about proposed bonds, account balances, property values and other financing.

  • September 15, 2026

    States Say DOJ Trans Care Crackdown Is Unconstitutional

    States suing the Trump administration have urged a Massachusetts federal judge to strike down directives calling for providers of gender-affirming care to be investigated and prosecuted by the U.S. Department of Justice, arguing the directives are arbitrary and capricious and violate the Tenth Amendment.

  • September 15, 2026

    OpenAI Wants To See Details Of SpaceXAI's Deal With Apple

    OpenAI filed an emergency motion Tuesday in Texas federal court seeking the details of a settlement SpaceXAI inked this week with Apple over claims that Apple's deal to integrate ChatGPT into the iPhone violated antitrust law, saying the terms of the deal may undermine the antitrust allegations SpaceXAI is still pursuing against OpenAI.

  • September 15, 2026

    4th Circ. Probes Party Standing Over FERC Grid Planning Rule

    The Fourth Circuit on Tuesday appeared inclined to uphold the Federal Energy Regulatory Commission's broad grid planning overhaul amid a raft of challenges from certain states, transmission providers and consumer advocates, with standing issues taking center stage.

  • September 15, 2026

    Fla. Judge Won't Pause Trump-IRS Settlement Sanctions

    The Florida federal judge who barred President Donald Trump and others from citing a settlement resolving what she characterized as a sham $10 billion case against his own Internal Revenue Service won't pause her sanctions order while the president appeals to the Eleventh Circuit.

  • September 15, 2026

    Walmart, Retail Groups Doubt Value Of $200B Swipe Fee Deal

    Major retail trade associations and Walmart are objecting to a $200 billion settlement over Visa and Mastercard swipe fees in New York federal court, saying the court should decertify the class or at least allow opt-outs so merchants can preserve "valuable claims that class counsel are trading away for nothing."

  • September 15, 2026

    AG Pushes Data Center Rates To Protect NC Customers

    The attorney general of North Carolina urged the state's Utilities Commission to create a new rate class for Duke Energy's data center customers, saying it would ensure they pay their fair share of energy use.

  • September 15, 2026

    DC Circ. Queries Feds On Immigrant Truck Driver Restrictions

    D.C. Circuit judges on Tuesday questioned whether the U.S. Department of Transportation reasonably justified the safety rationale for new restrictions on commercial driver's licenses for foreign truckers or whether it disproportionately relied on individuals' immigration status to promulgate an "exclusionary" rule.

  • September 15, 2026

    4th Circ. Unsure How To Weigh NC Ban On Ballot Selfies

    A Fourth Circuit judge on Tuesday said a voter and the North Carolina State Board of Elections are arguing a tale of two cases in a free speech fight over the Tar Heel state's ban on ballot selfies, saying neither side appears to be in agreement about what level of judicial review to use.

  • September 15, 2026

    FCC Seeks Input On Disputed Political Ad Rate Policy

    Federal Communications Commission staff on Tuesday sought comment on whether to set aside earlier guidance calling for the "lowest unit" rate for committee-backed political ads as the Fourth Circuit considers a Democratic bid to force the commission to review the policy.

  • September 15, 2026

    8th Circ. Revives Doctor's Suit Over COVID Speech Probes

    An Eighth Circuit panel on Tuesday revived a doctor's suit seeking an order limiting a Minnesota state medical board's ability to investigate him for his public statements related to the COVID-19 pandemic, finding a district court "set the bar too high" at the dismissal stage.

  • September 15, 2026

    Nadine Menendez Deadline Relief Bid Deemed Moot

    A New York federal judge on Tuesday denied as moot Nadine Menendez's request for 90 more days to file a potential challenge to her prison sentence after prosecutors said she misunderstood the deadline and still had plenty of time to seek relief.

  • September 15, 2026

    Feds Fight Ex-Fla. Rep's Bid For Time Served In FARA Case

    Federal prosecutors urged a Florida federal judge on Monday to reject ex-Florida Rep. David Rivera's request for a sentence of time served after he was found guilty of failing to register as a foreign agent after signing a $50 million contract with a unit of Venezuela's state-owned oil company.

  • September 15, 2026

    College Sports Overhaul Looms Closer After Senate Vote

    The U.S. Senate on Tuesday advanced a bill that would impose sweeping regulations on college sports, teeing up a lively legislative debate as the NCAA looks to ward off a wave of antitrust lawsuits.

  • September 15, 2026

    Justices Told DHS Voter Citizenship Database 'Unprecedented'

    The U.S. Supreme Court should reject the Trump administration's bid to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's election, a voting rights group told the court Tuesday, arguing that the administration unlawfully reinterpreted several statutes to claim that Congress authorized the changes.

  • September 15, 2026

    DC Judge Blocks 2nd Trump Naming Effort At Kennedy Center

    A D.C. federal judge rejected the Kennedy Center's latest effort to put President Donald Trump's name on the building's facade Tuesday, saying yet again that the performing arts center's board can't memorialize anyone but John F. Kennedy at the facility without Congress' say-so.

  • September 15, 2026

    Dems Block Crypto Bill Over Ethics Concerns

    The Senate on Tuesday failed to clear a procedural hurdle for the Clarity Act, which was primed to be the first comprehensive federal regulatory framework for digital asset markets, as Democrats said the ethics guardrails were not strong enough.

  • September 15, 2026

    NYC Asks 2nd Circ. To Greenlight Uber, Lyft Deactivation Law

    New York City has urged the Second Circuit to lift an injunction blocking a municipal ordinance prohibiting Uber and Lyft from "deactivating" drivers without formal notice and investigation, arguing that the lower court wrongly found that the companies would likely win their contract claims.

  • September 15, 2026

    Connecticut Wins Fight Over School Vaccine Exemptions

    Connecticut has won the dismissal of a challenge to its mandatory school vaccination laws, beating through both litigation and legislative amendments allegations by parents that the state's rollback of vaccine exemptions violated religious freedom statutes and the state and federal constitutions.

  • September 15, 2026

    Mich. AG Says PBMs Put Opioid Profits Before Patient Safety

    Michigan Attorney General Dana Nessel has asked a federal court not to dismiss the state's lawsuit accusing pharmacy benefit managers including Express Scripts and Optum of abetting the opioid epidemic, arguing the PBMs are not passive administrators, but profit-driven architects of the crisis.

Expert Analysis

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • House Truck Weight Bill Could Raise Stakes In Crash Suits

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    A bill pending in the U.S. House of Representatives could allow participating states to run six-axle trucks at 91,000 pounds instead of 80,000, likely resulting in more catastrophic injury claims with higher damages and further taxing an already strained insurance coverage system, says attorney Angel Reyes.

  • Trump Debarment Threat Calls For Targeted Defense Plan

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    President Donald Trump's recent Truth Social directive ordering federal suspension and debarment officials to investigate the National Academies of Sciences, Engineering and Medicine over climate science work could have existential consequences, highlighting the importance of winning the framing battle by building a clear timeline and record, say attorneys at Jenner & Block.

  • Fed Report Underscores Focus On Nonbank, CRE Risks

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    The Federal Reserve Board's latest supervision and regulation report highlights that broad systemic stability will not insulate individual institutions from rigorous supervisory challenges regarding concentrated commercial real estate portfolios and nonbank partnerships, says Daniel Meade at Hogan Lovells.

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