Public Policy

  • August 21, 2026

    Kalshi Wants Wash. Ban Axed After State 'Blessed' Competitor

    Kalshi has urged a Washington state court to reconsider a recent order blocking the company from offering event contracts to the state's residents in most of its prediction market categories, raising equitable findings concerns and pointing to Washington's recent "blessing" of event contracts offered by one of Kalshi's competitors.

  • August 21, 2026

    Divided 2nd Circ. Backs DQ Of Acting NDNY US Attorney

    The Second Circuit on Friday upheld a lower court's decision that found the acting U.S. attorney for the Northern District of New York, John Sarcone III, was unlawfully serving in his position when he obtained grand jury subpoenas of the New York attorney general's office.

  • August 21, 2026

    Mich. Homeowners Say Grid Overseer Exceeded Its Power

    A Michigan couple on Friday urged a federal judge to keep their lawsuit against state utility regulators alive, arguing a state-approved mandate should not give power companies a "blank check" to enter private property and cut down trees without an easement.

  • August 21, 2026

    Albertsons Twists Record In Opioid Trial Motion, Wash. Says

    Washington state is urging a Seattle judge to reject Albertsons' latest dismissal bid in a suit accusing the grocery giant of fueling the state's opioid epidemic, arguing the motion rehashes failed arguments and distorts evidence presented over the past five weeks in an ongoing bench trial.

  • August 21, 2026

    Verdict Bars Ex-Fla. Rep's 'Sham' Contract Claim, Oil Co. Says

    The U.S. affiliate of Venezuela's state oil company urged a New York federal court Friday to toss a former Florida congressman's counterclaim alleging he's still owed $30 million under a consulting contract, saying his conviction on charges of failing to register as a foreign agent shows the agreement was a "sham."

  • August 21, 2026

    Trump Seeks Justices' Review Of DEI Grant Termination Case

    The Trump administration is urging the U.S. Supreme Court to review a Ninth Circuit decision requiring the federal government to reinstate research grants that were terminated due to presidential orders against diversity, equity and inclusion initiatives.

  • August 21, 2026

    Uber, DoorDash Lose Most Of NYC Tip Prompt Suit

    A New York federal judge kept alive DoorDash and Uber's compelled-speech challenge to New York City laws requiring delivery platforms to display a tipping prompt at or before checkout that includes an option of at least 10%, but tossed their remaining five claims.

  • August 21, 2026

    Fed. Circ. Tosses Suit Over 'Misleading' Patent Language

    The Federal Circuit on Friday affirmed a lower court's dismissal of a lawsuit brought by inventor advocacy groups challenging what they called misleading language on patent covers, saying the groups had not shown a threat of future injury.

  • August 21, 2026

    DC Circ. Voids Block On OMB Funding Freeze

    The D.C. Circuit on Friday vacated a district judge's block on the Trump administration's pause on a wide array of federal grants, loans and financial assistance, ruling that the Office of Management and Budget's rescission of the memorandum rendered the lawsuit moot.

  • August 21, 2026

    NJ Medicaid Fee Law Barred By ERISA, Trade Groups Argue

    A coalition of restaurant, retail and hotel industry groups has urged a New Jersey federal court to strike down a state law requiring businesses to pay a fine when their employees are enrolled in the state Medicaid program, arguing the statute conflicts with federal benefits law.

  • August 21, 2026

    TikTok Inks $400M Deal With DOJ To End Kids' Privacy Suit

    TikTok has agreed to pay $400 million to resolve the U.S. Department of Justice's claims that the short-form video platform illegally collected personal information from kids under 13, marking one of the largest recoveries ever obtained under the federal Children's Online Privacy Protection Act, the feds said Friday.

  • August 21, 2026

    2nd Circ. Backs NY Water Permit For Pipeline Project

    The Second Circuit on Friday upheld New York's issuance of a Clean Water Act permit for a controversial Williams Cos. pipeline upgrade, saying state environmental regulators justified their about-face from previous permit denials over pollution concerns.

  • August 21, 2026

    Mass. Eyes More Time For 'Greenwash' Records Response

    Massachusetts environmental regulators asked a judge for another two weeks to search for potentially responsive records sought by a lawyer representing Exxon Mobil in the state's "greenwashing" lawsuit.

  • August 21, 2026

    Meta Tells DC Circ. To Reject FTC Appeal

    Meta Platforms Inc. urged the D.C. Circuit not to revive the Federal Trade Commission's monopolization lawsuit targeting its purchases of WhatsApp and Instagram, arguing Thursday that a D.C. federal judge correctly held that in the here and now, competition from TikTok and YouTube means it "has no monopoly."

  • August 21, 2026

    The Race Is On To Confirm Trump's Judges By Year-End

    President Donald Trump nominated 11 judges this past week, meaning 19 nominees are now in the pipeline. But how many can the Senate confirm before the end of the year, given that it will mostly be absent and consumed by the midterm election? 

  • August 21, 2026

    Illinois-Led States Win TRO To Block DOT Bid For CDL Data

    A Virginia federal judge temporarily blocked the Trump administration from obtaining a database containing information on 17 million commercial driver's license holders, ruling in favor of 21 states that allege it unlawfully demanded the records for immigration enforcement.

  • August 21, 2026

    Trump Admin Moves Toward Nixing ABA's Accreditor Status

    The Department of Education has made a preliminary finding that the American Bar Association is not in compliance with the department's regulations and standards as an accreditor of law schools, a move that comes as the ABA seeks to modify or repeal standards related to diversity, equity and inclusion in an attempt to preserve its accreditor status.

  • August 21, 2026

    Trump Says Pardon Atty Ed Martin Leaving For Midterms

    U.S. pardon attorney Ed Martin will be leaving the administration to work on the midterm elections, President Donald Trump announced on Friday.

  • August 21, 2026

    Roberts Allows Trump To Construct Ballroom For Now

    Chief Justice John Roberts ruled Friday that President Donald Trump could temporarily continue construction of a new White House ballroom until the U.S. Supreme Court decides whether lower courts had the authority to order that work stop on the project pending congressional approval.

  • August 21, 2026

    DNA Can Prove Your Innocence — If They Let You Test It

    Since the mid-1980s, DNA testing has exonerated hundreds of wrongfully convicted people and reshaped the criminal justice system. Rodney Reed's decadeslong unsuccessful effort to test the belt prosecutors say he used to kill a woman, however, shows how difficult access to post-conviction DNA testing can be, even for prisoners with credible innocence claims.

  • August 21, 2026

    Ex-Mass. Cannabis Chair Says Ouster Was Retaliation

    Massachusetts' former top cannabis regulator says efforts to remove her from the role were retaliation by the state treasurer and other officials for flagging alleged conflicts of interest, regulatory violations and fraud.

  • August 21, 2026

    8th Circ. Won't Revisit Cannabis User's Gun Conviction

    The Eighth Circuit on Thursday declined to revisit its decision to preserve a man's conviction for possessing a firearm while being a user of cannabis.

  • August 21, 2026

    Groups Say HHS Left Migrant Children Without Legal Help

    Former legal services providers for unaccompanied migrant children have told a California federal judge that the Trump administration could be violating an injunction requiring the government to maintain legal representation for the minors, alleging that thousands are now unrepresented after the providers' contract expired last month.

  • August 21, 2026

    US Urges High Court To Reject Tribe's $208M Water Claim

    The United States is asking the U.S. Supreme Court to reject a Nevada tribe's petition that looks to revive a $208 million breach of trust claim, saying the tribe hasn't identified a source of substantive law that the federal government violated by allegedly failing to prevent water diversion from its reservation.

  • August 21, 2026

    ICE Contractor Wins Partial Block Of Colo. Inspection Law

    A Colorado federal judge temporarily blocked part of a new state law imposing additional inspections and penalties on The GEO Group Inc.'s immigration detention facility in Aurora, finding the provisions likely unlawfully discriminate against the company as a federal contractor.

Expert Analysis

  • 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.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • Constructing AI Compliance Plans As State Laws Diverge

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    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

  • How McDonnell Still Shapes Bribery Defense Strategy

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    The pending federal bribery allegations against Washington, D.C., Council member Trayon White Sr. highlight for defense counsel the importance of overcoming the “official act” requirement established by the U.S. Supreme Court’s ruling in McDonnell v. U.S., and juries' critical role in distinguishing between official and unofficial acts, say attorneys at ArentFox Schiff.

  • Assessing Issues The CFTC's Sports Betting Rules May Face

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    The U.S. Commodity Futures Trading Commission recently proposed a rule to consolidate its control of sports bets made on prediction market trading platforms, but problems may arise from possible conflicts between the proposed changes and state laws — and maybe even the Commodity Exchange Act itself, says David Slovick at Kopecky Schumacher.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

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    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Examining 3 Notable DOL Moves In The First Half Of 2026

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    With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

  • Weighing The Implications Of The Anthropic Export Directive

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    The Trump administration recently issued an export control directive against Anthropic to suspend all access to Fable 5 and Mythos 5 by any foreign national, representing one of the first uses of the regime against a frontier large language model in widespread commercial distribution, says attorney Sohan Dasgupta.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk

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    Recent amendments to Oklahoma's Production Revenue Standards Act — the most comprehensive in decades — raise the stakes for true noncompliance with the state's oil and gas royalty payment framework, while offering operators clearer rules, defined interest boundaries and predictable exits from prolonged suspense situations, say attorneys at GableGotwals.

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