Public Policy

  • July 27, 2026

    DHS Used Personal Data To Get Back At Protesters, Suit Says

    U.S. Immigration and Customs Enforcement and the Department of Homeland Security have been collecting personal data on people legally documenting immigration enforcement activities and using it to retaliate against them in violation of federal privacy and First Amendment protection laws, according to a suit filed in California federal court.

  • July 27, 2026

    Railroads, Feds Spar Over Train Crew Size Rule In 11th Circ.

    Railroads have told the Eleventh Circuit that the Federal Railroad Administration failed to properly justify its 2024 two-person train crew rule, saying the agency flip-flopped from its previous determination that such a rule was unnecessary.

  • July 27, 2026

    Trade Court Takes Issue With Qatar Melamine Duty Calculation

    The U.S. Department of Commerce must reconsider its calculation of a nearly 42% countervailing duty rate for a Qatari producer of melamine, the U.S. Court of International Trade ruled Monday, citing issues with the valuation of certain utility and land rights subsidies.

  • July 27, 2026

    Nicotine Pouch Maker, FDA Strike Deal To End Suit

    The maker of Zone nicotine pouches reached a deal to end its lawsuit accusing the U.S. Food and Drug Administration of unfairly holding up its market application, which the company said could force it to stop selling its products for years.

  • July 27, 2026

    NC Contractor Pushes For Employee Retention Credit Refund

    A mechanical contractor is entitled to a $600,000 tax refund for claimed employee retention tax credits, it told a North Carolina federal court, saying the credits may not have been paid because the White House's Department of Government Efficiency gutted the IRS.

  • July 27, 2026

    Tribes, Groups Say Historic Council's Plan Imperils Sacred Sites

    Indigenous, environmental and preservation groups say a decision by the Advisory Council on Historic Preservation to advance a proposed rulemaking notice for revisions to Section 106 of the National Historic Preservation Act will weaken tribal nations' roles in ensuring that their sacred burial sites and ancestral lands are protected.

  • July 27, 2026

    Mich. Justices Reject Federal Double Jeopardy Rule

    The Michigan Supreme Court has significantly expanded the state's constitutional protection against double jeopardy, finding prosecutors can be barred from retrying a criminal defendant following a mistrial, even if they did not specifically intend to provoke the defense into requesting one. 

  • July 27, 2026

    DOJ Says Demand For Colo. Voter Data Must Avoid Dismissal

    The U.S. Department of Justice asked a Colorado federal judge to ignore a motion to dismiss from a nonprofit intervenor in its lawsuit against state Secretary of State Jena Griswold seeking to force her to turn over state voter registration data, according to a brief filed by the government Friday.

  • July 27, 2026

    Hawaiian Telecom, Electric Co. Resolve Pole Removal Dustup

    A telecom has agreed to end its dispute with Hawaiian Electric Co. after urging the Federal Communications Commission to block the utility's removal of 22 electric poles that are also used for communications gear.

  • July 27, 2026

    Wash., Hayden Homes Reach $1.6M Deal To End Fee Claims

    Hayden Homes LLC and affordable housing-focused nonprofit lender First Story agreed to pay more than $1.6 million to settle Washington state's claims that they charged home sellers illegal private transfer fees, the state's attorney general announced Monday.

  • July 27, 2026

    Judge Stays ICE Oversight Visit Case Pending Appeal

    A D.C. federal judge on Monday stayed a lawsuit brought by House Democrats challenging a U.S. Immigration and Customs Enforcement policy limiting their oversight access to immigration facilities while the Trump administration appeals an injunction limiting the visit restrictions.

  • July 27, 2026

    Fertilizer Biz Asks Justices To Reverse Idaho Tribal Land Swap

    An Idaho agribusiness is asking the U.S. Supreme Court to undo a Ninth Circuit decision that invalidated a U.S. Department of the Interior land transfer over tribal concerns of contamination from a planned fertilizer plant expansion, arguing the ruling undermines the country's food security, thousands of jobs and millions in economic activity.

  • July 27, 2026

    New DHS Rule Will Speed Some Asylum Cases To Court

    The U.S. Department of Homeland Security unveiled a new regulation Monday allowing asylum officers to skip interviews if they determine someone is barred from, ineligible for or does not merit asylum and send those cases straight to immigration court.

  • July 27, 2026

    Carriers Back Changes To Broadband Map Data Gathering

    An association of competitive communications providers backed the Federal Communications Commission's recent action to eliminate regulations the agency has characterized as unduly burdensome, in addition to improving data collection and the national broadband deployment map.

  • July 27, 2026

    AbbVie Seeks Block On Alkem Generic Constipation Drug

    AbbVie Inc. and collaborator Ironwood Pharmaceuticals urged a New Jersey federal court to bar India-based generic-drug maker Alkem Laboratories from selling generic versions of their branded constipation drug while associated patents are active, arguing Alkem would violate patent law by doing so.

  • July 27, 2026

    Deal Reached In Comedian Eric André's Racial Profiling Suit

    Actor Eric André and another comedian who said their constitutional rights were violated when they were racially profiled at an Atlanta airport have reached a tentative deal with a Georgia county to settle their lawsuit about a year after the Eleventh Circuit agreed to revive the case. 

  • July 27, 2026

    Insurance Services Co. Can Fix Worker Tax Credit Refund Bid

    A U.S. Court of Federal Claims judge allowed a California-based health and life insurance services company to amend its complaint to address questions about whether it qualified as an eligible employer to claim a $50,000 employee retention tax credit refund.

  • July 27, 2026

    DLA Piper Launches Congressional Investigations Group

    DLA Piper has launched a congressional investigations practice in Washington, D.C., with a former U.S. House oversight committee attorney for Republicans and a Biden-Harris White House adviser as its leaders, the firm announced Monday.

  • July 27, 2026

    Live Nation, DOJ Say States Have Enough Discovery Into Deal

    The U.S. Department of Justice has joined with Live Nation to resist a discovery request by a bipartisan group of state attorneys general seeking more information about a settlement the federal government reached with the company in the middle of an antitrust trial.

  • July 27, 2026

    NTIA Pushes For Gov't, Industry Move Toward 6G Mobile

    The federal government's spectrum manager hopes to see the advent of sixth-generation mobile services on a fast track as long as global partners are ready to get on board.

  • July 27, 2026

    Groups Say National Pipeline Permit Harms Rivers, Wetlands

    Environmental organizations asked a Washington federal judge Monday to overturn a nationwide permit the U.S. Army Corps of Engineers reissued for oil and gas pipelines, accusing the agency of allowing companies to fast-track stream crossings without the appropriate considerations or safeguards.

  • July 27, 2026

    Trade Group Can't Challenge Calif. PBM Law

    A healthcare industry group representing pharmacy benefit managers lost its initial bid to challenge a California state law restricting their business practices, after a federal judge determined its complaint didn't go far enough to prove standing for the group representing PBMs, which intermediate between drugmakers, pharmacies and insurers.

  • July 27, 2026

    10th Circ. Upholds Colo.'s $3-A-Day Rental Car Fee

    The Tenth Circuit upheld Colorado's up-to-$3-a-day congestion impact fee on short-term vehicle rentals Monday, ruling that the charge falls on consumers rather than airport rental car companies.

  • July 27, 2026

    Hemp Co. Says DEA Defied Farm Bill By Banning HHC

    A North Carolina hemp company challenging the legality of a recent U.S. Drug Enforcement Administration rule designating a psychoactive hemp-derived compound as a Schedule I substance has told the Fourth Circuit that the agency defied Congress when it issued the rule.

  • July 27, 2026

    Bus Co. Settles Bid-Rigging Claims For $2.4M

    A national student transportation company will pay $2.4 million to settle allegations that two Massachusetts subsidiaries colluded with another bus company to allocate contracts in three Greater Boston communities, the state attorney general's office announced Monday.

Expert Analysis

  • Texas Rule Change Could Speed Trucking Case Dismissals

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    The Texas Supreme Court's recent comprehensive amendments to Rule 166a, governing summary judgment procedure and standards in Texas state courts, will fundamentally reshape dispositive motion practice, permitting defendants in trucking cases to weaponize the rule against unwitting plaintiffs, and requiring more aggressive early discovery efforts, say attorneys at Hamilton Wingo.

  • Opinion

    Current Consumer Protection Laws Can Fit Agentic Commerce

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    While agentic commerce — artificial intelligence that searches, compares and makes purchases for customers — doesn't warrant a new consumer protection regime, it will require companies to design compliance into their products from the outset and challenge regulators to consistently apply existing laws, says Katherine Adkins at Affirm.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • California Antitrust Bill Raises New Risks For Dealmakers

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    A pending California bill would turn the state attorney general's office into a more powerful antitrust enforcer, introducing a host of implications for dealmakers beyond whether deals close, such as deal certainty and risk allocation, say attorneys at Baker Botts.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • What Fed's Fast Track To Account Access Means For Fintechs

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    Fintechs, stablecoin issuers and other nonbank entities should assess eligibility, compliance demands and operational limits ahead of the Federal Reserve's potential finalization of a payment account framework proposing a faster path to direct access to key payment rails, says Stephen Aschettino at Fox Rothschild.

  • FTC Focus: Calibrating Biden-Era Issues In 2026's 1st Half

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    In the first half of 2026, Federal Trade Commission actions have redefined which of the previous administration's theories it views as legally sustainable, institutionally worthwhile and consistent with a more restrained conception, including a pivot from rulemaking to case-specific noncompete enforcement this spring, say attorneys at Proskauer.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Why Ultra-Processed Foods May Be The Next Big Mass Tort

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    With multiple federal lawsuits filed already this year over the alleged harms caused by ultra-processed foods, and policymakers targeting UPFs for increasingly strict regulation, the sector exhibits the same structural characteristics identified historically in major mass torts, say Ruth Levy at Womble Bond and Elizabeth Epes at Financial Asset Recovery Analytics.

  • Class Actions Have Entered The Fight Over Prediction Markets

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    While disputes brought by states over the regulation of prediction markets have claimed most of the headlines, class actions brought by ordinary citizens, particularly in Kentucky and Massachusetts, represent another avenue to challenge the legality of the prediction markets themselves, says Laura Chiu at DarrowEverett.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • HHS Enforcement Restructuring Signals Compliance Risks

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    The U.S. Department of Health and Human Services' recent restructuring of its Office for Civil Rights suggests that, while Health Insurance Portability and Accountability Act enforcement remains central, its priorities have expanded to encompass civil rights, conscience and religious freedom, and data and cybersecurity issues, say attorneys at King & Spalding.

  • Trump's AI Order Is Strategic, Not Merely Deregulatory

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    Although the framework presented in President Donald Trump’s recent executive order on artificial intelligence is styled as voluntary and innovation-friendly, it creates a new soft-power mechanism for bringing the most capable AI systems into closer alignment with federal security priorities, says Jesse Lemon at The Beckage Firm.

  • Using NY Lawsuit Loan Law, Ruling Against Shady Injury Suits

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    The combination of a New York state appellate ruling that exposes litigation lenders in potentially fraudulent personal injury cases to discovery and a new law limiting predatory loans to plaintiffs provides defense counsel a powerful new toolkit for confronting suspicious claims, say attorneys at Stradley Ronon.

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