Public Policy

  • September 16, 2026

    9th Circ. Greenlights Blocking Kalshi Contracts On Tribal Land

    The Ninth Circuit on Wednesday reversed an order denying California tribes' request for a preliminary injunction seeking to block Kalshi and Robinhood from offering sports-event contracts on tribal lands, finding the tribes will likely win their Indian Gaming Regulatory Act claims, and "this is the 'stuff' of sports betting."

  • September 16, 2026

    DTE Faces Suit Alleging Retaliation Over Fermi 2 Safety Data

    A longtime employee of utility DTE Electric Co.'s Fermi 2 nuclear energy plant has said he was forced out of his job because he reported safety data discrepancies to upper management and human resources, accusing the company of retaliation in Michigan federal court.

  • September 16, 2026

    House Clears Russia Sanctions Bill With New Tariff Powers

    The U.S. House of Representatives approved legislation Wednesday that would enhance President Donald Trump's economic tools to pressure Russia and Iran, including new tariff authorities to impose duties on imports from countries found to economically support Russia, sending the bill to his desk.

  • September 16, 2026

    EPA's Policy Repeals May Spell Exit From Climate Regulation

    The U.S. Environmental Protection Agency's latest move to undo Biden-era greenhouse gas emissions rules lays legal groundwork for the agency to completely abandon climate change regulation, though it remains to be seen whether courts will endorse a full-blown retreat.

  • September 16, 2026

    Kroger Faces Skepticism In Bid To Slash Wash. AG's Fee Win

    A Washington appellate judge expressed skepticism Wednesday at Kroger's bid to dismiss or reduce the state's $28.4 million fee award for successfully challenging the proposed merger with Albertsons, saying Kroger doesn't know how the Washington State Attorney General's Office split the work with the lead law firm that handled the bench trial.

  • September 16, 2026

    Judge Extends Supervision Over Migrant Teen Detention

    A D.C. federal court has said it'll continue to supervise the federal government after finding it repeatedly failed to make individualized determinations on whether certain migrant teenagers should be placed in a less restrictive alternative to adult immigration detention upon turning 18.

  • September 16, 2026

    AP Sues Courts Over Rule Blocking Habeas Records Access

    The Associated Press, in a new lawsuit, is fighting the federal courts for digital access to habeas filings, arguing that a rule curtailing electronic access to the records is unconstitutional and has hampered coverage of the tens of thousands of such cases filed since President Donald Trump's second term began.

  • September 16, 2026

    Newman Saga Prompts Bill To Limit Judicial Suspensions

    The long-running saga over Federal Circuit Judge Pauline Newman's fitness to remain on the court has exposed "major flaws" in the judicial accountability system, according to a Republican member of the House who introduced a bill Wednesday to reform it.

  • September 16, 2026

    House Panel Advances Digital Asset Tax Framework

    Congress would create parity between the tax treatment of digital assets and traditional financial assets, as well as institute safeguards against abuse, under a bipartisan digital asset tax framework package passed by the House Ways and Means Committee on Wednesday.

  • September 16, 2026

    Zillow Must Arbitrate MLS Claims, Compass Claims Paused

    An Illinois federal court has refused Zillow's request for an injunction in its case accusing a Chicago-area multiple listing service of working with Compass to block access to home listings and sent the claims against the MLS to arbitration.

  • September 16, 2026

    1st Circ. Hints Trump Admin Sought To Skirt Review Of Cuts

    The First Circuit on Wednesday repeatedly suggested that the Trump administration had sought to evade court review by intentionally failing to issue written guidance before it began shuttering federal programs targeted by the president in an executive order last year.

  • September 16, 2026

    BofA Settles Suit Over Maryland Pandemic Benefits Cards

    Bank of America on Wednesday agreed to settle a proposed class action alleging it mismanaged Maryland's unemployment benefits debit cards during the pandemic.

  • September 16, 2026

    Del. Defends Absentee Voting Law At State High Court

    Two Delaware Senate candidates urged the Delaware Supreme Court on Wednesday to strike down the state's permanent absentee voting system as unconstitutional, while state election officials defended the law as a valid way to administer absentee voting for people who remain eligible over multiple elections.

  • September 16, 2026

    SEC Floats Eliminating Shareholder Proposal Rule

    The U.S. Securities and Exchange Commission on Wednesday proposed a number of changes to the way publicly traded companies seek shareholder input, including by promising to eliminate one of the pathways shareholders can use to place their own proposals on corporate ballots. 

  • September 16, 2026

    FTC Deal Bars Gunmakers From Overlapping Board Members

    Beretta Holding SA is swearing off putting any of its own executives on fellow gunmaker Ruger's board under a Federal Trade Commission settlement announced Wednesday addressing competitive overlap concerns from a more than $100 million deal that will increase Beretta's stake in the company from 9.95% to up to 25%.

  • September 16, 2026

    Va. DOT Warns FCC Deadlines For Permits May Be Too Short

    The Virginia Department of Transportation has warned the Federal Communications Commission that a plan to limit state and local telecom permit reviews to 120 days might not offer enough time, especially if service providers' applications are faulty.

  • September 16, 2026

    ICE Blocked From Threatening Critic Who Sent Scathing Email

    A D.C. federal judge on Tuesday blocked U.S. Immigration and Customs Enforcement from threatening to prosecute a critic who sent a scathing email comparing then-acting Director Todd Lyons to a Nazi, saying the "warning notice" ICE agents issued on the Rochester man's doorstep likely violates his free speech rights. 

  • September 16, 2026

    80 Hospitals End Suit Over Now Vacated HHS Payment Rule

    A group of 80 hospitals has voluntarily ended a lawsuit against the U.S. Department of Health and Human Services over denied Medicare payment appeals after a D.C. federal court vacated a 2023 rule affecting how those payments were calculated.

  • September 16, 2026

    States Say DOJ's RealPage Deal Doesn't Affect Their Claims

    A group of states told a North Carolina federal court to reject property management software company RealPage Inc.'s argument that its rent price-fixing settlement with the federal government moots the states' antitrust claims.

  • September 16, 2026

    DOJ Says Groups Can't Halt Rule Skipping Asylum Interviews

    The Trump administration told a D.C. federal judge that immigrant legal service providers lack standing to challenge a rule permitting asylum officers to skip interviews if someone is ineligible for asylum and send those cases straight to immigration court.

  • September 16, 2026

    10th Circ. Clears The Way To Fill Denver's Expanded Reservoir

    The Tenth Circuit has cleared the way for Denver Water to begin filling an expanded reservoir that holds the city's water supply, finding the U.S. Army Corps of Engineers did not err when approving a permit for the project.

  • September 16, 2026

    Pa. Justices Ask When Canes, Hot Dogs Become Crime Tools

    Pennsylvania's justices contemplated pummeling one another with canes, gavels and hot dogs as they grappled with what transforms a mundane object into an "instrument of crime" during arguments Wednesday.

  • September 16, 2026

    Conn. Judge Trims Claims In 3M Firefighter PFAS Suit

    A Connecticut federal judge has dismissed some "forever chemicals" allegations lodged against 3M Co. by state firefighter unions and firefighters in a Minnesota multidistrict litigation concerning municipalities that purchased firefighting turnout gear, ruling that the unions lack associational standing over certain claims in the case.

  • September 16, 2026

    6th Circ. Ruling Puts Cannabis Deals In Question

    The Sixth Circuit's decision reversing a $31.8 million jury judgment against cannabis giant Curaleaf on the grounds that marijuana is federally illegal is bound to have ramifications for industry players who seek redress in federal courts, attorneys told Law360.

  • September 16, 2026

    EU Eyes Canada As First Associate Member Amid Rift With US

    The European Union may take steps to include Canada as its first associate member in the wake of growing U.S. trade uncertainty, European Commission President Ursula von der Leyen said Wednesday.

Expert Analysis

  • Ensuring Eligibility For Data Center Sales Tax Breaks

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    As states compete to lure data centers, sales tax exemptions are an important component of many incentive packages — but companies must ensure that projects not only qualify for exemptions on paper, but also can preserve and prove their eligibility through the planning, construction and operation phases, says Peter Lowy at Nelson Mullins.

  • Cos. Should Act Now After US Ruling Reopens EU Data Fight

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    The U.S. Supreme Court's recent decision in Trump v. Slaughter may have inadvertently undermined the EU-U.S. Data Privacy Framework, and given the importance of data transfers for U.S. businesses, companies should start preparing for a scenario in which the framework is no longer enforceable, says Fernanda Pires Merouço at Davis Wright.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • FDIC Proposals Mark Pullback In Bank Resolution Rules

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    A recent pair of Federal Deposit Insurance Corp. proposals would fundamentally reshape testing of banks' resolution-related capabilities from a mandatory exercise to a voluntary one supported by significant financial incentives, amounting to an overall reduction in reporting requirements, say attorneys at Moore & Van Allen.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • EEOC Enforcement Plan Signals DEI, Religious Bias Scrutiny

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    In light of the U.S. Equal Employment Opportunity Commission recently publishing its national enforcement plan covering through fiscal year 2029, employers should expect increased scrutiny of practices that conflict with the administration's positions on diversity, equity and inclusion, national origin discrimination, and religious accommodations, say attorneys at Morgan Lewis.

  • Immigration Order Raises Customer ID Stakes For Banks

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    Following a recently issued immigration-related executive order, financial institutions should expect and prepare for increased scrutiny of customer due diligence and identification, suspicious activity monitoring, and consumer lending, as well as accompanying supervisory shifts and rising fair lending risks, says Douglas Weissinger at Butler Snow.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

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    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

  • 2 Microsoft Matters Could Help Shape AI Antitrust Outlook

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    A pending federal court case and investigation focusing on Microsoft's allegedly anticompetitive conduct in the deployment of artificial intelligence tools are testing whether antitrust law can distinguish ordinary competition to supply the AI ecosystem from conduct that distorts how that competition unfolds, says Kylie Kim at Massey & Gail.

  • Preparing For Next Congress With Eye On Investigation Risk

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    Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

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