Public Policy

  • October 13, 2026

    GOP Texts Not Intrusive Enough For Privacy Suit

    A Pennsylvania federal judge has permanently tossed a man's proposed class action accusing the National Republican Congressional Committee of spamming him with texts asking for donations, saying he could have taken several FCC-approved steps to stop them himself.

  • October 13, 2026

    Drug Tests Don't Trigger Weingarten Rights, NLRB Attys Say

    Workers don't have the right to consult a union representative before taking an employer-mandated drug test, National Labor Relations Board prosecutors said, asking the board to rule that the so-called Weingarten right isn't available in the context of drug and alcohol testing.

  • October 13, 2026

    ICE Hit With Class Action Over Detainees' Seized Property

    Former ICE detainees are accusing the agency in a new class action of routinely keeping passports, work permits, driver's licenses and other belongings seized in detentions long after their owners have been released, alleging that the "de facto policy" has cost jobs, housing and the ability to move freely.

  • October 13, 2026

    Laid-Off Workers Can't Sue Amid Board Appeal, Feds Say

    The federal government asked a Maryland federal court to throw out a suit brought by more than 300 former federal workers who say their agency layoffs were politically motivated, arguing the workers must pursue their claims through an administrative process before heading to court.

  • October 13, 2026

    High Court Won't Review Student's Suit Over Phone Search

    The U.S. Supreme Court on Tuesday denied certiorari to a teenager who alleges his constitutional rights were violated when his school principal searched his phone on suspicion that he had nude photos of another student.

  • October 13, 2026

    Pa. High Court Snapshot: Jail Bargaining, Energy Land Tiffs

    The Pennsylvania Supreme Court will consider whether a referendum banning solitary confinement at the Allegheny County Jail had to be bargained with the jail's union when the court sits in Pittsburgh starting Wednesday.

  • October 13, 2026

    High Court To Consider DOGE FOIA Dispute

    The U.S. Supreme Court announced Tuesday it will review the D.C. Circuit's decision to greenlight limited discovery aimed at determining whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act.

  • October 13, 2026

    Justices Won't Eye 'Weaponized' Sanctions Of Election Attys

    Despite outrage among Ninth Circuit conservatives, the U.S. Supreme Court declined Tuesday to scrutinize six-figure sanctions of lawyers who challenged Arizona election protocols, leaving intact discipline designed to "send a message."

  • October 13, 2026

    High Court Won't Hear NYC Loft-Conversion Petition

    The U.S. Supreme Court on Tuesday declined to review a decision from New York's highest court determining that New York City fees for converting artist lofts into residential units are legally enforceable.

  • October 13, 2026

    Justices Won't Review Ohio's Out-Of-State Wine Sales Law

    The U.S. Supreme Court refused on Tuesday to review a Sixth Circuit ruling that found Ohio's law banning the shipment of wine to consumers in the state by out-of-state retailers is unconstitutional.

  • October 12, 2026

    Trump Blocked From Airing More Taxpayer-Funded TV Ads

    A federal judge in Manhattan ordered the Trump administration Monday to stop airing taxpayer-funded television ads in the run-up to the November midterm elections, finding a $20 million pro-Donald Trump ad buy was bankrolled by money improperly taken from the government.

  • October 09, 2026

    Conn. Says CFTC Rehashing Failed Sports Contract Position

    Connecticut has criticized the Commodity Futures Trading Commission's bid in Connecticut federal court to block the state from regulating prediction market platforms' sports-related offerings, noting the same presiding judge already denied Kalshi's motion seeking such relief.

  • October 09, 2026

    Anthropic Says Claude Gave False Murder Tip To Philly Cops

    Anthropic on Friday disclosed a series of incidents in which its Claude artificial intelligence tool went rogue, particularly in interactions with federal and local government websites, including an incident in which it submitted a false tip about an unsolved homicide to the Philadelphia Police Department.

  • October 09, 2026

    CFTC Proposes Rules To Codify Prediction Market Authority

    The U.S. Commodity Futures Trading Commission on Friday took steps to codify its authority over sports, politics and culture event contracts, in a move to affirm the agency's view that prediction markets are under its "exclusive jurisdiction" and beyond the reach of states.

  • October 09, 2026

    Trump Admin Aims To 'Rein In' ICC With New Sanctions

    The Trump administration Friday imposed new sanctions on the International Criminal Court, which swiftly condemned the move as "an assault on the rule of law and on the very foundations of the international legal order."

  • October 09, 2026

    Warren Presses Fed For Details Of Early SVB Report Access

    The U.S. Senate Banking Committee's top Democrat is calling on Federal Reserve officials for answers after some outside experts were given an early look at a recent independent report on Silicon Valley Bank's collapse, questioning who authorized the access and how recipients were chosen.

  • October 09, 2026

    5th Circ. Judges Clash Over Trans Restroom Photo Case

    A split Fifth Circuit on Friday declined to rehear a preliminary injunction bid in a case challenging the constitutionality of enforcing a Texas privacy law against a plaintiff who tweeted a photo of a trans woman in a bathroom, spurring three judges to author contentious concurring and dissenting opinions.

  • October 09, 2026

    9th Circ. Sides With Forest Service In Idaho Project Suit

    The Ninth Circuit on Friday reversed a lower court's finding that the U.S. Forest Service ran afoul of the National Forest Management Act when it approved an Idaho project, ruling the court erred when analyzing the project's compliance with limits on road construction in areas in and around bear habitat.

  • October 09, 2026

    Trump Admin Finalizes Rule To Fast-Track Immigration Fines

    The U.S. Department of Homeland Security is moving forward with a final rule that looks to make it easier to impose civil monetary penalties on noncitizens who enter the country without authorization or fail to voluntarily depart, according to a notice issued Friday.

  • October 09, 2026

    FBI Portal Hack Sharpens Focus On Cyber Regulation Path

    The recent hack of the FBI's jobs portal underscores mounting cyberthreats to government agencies and critical infrastructure, fueling the debate over whether internal fixes or formal regulation can best address the growing cyber risks powered by artificial intelligence.

  • October 09, 2026

    DOJ Seeks To Pause Order Blocking Demand For Driver Data

    The Justice Department is asking a Virginia federal judge to pause his injunction barring the Trump administration from obtaining millions of commercial driver's license records from a nationwide database while it appeals the ruling, claiming that the district court likely lacked jurisdiction to hear the lawsuit in the first place.

  • October 09, 2026

    Payday Lender Says Baltimore Oversteps Its Power With Suit

    Dave Inc. has pushed back on a lawsuit brought by the city of Baltimore, saying the municipality has exceeded its powers by using a local ordinance to accuse the payday lender of charging excessive interest rates on its products.

  • October 09, 2026

    Feds Chided For Pace Of Deported Nigerian Man's Return

    A California federal judge on Friday expressed frustration with the government for having "slow-walked" the return of a Nigerian citizen it deported to Ghana and who had to hide in Togo after refusing to board a bus bound for Nigeria, where an immigration court determined he couldn't be deported.

  • October 09, 2026

    Species Protections May Differ By State Under Senate Bill

    A new U.S. Senate bill proposing to change federal agencies' consultation process for energy and infrastructure projects could lead to inconsistent wildlife protections in different states and includes some provisions that may ultimately be counterproductive to speeding up development.

  • October 09, 2026

    Cities Ask Justices To Undo Texas-DOJ Immigration Rule Deal

    Democracy Forward Foundation and several cities asked the U.S. Supreme Court on Friday to stay a district court's approval of a deal Texas and the Trump administration struck to vacate a Biden-era rule allowing immigration courts to temporarily close cases.

Expert Analysis

  • What Cos. Must Know As Fast Energy Permitting Gains Steam

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    A recently approved geothermal project in Nevada may be the first authorized by the U.S. Bureau of Land Management under a new 14-day expedited environmental review process — but project developers may find that a more thorough environmental analysis will provide better protection against litigation challenges, says Jill Yung at Allen Matkins.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • How Data Center Projects Can Navigate Wyo. Siting Process

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    As opposition to data center development grows nationwide, the way that Wyoming is handling the issue through its industrial siting process offers a counterintuitive lesson: More process, not less, can provide both meaningful scrutiny and a clear path forward for projects, says Jeffrey Pope at Holland & Hart.

  • Tips From Apex Ruling On Handling Workers' Public Criticism

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    A National Labor Relations Board judge’s recent finding that Apex Fintech Services illegally reined in an employee’s public criticism on LinkedIn should caution employers that overbroad policies and reflexive responses may not only fail to defend the company’s reputation, but compound risks of federal labor charges, say attorneys at Krevolin Horst.

  • 4 Paths To AI Safety Coordination Amid Antitrust Debate

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    Frontier artificial intelligence companies have more room for collective safety work than the debate over an antitrust waiver suggests, with several existing avenues providing different degrees of protection and oversight, says Evan Miller at V&E.

  • How Cannabis Rescheduling Is Reshaping Bankruptcy

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    As broader cannabis rescheduling awaits a recommended decision, cannabis companies continue to test the boundaries of the Bankruptcy Code, with the recent Cannabist Chapter 15 recognition order suggesting that governmental resistance may be reduced in future filings, say attorneys at Thompson Coburn.

  • How Calif. Privacy Bill Could Change CIPA Tracking Cases

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    If California Gov. Gavin Newsom signs S.B. 690, the bill could materially reduce the leverage behind a pen-register-only claim or demand, so California Invasion of Privacy Act website tracking claims should not be evaluated the same way they were six months ago, says Alexandra Samofalova at Spencer Fane.

  • Risk Considerations As EEOC Moves To Ax Data Reports

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    While the U.S. Equal Employment Opportunity Commission's recent proposal to rescind requirements for workforce demographic reporting wouldn't bar employers from collecting data, companies would have to be especially careful to gather and use such information in legally defensible ways, say attorneys at Foley & Lardner.

  • For Faster FDIC Review, Banks Must Front-Load Prep

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    Banks seeking to benefit from the efficiency promised by the Federal Deposit Insurance Corp.’s new two-phase review of deposit insurance applications must prioritize filing comprehensive submissions or risk the fate of applicants recently rejected by the Comptroller of the Currency, say attorneys at Skadden.

  • A Look At Loper Bright's Uneven Effect On Immigration Law

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    Recently decided cases in the Second and Fourth Circuits show the disparate effects independent judicial review has had on long-standing immigration precedents since the U.S. Supreme Court's 2024 ruling that ended Chevron deference, says Danny Alicea at the Legal Aid Society.

  • Opinion

    New CMS Medical Device Pathway May Have Limited Effect

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    The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • Time Is On Payment Processors' Side As Deal Dynamics Shift

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    As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

  • A Road Map To Modernizing Clinical Lab Regulations

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    The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

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