Public Policy

  • August 26, 2026

    5th Circ. Won't Reopen Apex's SEC Deal For Better Terms

    The Fifth Circuit has denied Apex Clearing Corp.'s petition to revisit its settlement agreement with the U.S. Securities and Exchange Commission over the clearinghouse's purported failure to keep records of off-channel communications, finding that other firms receiving more favorable settlement terms later on was not grounds for modification.

  • August 26, 2026

    Sens. Push Probe Of DOT's Failure To Protect Flyers' Privacy

    U.S. Sens. Ron Wyden, D-Ore., and Shontel Brown, D-Ohio, asked the U.S. Government Accountabiliy Office Wednesday to investigate the U.S. Department of Transportation's "systemic abdication" and "regulatory neglect" of its consumer privacy enforcement mandates meant to protect air travelers' privacy, warning of "severe international and economic ramifications."

  • August 26, 2026

    Idaho Abortion Ban Relief Narrowed To 1 Doctor

    An Idaho federal judge walked back his recent order barring the state from enforcing its near-total abortion ban in certain health-related circumstances, finding that precedent in the U.S. Supreme Court supported a narrower injunction.

  • August 26, 2026

    Ill. Aid-Fixing Trial Delayed As 7th Circ. Review Proceeds

    Students and several elite private universities will have to postpone their trial over an alleged financial aid fixing scheme while the Seventh Circuit reviews expert-related findings that have allowed the case to proceed as a class action, an Illinois federal judge said Wednesday.

  • August 26, 2026

    Diocese Says Religious Freedom Fair Defense To DHS Taking

    A New Mexico church argued that the federal government's eminent domain powers are not designed to override protections for religious expression, objecting to a plan that would seize part of a pilgrimage site to build a border wall.

  • August 26, 2026

    Lawmakers Press Commerce To Curb Exports To Adversaries

    A bipartisan group of lawmakers is urging the U.S. Department of Commerce to block U.S. citizens and businesses from working for foreign civilian intelligence and security agencies in Russia, China and other "countries of concern."

  • August 26, 2026

    Meta Judge Quickly OKs $17B Deal Over Social Media Harms

    A California federal judge overseeing a bellwether trial over claims Meta hid social media's harms to youth on Wednesday approved its $17.1 billion deal with 29 states, after a hearing in which she pressed lawyers on details of the deal and raised concerns about how Meta was handling attorney-client privilege issues.

  • August 26, 2026

    Mont. Reaches Deal To Ensure Schools Teach Native History

    A group of individuals, tribal nations and the Montana Office of Public Instruction have agreed to settle a class action challenging the state's failure to implement a mandate that requires public schools to teach Indigenous history and culture in consultation with local tribes.

  • August 26, 2026

    NTIA Has Given Final OK To All 56 State, Territory BEAD Plans

    Nearly five years after the Infrastructure Investment and Jobs Act created the BEAD program, the National Telecommunications and Information Administration says it has approved all 56 final proposals from the states and territories.

  • August 26, 2026

    7th Circ. Holds High Court Ruling Supports Ark. PBM Rule

    The Seventh Circuit refused Wednesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, backing a lower court's holding that the rule was in line with a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.

  • August 26, 2026

    Samsung, Apple Warn Against Google Payment Ban

    Samsung and Apple told the D.C. Circuit that they are backing he district court's decision to reject a proposed ban on Google's payments to device distributors, with Samsung saying the ban would deprive it of the revenue it needs to help fund research and development in its mobile business unit and Apple saying it would only benefit Google at the expense of customers and third parties. 

  • August 26, 2026

    Mich. Appeals Court Upholds Probate Judge Candidate DQ

    A candidate hopeful for Wayne Probate Court judge will not appear on the ballot in November after a Michigan Court of Appeals panel on Tuesday affirmed a lower court's decision that her nominating petitions did not have enough signatures to garner her certification.

  • August 26, 2026

    DOJ Flags Breach Of Internal Policies In Apple Suit

    The U.S. Department of Justice told a New Jersey federal judge Tuesday that its staffers breached internal policies when they shared personally identifiable information with an outside discovery vendor that was hired not by the department, but instead by the DOJ's state attorneys general partners, in the monopolization case against Apple.

  • August 26, 2026

    FCC Seeking More Spectrum For Space Launches, Reentry

    The Federal Communications Commission is on the hunt for more spectrum that could support space launches and reentry, and is asking stakeholders to weigh in with their own ideas on how to free up the airwaves.

  • August 26, 2026

    States Renew Bid To Block New Mail-In Ballot Rule

    A coalition of 24 states and the District of Columbia again asked a Massachusetts federal judge on Wednesday to block implementation of the U.S. Postal Service's rule restricting delivery of mail-in ballots, after the U.S. Supreme Court paved the way for an earlier injunction to be lifted.

  • August 26, 2026

    DOJ Adds Philly Detainer Ban To 'ICE Out' Challenge

    The U.S. Department of Justice has expanded federal litigation against the city of Philadelphia over its "ICE Out" legislative package requiring immigration agents to remove their masks, now also targeting a bill prohibiting local law enforcement from holding noncitizens convicted of state crimes for transfer to federal custody for deportation.

  • August 26, 2026

    Trucking Groups Urge Full 5th Circ. To Mull Penske Liability

    Trucking industry groups contend the Fifth Circuit unjustifiably expanded liability for upstream motor carriers when it recently held that trucking services giant Penske Logistics LLC could be held vicariously liable for a fatal 2018 Texas collision caused by a motor carrier that Penske knew nothing about.

  • August 26, 2026

    Feds Urge 6th Circ. To Affirm $100M DTE Clean Air Act Penalty

    Several DTE Energy Co. entities should not be allowed to escape a $100 million civil penalty a Michigan federal judge imposed for Clean Air Act violations at a coke production facility near Detroit, the U.S. Department of Justice has told the Sixth Circuit.

  • August 26, 2026

    Feds Aim To Give Employers Clarity On Wellness Programs

    The U.S. Department of Labor and other federal agencies on Wednesday issued guidance on employer wellness programs that permit fees on workers' health premiums for things like tobacco use, which the agencies said was in response to legal questions raised by numerous recently filed class action federal benefits lawsuits.

  • August 26, 2026

    Ky. FM Stations Didn't Follow Licensing Rules, FCC Says

    The licensee of four Kentucky FM radio stations reached an agreement with the Federal Communications Commission to end a probe into whether it failed to file the stations' license renewals on time and left them off the air without permission.

  • August 26, 2026

    Fla. Firm Must Face Fiduciary Breach Suit Over Property Deal

    A Florida state appeals court on Wednesday reversed an order dismissing a lawsuit brought by a property company alleging that Hoffman Larin & Agnetti PA and one of its attorneys aided and abetted a breach of fiduciary duty while representing a third party claiming an interest in a property owned by the company.

  • August 26, 2026

    Ore. Homeowner Hit With $19K In Fees, Penalties By Tax Court

    An Oregon homeowner must pay $15,000 in attorney fees and $4,000 in penalties after consistently maintaining an unreasonable position in challenges to his property tax assessment, the state tax court ruled Tuesday.

  • August 26, 2026

    Former Gov't Attys Back DOJ's Challenge To DC Ethics Bodies

    Ex-Justice Department leaders are throwing their support behind the DOJ's suit challenging alleged "unconstitutional overreach" by Washington, D.C., attorney disciplinary authorities in their handling of an ethics complaint against former Assistant Attorney General Jeffrey Clark.

  • August 26, 2026

    3rd Circ. Says McIver Lacks Immunity In ICE Assault Case

    A panel of Third Circuit judges on Wednesday rejected claims from Rep. LaMonica McIver, D-N.J., that her congressional role protects her against criminal charges alleging she forcibly interfered with and obstructed federal officers at an immigration detention facility.

  • August 26, 2026

    Mass. State Rep. Charged In $700K COVID Relief Fraud

    A Massachusetts lawmaker was arrested early Wednesday on charges that he engaged in a series of schemes to fraudulently obtain more than $700,000 from COVID-19 pandemic-era relief programs, flipping some of the funds into higher-interest mortgages to others and paying campaign expenses, federal prosecutors said.

Expert Analysis

  • 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.

  • What's Inside Proposed, Expanded NY Stablecoin Regulations

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    New York's recently proposed regulations for payment stablecoin issuers would, if adopted, increase the regulatory burdens of a state license, and midsize issuers considering a conversion to a federal charter should weigh the associated costs of both options, say attorneys at Lowenstein Sandler.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • What Corporate Counsel Can Learn From OpenAI Test Breach

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    The significance of the recent artificial intelligence testing breach involving OpenAI and Hugging Face lies in what it reveals about the path of AI’s evolution, because legal professionals must translate that trajectory into actionable governance, contractual and advisory frameworks, says Jason Mueller at Vorys.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • 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.

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