Public Policy

  • September 22, 2026

    CFTC Warns Prediction Platforms Of 'Mention Market' Risks

    The U.S. Commodity Futures Trading Commission on Tuesday warned prediction market operators that offering wagers on whether a person will say certain words, interact with someone or attend an event comes with heightened manipulation risks that platforms must address before listing.

  • September 22, 2026

    SEC E-Delivery Plan Draws Access Concerns, Enviro Praise

    State regulators, labor unions and at least one member of Congress are among those urging the U.S. Securities and Exchange Commission to rethink a proposal that would allow issuers and market intermediaries to default to electronic delivery of investor documents, while Wall Street groups and environmental advocates praised the measure.

  • September 22, 2026

    FDA Must Revisit MiMedx Wound Care Powder Classification

    A Georgia federal judge vacated the Food and Drug Administration's classification of biomedical company MiMedx's wound care treatment as a biological product, which carries heightened regulatory requirements, finding the agency's determination was arbitrary because it had classified similar products as devices.

  • September 22, 2026

    Colo. Hospital Seeks To Toss Meta Pixel Patient Data Suit

    A Colorado hospital system has asked a federal court to toss a proposed class action accusing it of illegally sharing patients' browsing data with Meta through a website tracking tool, arguing the patient who sued failed to show he was harmed and that the conduct does not violate federal wiretapping law.

  • September 22, 2026

    Wash. Appeals Court Revives Colo. Tax Payment Dispute

    Whether intercompany payments count as profit, royalties or taxable management fees is a disputed question of fact, a Washington state appellate panel said Tuesday, ordering back to a trial court a dispute over whether a Colorado company and its affiliates owe Washington's business and occupation tax.

  • September 22, 2026

    Pa. Gov., Legislators Must Face Public-Defense Funding Suit

    A divided Pennsylvania appeals court has allowed a petition filed against the commonwealth's top political leaders to proceed, granting a path forward for the claims that chronic underfunding of public defender offices has led to indigent criminal defendants receiving ineffective legal assistance.

  • September 22, 2026

    Trump Admin Sued Over $289M In Soon-To-Lapse CDFI Funds

    A business advocacy group has sued the Trump administration, seeking to force it to distribute over $289 million in congressionally appropriated funds meant to support community development financial institutions before the funds lapse at the end of the month.

  • September 22, 2026

    Trump Admin Asks Justices To Curb Noncitizen Habeas Relief

    The Trump administration implored the U.S. Supreme Court to cure a circuit split over noncitizens filing habeas petitions to challenge their detention during pending removal proceedings, warning of "intolerable disuniformity" in how the Immigration and Nationality Act is administered.

  • September 22, 2026

    DC Circ. Nixes Congressional Veto Over Capitol Protests

    A D.C. Circuit panel on Tuesday deemed regulations barring demonstrations on the U.S. Capitol building's Eastern steps without a congressional sponsor unconstitutional, holding that the government cannot "pick and choose" who gets to use the space for protected speech.

  • September 22, 2026

    RI Judge Vacates Feds' Noncitizen Benefit Restrictions

    New York and other states applauded a Rhode Island federal judge's finding that the Trump administration flouted rulemaking requirements when it reinterpreted a 30-year-old welfare reform bill to try to subject a slew of federally funded benefit programs to immigration status verification requirements.

  • September 22, 2026

    DOJ Says Fired NCUA Members Aren't Like Fed Officials

    The U.S. Department of Justice is urging the D.C. Circuit to reverse a district court order reinstating ousted National Credit Union Administration board members, arguing Congress didn't impose presidential removal restrictions on the NCUA and that the agency isn't analogous to the Federal Reserve.

  • September 22, 2026

    Telecom Looks To Retire Legacy Phone Lines In NH, Maine

    A regional telecom provider has asked the Federal Communications Commission to approve a technology transition that would let the company switch out legacy systems for internet protocol networks in Maine and New Hampshire.

  • September 22, 2026

    Ga. Leaders Push For Nonpartisan Probate Elections

    Current and former Georgia officials on Tuesday threw their support behind a proposed constitutional amendment that would require probate judges to be elected in nonpartisan elections across the state, saying judges should be assessed on skill instead of politics.

  • September 22, 2026

    Del. High Court Upholds Permanent Absentee Voting Law

    The Delaware Supreme Court has preserved the state's permanent absentee voting law, rejecting two state Senate candidates' argument that the system violates the Delaware Constitution by allowing voters to automatically receive absentee ballots in future elections without reestablishing their eligibility each time.

  • September 22, 2026

    Ex-Charlotte Councilwoman Gets 10 Months For COVID Fraud

    A former city council member in Charlotte, North Carolina, was sentenced Tuesday to 10 months in federal prison on one count of wire fraud conspiracy after prosecutors said she submitted sham applications for COVID-19 relief funds with her two daughters.

  • September 22, 2026

    Guatemalan Children's Removal Rights Suit Stays Alive

    A D.C. federal judge on Monday left intact most claims challenging attempts by immigration officials to deport unaccompanied Guatemalan children in federal custody, noting the "hasty attempt" by the government to remove the children without due process or counsel.

  • September 22, 2026

    Blue States Expand Fight Over Trump Offshore Wind Buyouts

    Democratic-led states on Tuesday stepped up their fight against the Trump administration's buyouts of U.S. offshore wind leases, filing a trio of lawsuits that seek to undo payments to developers for abandoning projects on both the Atlantic and Pacific coasts.

  • September 22, 2026

    Commerce On The Lookout For Polysilicon Stockpiling

    The U.S. Department of Commerce is looking to prevent the stockpiling of imported polysilicon and derivative products ahead of tariffs and price floors that will come into effect in December, it said in new rules Tuesday.

  • September 22, 2026

    Law Firm Says Illinois Tollway Owes Limo-Crash Defense Fees

    The Illinois State Toll Highway Authority is being sued in Illinois state court by a Chicago law firm claiming the agency has failed to pay attorney fees for its defense in litigation over a catastrophic 2016 limousine crash.

  • September 22, 2026

    Oil Cos. Escape Mich. Climate Change Antitrust Suit

    A federal judge on Tuesday nixed a lawsuit from Michigan accusing global oil and gas giants of conspiring for decades to delay the transition from fossil fuels to renewable energy, ruling the allegations do not amount to valid antitrust claims.

  • September 22, 2026

    Commerce Sets Zero-Tariff Rules For Specialty Drugs

    Nuclear medicine and animal healthcare drugs are some of the products that will qualify for a zero rate when tariffs on imported pharmaceuticals take effect at the end of the month, according to a notice issued by the U.S. Department of Commerce's Bureau of Industry and Security.

  • September 22, 2026

    DC Judge Tosses Okla. Tribes' Gaming Compact Challenge

    A D.C. district court judge has handed the federal government a summary judgment win in a challenge by four tribes in a long-running dispute over gaming compacts, finding that the Indigenous nations failed to show they have standing.

  • September 22, 2026

    HVAC Contractor Accused Of $8M 'Mass Save' Rebate Fraud

    A group of utility companies that participate in a Massachusetts energy-efficiency incentive program have alleged in state court that an HVAC contractor defrauded the program out of around $8 million through various schemes, including claiming rebates for heat pumps that were never installed.

  • September 22, 2026

    Dispensary's Tax Deduction Properly Nixed, IRS Tells 9th Circ.

    The U.S. Tax Court correctly ruled that a San Francisco marijuana dispensary's expenses found to be tied to trafficking in controlled substances aren't deductible, the IRS told the Ninth Circuit, saying such a deduction shouldn't be allowed in determining an amount to settle the business's $3 million tax debt.

  • September 22, 2026

    Gun Industry Says Conn. Pistol Ban Violates 2nd Amendment

    A firearm industry trade association, a gunmaker and a retailer have pushed back on a Connecticut state law banning pistols that can be converted into fully automatic weapons, launching a federal lawsuit that largely mirrors a challenge Glock brought the same day.

Expert Analysis

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q2

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    The last three months were particularly consequential for Illinois banking law, with a federal court ruling reshaping the Interchange Fee Prohibition Act, the state filling enforcement gaps, significant legislative activity and a revision to the community bank leverage ratio, say attorneys at Riley Safer.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Md. Ruling Reflects Classic Administrative Law Principle

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    A Maryland federal court's recent decision in Columbus v. Kennedy significantly limits how far the Centers for Medicare & Medicaid Services can go in reshaping the Affordable Care Act through regulation, highlighting a principle that will likely be applied in similar Administrative Procedure Act challenges, says Michael King at Brownstein Hyatt.

  • DOJ China Container Indictments Signal Global Cartel Risk

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    The U.S. Department of Justice's recent announcement that it had indicted Chinese manufacturers for conspiring to drive up the price of shipping containers sold in the U.S. illustrates the Antitrust Division's interest in pursuing overseas cartel conduct, especially in China, signaling that multinational companies with employees abroad should strengthen antitrust compliance to avoid running afoul of U.S. national security policy, say attorneys at Squire Patton.

  • More Cos. Will Copy SpaceX's Shareholder Proposal Opt-Out

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    For more than 80 years, the shareholder proposal looked like a federal right guaranteed to all public company investors, but after SpaceX opted out before its recent initial public offering, other companies are likely to follow, says Mohsen Manesh at the University of Oregon School of Law.

  • How DOJ Is Approaching Monitorship After Signaling Limits

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    As the U.S. Department of Justice keeps more monitors in place than expected, a look at the matters in which prosecutors are maintaining oversight reveals the sort of companies enforcers might trust to self-remediate, and also those that may receive independent supervision, say attorneys at Kendall Brill.

  • Opinion

    DHS' World Cup Influencer Warning Overreads Visa Law

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    The U.S. Department of Homeland Security’s reported position that foreign influencers covering the 2026 World Cup need work visas if their content is monetized runs contrary to both legislative intent and long-standing precedent that structure the visa inquiry around labor market substitution, says Jun Li at Reid & Wise.

  • 3 Steps For Banks As Section 1071 Rule Finally Becomes Final

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    Some community banks and other lenders will get some breathing room in the final Section 1071 rule exempting them from small business lending reporting duties, but other reporting institutions should update applications, systems and staff training ahead of the 2028 compliance date, says Memrie Fortenberry at Jones Walker.

  • Why DOE Isn't Phasing Out Appliance Efficiency Regs

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    While the U.S. Department of Energy recently acted on President Donald Trump's 2025 executive order requiring it to consider sunsetting many energy regulations, the DOE has not proposed phasing out efficiency standards for appliances and industrial equipment — but it could pursue other approaches to ease such requirements, say attorneys at HWG.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Takeaways From 1st Del. Ruling Applying Moelis Amendments

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    Delaware corporations should carefully review contractual arrangements and governance documents following the Court of Chancery's recent enforcement of a non-Delaware forum selection clause in a CEO's employment agreement under 2024 amendments to the state's General Corporation Law, say attorneys at Morgan Lewis.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

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