Public Policy

  • September 29, 2026

    Groups Say Calif. Biogas Credits Incentivize More Methane

    Four environmental groups accused California regulators of violating state law by allowing factory farm biogas producers to receive carbon credits — a practice they said is notionally aimed at reducing greenhouse gas emissions but in reality incentivizes more methane production.

  • September 29, 2026

    Squires Confirms PTAB Judges Will Resume Institution Calls

    Administrative patent judges will soon resume deciding whether Patent Trial and Appeal Board challenges will be instituted on the merits, U.S. Patent and Trademark Office Director John Squires told the Senate on Tuesday during a hearing that also raised questions about if the office has sacrificed patent quality to speed through an examination backlog.

  • September 29, 2026

    NYC Property Owners Say 2nd-Home Tax Is Unconstitutional

    A group of New York City property owners and other parties sued the New York state government on Tuesday over its pied-à-terre tax for certain high-value second homes, alleging in state court that the tax is unconstitutional because it discriminates against people who don't primarily live in the city.

  • September 29, 2026

    X Corp. Says Crypto Gambling Company Bribed X Employees

    X Corp. told a Texas federal court that a company behind two controversial crypto gambling websites, which allegedly bribed X employees, cannot arbitrate claims that X unfairly removed their access to its website.

  • September 29, 2026

    EB-5 Visa Fees More Than Double For Individual Investors

    U.S. Citizenship and Immigration Services announced increased filing fees Tuesday for the EB-5 Immigrant Investor Program — more than double for individual investors — saying the higher price tag is needed to close a $48.4 million annual funding gap.

  • September 29, 2026

    NHTSA Fuel Economy Regs Overhaul Crushes EV Ambitions

    The elimination of strict federal mandates for higher fuel efficiency in new cars crushes momentum for the U.S. auto industry to pivot toward alternative-powered vehicles, ensuring that manufacturers will again be caught in litigation limbo as environmental groups prepare challenges to seemingly inconsequential standards with no penalties, experts say.

  • September 29, 2026

    FCC Looking To Duck Mandamus In 2021 RF Exposure Order

    Five years after the D.C. Circuit told the FCC it needed to provide more in-depth reasoning for why it believes cellphones and other wireless devices don't pose a risk to humans, the agency is arguing it needs more time to sort out a response.

  • September 29, 2026

    Lupin Strikes Deal In States' Generic Drug-Price Fixing Suit

    Lupin Pharmaceuticals has reached a settlement with multiple states to resolve allegations that it conspired with G&W Laboratories Inc. to raise prices of the tuberculosis drug Ethambutol during a supply shortage years ago, according to a minute order entered in Connecticut federal court on Monday.

  • September 29, 2026

    Suit Accuses USDA Of Unlawfully Gutting Aid For Rural Solar

    A coalition including farm and renewable energy trade groups has accused the Trump administration of abruptly and unlawfully making most solar projects ineligible for a U.S. Department of Agriculture grant and loan program created to advance renewable energy in rural areas.

  • September 29, 2026

    Fugitive Ex-Conn. Budget Official Seeks To Split Restitution

    A onetime Connecticut budget official now on the lam in Greece asked a federal judge Tuesday to postpone restitution until two admitted co-conspirators who testified against him are sentenced, arguing their plea agreements could force them to shoulder at least some of the costs of a school construction bribery scheme.

  • September 29, 2026

    CFTC Sends Event-Contracts Swaps Proposal To White House

    The U.S. Commodity Futures Trading Commission has submitted two rule proposals to the White House that appear to explicitly establish event contracts as swaps while excluding "casino-style gambling products," updates that could affirm the agency's view that prediction markets are under its "exclusive jurisdiction" and beyond the reach of states.

  • September 29, 2026

    Aldi Sued Over Online Order Delivery Fees By SNAP Users

    Aldi illegally charges ancillary, nonfood-related delivery, expedited fulfillment and convenience fees to customers who use SNAP-EBT benefits to buy grocery items online through Instacart or Aldi Express, alleges a proposed consumer protection class action filed Monday in California state court. 

  • September 29, 2026

    Trump Admin Can't Use Anti-DEI, Citizenship Rules For Grants

    A Rhode Island federal judge on Tuesday said the U.S. Department of Justice can't impose new conditions related to diversity, equity and inclusion activities and immigration status on domestic violence assistance grants, a ruling that sides with a coalition of states and nonprofits that challenged the restrictions.

  • September 29, 2026

    Feds Tell 4th Circ. Ábrego García Delayed His Own Removal

    The Trump administration is telling the Fourth Circuit that a Maryland federal judge shouldn't have granted Kilmar Ábrego García protection from continued immigration detention, saying the unlawful rulings he successfully sought are what's preventing his removal to Liberia.

  • September 29, 2026

    DC Circ. Anthropic Ruling Could Chill Contractor Speech

    The D.C. Circuit's decision backing the U.S. Department of Defense's removal of Anthropic from its supply chain was based on a broad reading of the Federal Acquisition Supply Chain Security Act, which could lead contractors to be more careful about publicizing disputes with the department.

  • September 29, 2026

    States' Temporary Aid Data-Sharing Injunction Bid Falls Short

    A D.C. federal judge declined to block a Trump administration policy allowing disclosures of temporary financial assistance recipients' sensitive personal information to federal authorities, saying that while it "seems plausible" this will chill participation in the program, Democratic-led states challenging the policy haven't provided "concrete evidence" of such harm.

  • September 29, 2026

    Key Bank Policymaking Official To Depart Treasury

    Luke Pettit, a top U.S. Department of the Treasury official who has helped shepherd the Trump administration's financial services policy agenda will step down next month, becoming the latest federal regulatory official to decamp in advance of the midterm elections.  

  • September 29, 2026

    Tech Giants Tell Fed. Circ. To Spurn Squires Remand Bid

    Google, Meta and other tech giants that challenged an Express Mobile website building patent have asked the Federal Circuit to reject the U.S. Patent and Trademark Office's bid to remand the case to the patent office for further proceedings, after a panel of top Patent Trial and Appeal Board judges upheld the patent.

  • September 29, 2026

    CNN Wants Preliminary Injunction In White House Ban Case

    News outlets CNN, Politico and MS Now have asked for a preliminary injunction in their suit against the Trump administration over its ban on their journalists from entering the White House.

  • September 29, 2026

    DEA Judge Pauses Marijuana Rescheduling Over GAO Report

    A U.S. Drug Enforcement Administration administrative law judge on Tuesday paused consideration of a pending proposal to reclassify marijuana after opponents of cannabis reform said a recent U.S. Government Accountability Office report found that regulators did not articulate the reasoning behind their recommendation to loosen restrictions on marijuana.

  • September 29, 2026

    Late Notice Can't Void Rent Control Exemption, Judge Rules

    A New Jersey federal judge has sided with the owners of two apartment towers on Jersey City's waterfront, ruling that the buildings qualify for an exemption from rent control under state law despite the city's contention that the owners failed to meet a notice requirement.

  • September 29, 2026

    Surgical Robot Co. Says 9th Circ. 'Expands' Antitrust Law

    Intuitive Surgical asked the full Ninth Circuit to reconsider a decision reviving a surgical repair company's claims that it blocked third parties from refurbishing components for its popular da Vinci surgery robot, arguing the panel created a whole new pathway to alleging monopolization of secondary markets.

  • September 29, 2026

    Summer Vacation Rules Save Texas Slip-And-Fall Suit

    A Texas appeals panel on Tuesday revived a woman's slip-and-fall suit, finding the trial court judge abused their discretion by ignoring her attorney's summer vacation designation and dismissing the case with prejudice when he was unprepared at trial.

  • September 29, 2026

    USPTO Details Best Practices For Subject Matter Declarations

    Patent applicants submitting declarations explaining why their patents are eligible under Section 101 of the Patent Act should hand in those statements separately from other evidence and also send them in sooner rather than later, U.S. Patent and Trademark Office Director John Squires recommended on Tuesday.

  • September 29, 2026

    DC Circ. Weighs Limits On Boasberg's Contempt Inquiry

    A top Justice Department official told an en banc D.C. Circuit panel that a district judge should refer former Homeland Security Secretary Kristi Noem for contempt over the 2025 deportation flights to El Salvador and move on, saying the judge had no authority to wrap others into his inquiry.

Expert Analysis

  • Home Equity Products Face Expanding Regulatory Patchwork

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    Home equity investment providers, which have recently come under scrutiny from regulators and industry groups, face meaningful burdens as the U.S. Senate and a growing number of states take divergent regulatory approaches, with no uniform standard likely anytime soon, say attorneys at Bradley.

  • How Orbital Data Centers May Test NEPA's Reach

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    With environmental and scientific groups recently pushing back against the Federal Communications Commission's proposal to exempt massive data center satellite constellations from review under the National Environmental Policy Act, the question of whether NEPA even applies to projects in space turns on three closely related issues, say attorneys at Morgan Lewis.

  • How Subchapter V Bill May Change Restructuring Analysis

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    While a recently passed Senate bill would expand the pool of businesses eligible to use the streamlined Subchapter V process, its more significant influence may be on how distressed businesses and their lenders evaluate restructuring alternatives long before a bankruptcy petition is filed, says Robert Charbonneau at Agentis.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Illinois BNPL Law Casts Wide Net Over Loan Providers

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    A new Illinois law's broad definition of buy now, pay later providers under its new dedicated licensing and supervisory regime notably imposes conduct standards similar to other consumer credit regimes and aggressively looks through a wide range of business activities and arrangements, say attorneys at Ashurst Perkins.

  • BIA Ruling Calls For Analyzing Advance Parole Travel's Risks

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    The Board of Immigration Appeals’ recent policy reversal, holding that a temporary trip abroad pursuant to advance parole counts as a departure under the Immigration and Nationality Act, means counsel should assess their clients' immigration history and potential risks of travel before they depart, says attorney Richard Herman.

  • What Cos. Should Know About DOE Energy Dominance Loans

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    With the U.S. Department of Energy's Office of Energy Dominance Financing set to become a vital resource for funding U.S. energy and critical minerals projects, interested companies must understand the terms of potential loans and take into account the applicable financial, technical, legal and regulatory requirements, say attorneys at Mayer Brown.

  • How Jackson Walker Settlement Will Affect Conflict Checks

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    Jackson Walker's recently filed $15 million settlement with the U.S. Trustee is effectively a contract between one firm and the government that will nevertheless serve as a template of conflict disclosure practices for all firms practicing in the bankruptcy courts, says attorney Ken Rosen.

  • Scope Issues For Cos. To Consider Ahead Of Cyber Rules

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    As the Cybersecurity and Infrastructure Security Agency finalizes its proposed Cyber Incident Reporting for Critical Infrastructure Act rules, organizations can take steps to navigate the uncertainty that stems from inconsistent critical infrastructure sector definitions and overlapping sector boundaries, say attorneys at Wiley.

  • DOJ Fraud Declination Highlights Self-Disclosure Tradeoffs

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    As exemplified by the U.S. Department of Justice's declination of charges against Campus Eye Management under its new corporate enforcement policy, self-disclosure can be an attractive option for healthcare companies navigating criminal exposure, but should be weighed against potential costs, say attorneys at Morgan Lewis.

  • What Nonbank Lenders Should Watch In 'Open Banking' Redo

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    Nonbank mortgage lenders should prepare for several key changes in the Consumer Financial Protection Bureau's anticipated open banking rule rewrite that could reshape verification costs, vendor relationships and loan workflows, says Kara Ward at Baker Donelson.

  • SEC's Long-Awaited Crypto Rule Is 1st Piece Of Larger Puzzle

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    The U.S. Securities and Exchange Commission's recently proposed crypto rule provides issuers with a workable exempt offering framework but leaves holder-side questions for forthcoming rules, meaning compliance officers and counsel will have to work from an incomplete picture for now, says Josh Burton at Silver Regulatory Associates.

  • DOE Energy Financing Overhaul Opens Paths For Developers

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    The U.S. Department of Energy's Office of Energy Dominance Financing is now positioned to be a key source of support for energy and critical minerals development in the U.S., creating opportunities for companies seeking to advance projects that align with administration priorities, say attorneys at Mayer Brown.

  • Opinion

    Justices Gave Energy Industry A Needed Constitutional Reset

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    Energy companies must understand the regulatory and compliance implications of two recent U.S. Supreme Court rulings reaffirming that agencies must derive their legitimacy from faithfully executing the law, says Brunini Grantham's Curt Hébert, former member of the Federal Energy Regulatory Commission.

  • Q3 Numbers Refine Picture Of SEC Enforcement Trajectory

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    A snapshot of the U.S. Securities and Exchange Commission’s third-quarter enforcement actions suggest the program may be smaller than in prior years, but that it is increasingly concentrated around market abuse and individual misconduct, especially related to insider trading, say Adrienna Huffman, Jan Jindra and Erik Johannesson at The Brattle Group.

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