Public Policy

  • October 07, 2026

    States Urge Justices To Fix Prediction Markets' Legal 'Chaos'

    A coalition of 39 states and the District of Columbia urged the U.S. Supreme Court on Wednesday to resolve a circuit split over the regulation of prediction markets like Kalshi, saying the industry's "aggressive theory of preemption" threatens states' sovereignty and ability to protect their residents. 

  • October 07, 2026

    Trump 'Outsourced' White House Press Functions, Judge Told

    Media organizations urged a New York federal judge on Wednesday to stop President Donald Trump from using Truth Social for his communications as long as the company offers paid early access to those posts, arguing that the private company's "entwinement" with the president violates the First Amendment.

  • October 07, 2026

    Trump Admin Challenge To Mich. Egg Rules Tossed

    A Michigan federal judge on Wednesday threw out the federal government's suit over the state's ban on eggs produced by caged hens, ruling that the government lacks standing to challenge the law.

  • October 07, 2026

    Justices Wary Of Prolonging Guam Ammo Disposal Suit

    The U.S. Supreme Court on Wednesday appeared wary of ruling that a Guam-based nonprofit can't challenge the U.S. Air Force's plan to explode expired munitions because its application to do so has yet to be approved by the territory's Environmental Protection Agency.

  • October 07, 2026

    Okla. Pot Agency Accused Of Retaliating Over Gender Pay Gap

    The Oklahoma Medical Marijuana Authority was hit with a sex discrimination and retaliation lawsuit by a former employee who claims the agency reprimanded her for pointing out that she was paid less than her male colleagues, according to a lawsuit filed in federal court Tuesday.

  • October 07, 2026

    RI Says Changed Law Moots Challenges To Pot Program

    It's time to bring to an end three lawsuits that challenged Rhode Island's social equity and adult-use cannabis licensing program, the state has told a federal court, arguing that the litigation is moot now that the Legislature has changed the challenged provisions.

  • October 07, 2026

    Local Banks Want In On Plan To Use Banks To Stop Robocalls

    Community banks want to make sure they qualify to issue letters of credit to voice providers if the Federal Communications Commission decides to go through with rules that would require companies to show they have financial backing in the hopes of staunching the onslaught of robocalls.

  • October 07, 2026

    FCC Eyes Spectrum Sale To Boost 5G, Satellite D2D

    The Federal Communications Commission's staff has teed up a proposal that would pave the way for a new auction of 25 megahertz worth of spectrum that could be used for advanced Earth-based wireless service and satellite connectivity to smart devices.

  • October 07, 2026

    PhRMA Sues To Block Medicare Foreign Drug Price Rule

    The pharmaceutical industry's top lobbying group asked a D.C. federal judge Wednesday to block a new Medicare rule tying Part B drug payments to prices abroad, claiming that the U.S. Department of Health and Human Services is imposing a "most-favored-nation" price control that Congress has repeatedly declined to enact.

  • October 07, 2026

    1st Circ. Seems Torn On DOJ Bid For Trans Care Records

    The First Circuit on Wednesday appeared divided over whether the Trump administration may access a wide array of documents related to gender-affirming care at Boston Children's Hospital, with judges asking pointed questions of lawyers on both sides.

  • October 07, 2026

    4th Circ. Says FCC Defied Congress Through Political Ad Rule

    A split Fourth Circuit panel Wednesday granted a request from Democratic candidates to force the Federal Communications Commission to issue a ruling on whether broadcasters may only charge the lowest possible rate for ads purchased by political committees attached to candidates.

  • October 07, 2026

    1st Circ. Presses NEA On 'Gender Ideology' Grant Criteria

    A First Circuit panel had sharp questions for the federal government Wednesday about its decision to disfavor National Endowment for the Arts grant applicants who "promote gender ideology," with one judge saying the arts program is supposed to be insulated from politics.

  • October 07, 2026

    DHS Eyes Up To $100K Foreign Student Work Program Fee

    The U.S. Department of Homeland Security proposed a rule Wednesday that would impose a $70,000 fee for foreign students to work in their fields, and another $30,000 tacked on for students in science, technology, engineering and mathematics fields.

  • October 07, 2026

    DOT Unveils Plan To Modernize Space Launch Licensing

    U.S. Transportation Secretary Sean P. Duffy has announced that the Federal Aviation Administration is proposing five new rules to streamline and modernize the commercial space launch and reentry regulations.

  • October 07, 2026

    States Say DHS Is Tying Grants To Immigration Agenda, Again

    A coalition of 20 states and the District of Columbia told a Rhode Island federal court Wednesday that the Trump administration is still unlawfully tying certain grant funding to their assistance with immigration enforcement efforts, in violation of the court's permanent injunction rulings.

  • October 07, 2026

    8th Circ. Upholds $35,000 Costs Award In DAPL Protest Case

    An Eighth Circuit panel has upheld a lower court's award of more than $35,000 in costs to Morton County, North Dakota, and its officials in a challenge by an environmentalist who was severely injured by law enforcement during a protest over the Dakota Access pipeline.

  • October 07, 2026

    1st Circ. Skeptical Of Legal Basis For IRS-ICE Data Sharing

    The First Circuit repeatedly suggested during a hearing Wednesday that the Trump administration's use of a privacy exception in the tax code for criminal investigations to justify demanding tax records of noncitizens could allow it to target nearly anyone's private returns.

  • October 07, 2026

    DOJ Urges Judge To Lift Block On Birthright Citizenship Order

    The Trump administration is urging a Maryland federal judge to dissolve her injunction blocking its latest executive order aiming to limit birthright citizenship, claiming that new agency guidance confirming that the policy only applies to children born after it takes effect leaves the families who originally sued without standing.

  • October 07, 2026

    Tenn. Judge Tosses Developer's Data Centers Moratorium Suit

    A Tennessee federal judge has tossed a data center developer's challenge to a moratorium on data centers without prejudice, ruling in part that the suit is inconsistent when it comes to the type of property interest that the developer is asserting with its allegations.

  • October 07, 2026

    Colo. Legislative Aide Says He Was Fired For Pay Complaints

    A Colorado state representative fired a senior legislative aide after he objected to doing campaign work on taxpayer-funded time and complained that she failed to fairly pay him for hundreds of hours of campaign work, according to a suit filed in Colorado state court.

  • October 07, 2026

    Family Tells 5th Circ. Penske Can't Evade Crash Liability

    The family of a man killed in a Texas collision said a Fifth Circuit panel faithfully followed federal law when it revived its lawsuit alleging freight broker and trucking giant Penske is vicariously liable for the 2018 accident, and en banc review before the full court is unwarranted.

  • October 07, 2026

    Don't Let Post-Merger Iridium Disrupt Astronomy, FCC Told

    Astronomers have warned the Federal Communications Commission that aerospace company Rocket Lab USA Inc. must fulfill its obligations to avoid harmful interference if the agency approves the license transfer needed for its proposed $8 billion purchase of satellite operator Iridium Communications.

  • October 07, 2026

    Mich. Tribal Officials Detail Missing Persons Plan At Summit

    Officials from the Bay Mills Indian Community outlined how they plan to respond to cases of missing and murdered Indigenous people at a summit in Michigan on Wednesday, explaining how the tribe will coordinate law enforcement, victim services and community resources and sharing lessons learned from previous missing persons cases. 

  • October 07, 2026

    Copyright Office Probes AI's Role In Streaming Fraud

    The U.S. Copyright Office is examining whether music-streaming fraud and artificial intelligence-generated music are affecting royalty payments and licensing systems as part of a broader inquiry requested by Congress.

  • October 07, 2026

    Mich. Judge Rejects Due Process Claims In Visa Records Suit

    A Michigan federal judge on Wednesday trimmed the due process claims from students challenging the sudden termination of their immigration records, finding the students abandoned the claims and that courts have found no constitutional protection for a visa status.

Expert Analysis

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • HSR Deals Proceed More Steadily Than Narratives Suggest

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    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

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    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

  • Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

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    Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

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