Public Policy

  • September 17, 2026

    Rail Giants Point To Shipper Support For $85B Merger

    Droves of companies that rely on freight in their daily business have recently thrown their support behind Union Pacific Corp.'s planned $85 billion merger with Atlanta-based Norfolk Southern Corp. in filings with a federal board being asked to approve the tie-up.

  • September 17, 2026

    Watchdogs Sue Trump Over Early Truth Social Post Access

    Two government watchdog groups are suing President Donald Trump and other high-ranking officials, claiming that their sale of early access to Trump's policy-focused Truth Social posts violates the First and Fifth amendments and only serves to enrich the president and his social media platform.

  • September 17, 2026

    7th Circ. Questions Illinois' Out-Of-State Liquor Delivery Ban

    The Seventh Circuit seemed unsure Thursday whether it should back a district court decision tossing two wine collectors' constitutional claim against an Illinois law barring out-of-state retailers delivering alcohol to in-state customers, questioning the state's underlying reasoning for the ban.

  • September 17, 2026

    NY Urges 2nd Circ. To Halt DOT Efforts Vs. Congestion Pricing

    New York transportation agencies have urged the Second Circuit to shut down the Trump administration's continued efforts to eliminate congestion pricing, saying the federal government doesn't have free rein to renege on cooperative agreements without justification.

  • September 17, 2026

    Ex-FCC Leaders Call ABC Probe Attack On Free Speech

    A bipartisan group of former top officials at the Federal Communications Commission on Thursday urged a D.C. federal court to put a halt to the agency's ongoing probe of ABC's Disney-owned stations, calling it an attack on free speech.

  • September 17, 2026

    SpaceXAI, Apple Must Show Texas Judge Antitrust Deal Terms

    A Texas federal judge has ordered Elon Musk's companies and Apple Inc. to provide him with a copy of their recent settlement for in-camera review after OpenAI Inc. demanded to look over the agreement and argued its terms may undermine the antitrust allegations SpaceXAI LLC is still pursuing against OpenAI.

  • September 17, 2026

    Ex-Conn. Utility Regulator Defends Appeal Of FOIA Fine

    Former Connecticut utility regulator Marissa P. Gillett has asked a state court not to toss her appeal of a $2,500 fine imposed on her by the Freedom of Information Commission for failure to comply with a records request from Eversource Energy, disagreeing with the commission that her case is now moot because the agency paid the fine and underwent FOIA training.

  • September 17, 2026

    EU Antitrust Chief Says AI Competition Mitigates Risk

    Europe's top antitrust enforcer raised concerns Thursday about the need to regulate artificial intelligence companies, while a top U.S. official said enforcers need to hear more about potential collaborations on AI safety before deciding if they're problematic.

  • September 17, 2026

    10th Circ. Debates Bid To Revive Colo. Atty Fee Law Challenge

    Colorado residents and community watch groups urged the Tenth Circuit on Thursday to revive their constitutional challenge against a Colorado law that mandates attorney fee awards to local governments in certain land use disputes, fielding court questions on the case's reviewability and whether sovereign immunity applies.

  • September 17, 2026

    Trump Withdraws ICE Nominee Schroyer After Senate Delay

    The White House announced Thursday that it withdrew President Donald Trump's nomination of former Oklahoma state trooper Lance Schroyer to lead U.S. Immigration and Customs Enforcement after his nomination stalled in the Senate.

  • September 17, 2026

    EPA Sued Over Power Plant Greenhouse Gas Rule Repeal

    Environmental and public health groups on Thursday sued the U.S. Environmental Protection Agency over its repeal of greenhouse gas emissions standards for power plants, accusing the agency of renouncing its legal obligation to tackle climate change-related pollution from the power sector.

  • September 17, 2026

    DHS Says Western Hemisphere Asylum Claims Are Meritless

    U.S. Department of Homeland Security General Counsel James Percival sent a letter to the American Immigration Lawyer's Association this week warning that attorneys who file frivolous asylum applications will be "subject to penalties."

  • September 17, 2026

    Michigan Court Pilot Aims To Aid Unrepresented Litigants

    The Michigan Supreme Court announced Wednesday that it is launching a pilot project, based on recent reforms in Utah and Arizona, that will allow trained nonlawyers to provide in-court support to people who cannot afford a lawyer in civil cases.

  • September 17, 2026

    Tribe Says HHS Defied High Court On Contract Funding

    A California tribe has sued the U.S. Department of Health and Human Services and its Indian Health Service in Washington, D.C., federal court, accusing them of unlawfully slashing about $2.37 million in contract support costs to less than $100,000.

  • September 17, 2026

    Judge Nixes DEI Conditions For Federal Education Funds

    A Massachusetts federal judge Thursday found the U.S. Office of Management and Budget cannot stipulate education research funding on rooting out diversity, equity and inclusion initiatives, but declined to force the government to spend certain education funds before they expire this month.

  • September 17, 2026

    Ore. Judge Denies HHS' Attempt To Amend Gender Care Order

    An Oregon federal judge on Thursday rejected the Trump administration's bid to narrow an earlier order that voided a policy declaration central to the government's crackdown on gender-affirming care for minors.

  • September 17, 2026

    Weaponization Fund Plaintiffs Say Discovery Ruling Was Right

    Plaintiffs suing over the Trump administration's once-proposed "anti-weaponization fund" are telling a Virginia federal judge to reject the U.S. Department of Justice's objections to a magistrate judge's discovery order, accusing the administration of stonewalling their requests and urging prompt discovery production.

  • September 17, 2026

    Industry Groups, IP Attys Back High Court PTAB Denials Case

    The bar association for the Patent Trial and Appeal Board, a group of intellectual property law attorneys and others have urged the U.S. Supreme Court to scrutinize the discretionary denial policies of current U.S. Patent and Trademark Office leadership.

  • September 17, 2026

    Colo. $2B Graduated Tax Proposal Faces Signature Challenge

    A proposal to cut Colorado income tax rates for most earners, raise rates for high earners and raise $2 billion annually failed to gather the signatures needed to reach the state's November ballot, a lawsuit against state election officials charges.

  • September 17, 2026

    Groups Seek 4.4 GHz Revamp, But Clash On Exclusive Use

    Top wireless carriers and shared-spectrum advocates issued reports this week saying the government needs to set the 4 gigahertz band on a path toward industry use, but are at odds on whether to set aside the airwaves for full-power exclusive licenses.

  • September 17, 2026

    DOJ Official Says Political Appointees Play Antitrust Role

    Associate Attorney General Stanley E. Woodward Jr. on Thursday defended the role political appointees play in enforcing antitrust laws, saying it would be "blatantly unconstitutional" if U.S. Department of Justice leadership merely deferred to unelected officials.

  • September 17, 2026

    Electricity Tax Rules Kept In Irish EU Reg Draft, Over Protests

    The Irish government, currently leading the Council of the European Union, kept rules requiring tax rates on electricity to be no less favorable than those on natural gas in its revision of a draft EU regulation, despite some member states' objections, according to a document obtained Thursday by Law360.

  • September 17, 2026

    Judge Finds NM PFAS Label Likely Violates First Amendment

    A New Mexico federal judge temporarily blocked the state from requiring manufacturers to place a PFAS label on any product intentionally made with forever chemicals, finding the groups opposed to the mandate likely have First Amendment grounds to challenge it.

  • September 17, 2026

    Judge Nixes Workers' Bid To Halt IRS Withholding Rules

    A Texas federal judge dismissed two workers' claims that the Internal Revenue Service's income tax withholding regulations resulted in employers overdeducting taxes from their employees' paychecks, finding that federal law bars the workers' bid to prevent tax collection.

  • September 17, 2026

    Senate Confirms Kirkland Partner To Texas Federal Bench

    The Senate voted 49-45 on Thursday to confirm Kasdin Miller Mitchell, a partner at Kirkland & Ellis LLP, to serve as a U.S. district judge for the Northern District of Texas.

Expert Analysis

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • Assessing DOJ Antitrust's New, Faster Merger Review Option

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    The U.S. Justice Department Antitrust Division's recently announced targeted second request option and new model timing signal a commercially friendly stance and a departure from the prior administration's position, say attorneys at Paul Weiss.

  • NRC Proposal May Reshape Radiation Protection Framework

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    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • AG Watch: Minn. Defends Prediction Markets Ban

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    Minnesota Attorney General Keith Ellison has aggressively defended the state's landmark statute banning prediction markets, but the court's July 27 temporary injunction in U.S. v. Minnesota blocking the law from taking effect could set the template for state authority across the country, say attorneys at Crowell & Moring.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

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    Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

  • From Order To Regulation: How EOs Are Reshaping Banking

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    The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

  • Rhode Island Self-Checkout Law Signals National Trend

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    Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • Opinion

    USCIS Delays Shouldn't Mean Detention For EB-5 Investors

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    Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

  • What FERC Concurrences Reveal About Large Load Priorities

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    The Federal Energy Regulatory Commission's recent orders concerning grid operators' procedures for connecting large loads like data centers to the power grid came with concurring statements from the FERC commissioners, which provide key insights into individual commissioners' concerns and a road map for compliance, say attorneys at Womble Bond.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • CFPB Fair Lending Litigation Reveals Compliance Complexity

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    A recent legal challenge to the Consumer Financial Protection Bureau's fair lending amendments underscores continuing uncertainty over disparate impact liability, discouragement standards and special purpose credit programs, signaling that financial services providers should avoid hasty compliance changes, say attorneys at Weiner Brodsky.

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