Public Policy

  • August 19, 2026

    DOJ Touts 'Targeted' Probes In Sales Software Merger OK

    The U.S. Department of Justice said Wednesday it had closed an in-depth review into a sales tracking software merger, mollified by the likelihood of artificial intelligence-enabled competition, in an announcement touting the use of "targeted" scrutiny to end the probe quickly.

  • August 19, 2026

    EPA Waiver Review Could Upend Rulemaking, Judge Signals

    A D.C. federal judge predicted Wednesday that there could be wide-ranging implications for oversight of agency rulemaking if the U.S. Environmental Protection Agency is allowed to put California emissions waivers up for congressional review more than a decade after they were first granted.

  • August 19, 2026

    Caesars Looks To Dodge Tribe's Suit Over NY Mobile Betting

    Caesars Sportsbook is asking a district court to dismiss the Cayuga Nation's claims that its entity is illegally offering mobile sports betting on tribal lands, saying the New York Indigenous nation is looking to create a remedy that Congress chose not to provide.

  • August 19, 2026

    Ex-US Attys Protest Trump's Swift Firing Of Rogoff In Seattle

    Thirty former U.S. attorneys backed Roger Rogoff's bid for reinstatement as Seattle's top federal prosecutor after President Donald Trump fired him on the heels of his court-ordered appointment, arguing Tuesday that Trump is trying to "sidestep the Senate's advice-and-consent role and sideline the judiciary" by letting unappointed individuals play such roles.

  • August 19, 2026

    Trade Court Rejects Bahrain Importer's FTA Theory

    Film imported from Bahrain cannot qualify for preferential tariff treatment under a free trade agreement because the importer failed to meet its requirements, and those of the law underlying the deal, according to a U.S. Court of International Trade opinion published Wednesday.

  • August 19, 2026

    OCC Advancing Stablecoin Rule At 'Great Speed,' Gould Says

    The Office of the Comptroller of the Currency plans to issue the main rule establishing its stablecoin oversight framework by November and expects to be ready to process issuer licensing applications as soon as January, the agency's top official said Wednesday.

  • August 19, 2026

    9th Circ. Says Initial Arbitration No Obstacle To EFAA

    A split Ninth Circuit panel ruled Wednesday that a fired biopharmaceutical executive could quit arbitration and file a suit claiming her boss subjected her to gender-based harassment, finding the pivot was fair game under a law that shields sex misconduct disputes from out-of-court resolutions.

  • August 19, 2026

    IRS Aims To Limit Tax Credits For Authorized Immigrants

    Fewer immigrants living in the U.S. legally would have access to refunds from individual tax credits under proposed regulations released Wednesday by the IRS that would link eligibility to welfare requirements rather than just work authorization.

  • August 19, 2026

    Groups Say NOAA Failed To Vet Samoan Seabed Mining Harm

    Two conservation groups have sued to stop the sale of deep-sea mining rights across 31 million acres of seabed around American Samoa, arguing the National Marine Fisheries Service unlawfully determined the activity would not adversely affect endangered species and their habitat.

  • August 19, 2026

    Paramount Judge Urges Parties To Be 'More Reasonable'

    A California federal judge overseeing the challenge to Paramount Skydance's $110 billion Warner Bros. Discovery acquisition brought by the Writers Guild of America and state attorneys general urged the parties Wednesday to be "much more reasonable" with discovery disputes, warning that if they aren't, "you will find yourself asked to engage a special master."

  • August 19, 2026

    Paramount Viewers Stuck With Bringing Amended Suit

    A California federal judge refused Tuesday to reconsider dismissing a consumer complaint challenging Paramount's completed merger with Skydance and its planned purchase of Warner Bros. Discovery, holding that the filing of an amended complaint mooted the motion.

  • August 19, 2026

    Trade Court Judge Mulls Class Cert. For IEEPA Refunds

    A U.S. Court of International Trade judge on Wednesday didn't commit to certifying a class of importers who paid tariffs under President Donald Trump's struck-down global regime, though the option seemed to intrigue him.

  • August 19, 2026

    Over 120 Ex-Judges Demand Probe Of DHS GC's 'Worst' Posts

    A pair of nonprofits along with a bipartisan group of 128 former state and federal judges have asked the Florida Bar to investigate the general counsel of the U.S. Department of Homeland Security for a recent series of social media posts attacking sitting judges.

  • August 19, 2026

    Venable Hires Treasury Legislative Deputy With Tax Experience

    Venable LLP's latest hire in the legislative and public policy group in Washington, D.C., is a U.S. Department of the Treasury official who most recently worked as the deputy undersecretary for legislative affairs.

  • August 19, 2026

    Mining Project Beats Suit, But Species Harm Estimate Flagged

    The federal government won dismissal of most claims from environmental groups challenging a gold mining project, but the presiding federal Idaho judge did order the U.S. Fish and Wildlife Service to revise a statement estimating harm to wolverine and bull trout.

  • August 19, 2026

    Feds Accuse Comey Of Trying To 'Shortcircuit' '86 47' Case

    Former FBI Director James Comey is seeking to end the case over an allegedly threatening photo of seashells he posted online before the government has had a chance to present the full context for its case, prosecutors argued this week.

  • August 19, 2026

    Ohio Urges 6th Circ. To Allow Hemp Reclassification

    The state of Ohio urged the Sixth Circuit on Wednesday to reverse a lower court's decision halting enforcement of a new state law that reclassified hemp products as marijuana, accusing the hemp companies who sought the injunction of pushing an "aggressive theory" of the case.

  • August 19, 2026

    DC Circ. Won't Block Loan For Mozambique LNG Project

    A D.C. Circuit panel denied an environmental group's push to block $4.7 billion in financing the U.S. Export-Import Bank approved for a TotalEnergies EP liquefied natural gas project in Mozambique, finding the group unlikely to prevail in its challenge.

  • August 19, 2026

    Prison Phone Co. Says Techs Aren't Owed Public Works Pay

    A prison phone service provider told a New York federal judge that three field service technicians who installed and maintained telecommunications systems in hospitals and prisons did not agree to a "public works" contract and aren't guaranteed higher pay under state labor laws.

  • August 19, 2026

    5th Circ. Backs Delay Of FDA's 11-Warning Cigarette Rule

    The Fifth Circuit on Tuesday upheld the delay of a U.S. Food and Drug Administration rule requiring the addition of graphic warning labels to cigarette packages, saying tobacco companies that challenged the rule showed the agency likely overstepped its narrow authority to adjust existing warnings by creating two new ones.

  • August 19, 2026

    Ruling Lets Ethiopia's Protected Status End As Case Proceeds

    A Massachusetts federal court has ruled the Trump administration's termination of Ethiopia's temporary protected status designation can now take effect, though allowing Ethiopian nationals to continue arguing that the administration acted at least partly out of racial animus.

  • August 19, 2026

    Pa. Court Lets Off-Grid Solar Projects Get Energy Credits

    Solar energy projects in Pennsylvania do not have to connect to the electrical grid to qualify for "solar renewable energy credits," allowing gas pipeline operator Williams Companies Inc. to get and sell credits for solar arrays that only power two remote compressor stations, a state appellate court ruled Wednesday.

  • August 19, 2026

    Mass. Top Court Clears Path For $325M Pro Soccer Stadium

    Massachusetts' highest court on Wednesday cleared the way for construction to continue on a $325 million women's professional soccer stadium on a parcel within Boston's historic Franklin Park, finding that the project is not subject to a state law protecting parkland from development.

  • August 19, 2026

    4th Circ. Ends Immigration Judges' Free Speech Suit

    The Fourth Circuit on Wednesday affirmed that a district court lacked authority to hear a suit from an immigration judges' union challenging a policy barring judges from speaking publicly about immigration without prior approval.

  • August 19, 2026

    FCC Seeks Comments On Proposal To End E-Rate Program

    The Federal Communications Commission's Wireline Competition Bureau is seeking public input on a proposal to amend, and possibly curtail, a broadband subsidy for schools and libraries.

Expert Analysis

  • 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.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Is The SEC Entering Fight Over Prediction Market Oversight?

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    The U.S. Securities and Exchange Commission had remained largely silent on prediction market regulation until last week, but that trend may be changing, as many event contracts could qualify as security-based swaps, which are subject to the SEC's oversight under current definitions, say attorneys at Bradley Arant.

  • Data Reveals Pivot In Feds' Financial Fraud Priorities

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    Recent Justice Department data shows fraud prosecutions fell to their lowest rate in a decade in 2025, illustrating a move away from traditional financial cases and toward a targeted mix of healthcare, government program, consumer and sanctions matters, say Paul Hinton and Adrienna Huffman at The Brattle Group.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

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