Public Policy

  • August 24, 2026

    Instagram Wants Teen 'Sessions,' Not Time, Tenn. Jury Told

    Instagram's top data scientist told a Tennessee jury Monday that the company's goal is to increase the amount of "sessions" by teens, not their raw amount of time in the app, though he admitted the latter metric has been on the rise.

  • August 24, 2026

    Trump Says Capital One Accounts Case Shouldn't Be Tossed

    President Donald Trump and his businesses have urged a Florida federal court not to axe their suit against Capital One, doubling down on their argument that the bank surveilled them and unlawfully closed hundreds of accounts "for no reason other than politics."

  • August 24, 2026

    AGs Want Meta's Privilege Claims Reviewed In Bellwether Trial

    During a break in a jury trial Monday over states' claims Meta hid social media's harm, states' counsel urged a California federal judge to require Meta to re-review all of its attorney-client privilege designations, arguing that "it seems actually logically impossible" that Meta described the wrong standard in only a single document.  

  • August 24, 2026

    Nevada Challenges Feds' Plan For Colorado River Shortages

    Nevada on Monday asked a federal judge to block a framework for Colorado River water cuts the Trump administration finalized, arguing that a flawed review and analysis threaten to put shortages on the backs of it and two other lower basin states.

  • August 24, 2026

    DOJ Seeks To Beat UC Researchers' Challenge Of Grant Axings

    The U.S. Department of Justice argued on Friday that the Trump administration should prevail over University of California researchers' challenges of the termination of their grants, telling a California federal judge that the First Amendment doesn't apply to competitively awarded grants.

  • August 24, 2026

    Google Says Publishers Can't Get 'Fake Privilege' Discovery

    Google urged a New York federal judge not to grant additional discovery to a group of publishers targeting its advertising placement technology dominance in a wider multidistrict litigation, arguing claims of insufficient detail into corporate policies allegedly hiding evidence are belied by the volume of information already cited.

  • August 24, 2026

    Ukraine Says Tatneft Appeal Over $173M Stay Should Be Axed

    Ukraine has pressed the D.C. Circuit to nix an appeal by a large Russian oil company that seeks to overturn a lower court's stay order in the business's suit to enforce a $173 million arbitral award against the country, saying its domestic law prohibits it from paying the award.

  • August 24, 2026

    4th Circ. Says Vacated Drug Conviction Can't Bar Admissibility

    The Fourth Circuit concluded Monday that a Mexico native's since-vacated marijuana conviction in North Carolina state court does not render her inadmissible in the U.S., departing from a long-standing framework that considered vacated convictions valid for immigration purposes unless they're vacated due to substantive or procedural defects. 

  • August 24, 2026

    USPTO Anonymous Reexam Proposal Spurs Concern, Praise

    A U.S. Patent and Trademark Office proposal to effectively end the ability to be completely anonymous when requesting patent reexaminations drew numerous concerns from industry and attorney groups, as well as supportive remarks from patent owners and calls for the office to go further.

  • August 24, 2026

    Mich. Judicial Council Seeks Input On Long-Term Courts Strategy

    The Michigan Judicial Council heard input on its six-point strategic plan to improve the courts system Monday during a Zoom public forum.

  • August 24, 2026

    Feds Scrap Biden-Era Policy On Credit-Access Programs

    The Trump administration is withdrawing Biden-era guidance that encouraged banks and other lenders to offer specialized programs to boost credit access for underserved borrowers, according to a new Federal Register notice. 

  • August 24, 2026

    Consumer Groups Urge DOT To Keep Airline Full-Fare Ad Rule

    Consumer advocates have asked the U.S. Department of Transportation to reconsider its plans to upend decades-old requirements that airlines display the total airfare more prominently than other components like taxes and fees, saying the Trump administration is effectively endorsing "drip pricing."

  • August 24, 2026

    Feds Seek Circuit Court Reversals In Sanctuary Policy Battle

    The Trump administration has asked separate federal circuit courts to review lower court decisions rejecting its challenges to various state and local sanctuary immigration policies, arguing to the Tenth Circuit that such policies from Colorado and Denver affirmatively obstruct federal immigration enforcement.

  • August 24, 2026

    AT&T, Duke Energy To Arbitrate Pole Rate Dispute

    AT&T and Duke Energy are headed for arbitration in the hopes of settling their dispute over the rates the power company charges the telecom behemoth for pole attachments, the Federal Communications Commission has said.

  • August 24, 2026

    Calif. Takes Trump Admin Pipeline Fight To 9th Circ.

    California has asked the Ninth Circuit to review a district court's rejection of its bid to block the Trump administration's reopening of a controversial coastal oil pipeline, which a judge said was a valid use of federal emergency authority under the Defense Production Act.

  • August 24, 2026

    Aviation Cos. Urge FCC To Pull Ligado Network Order

    The FCC ought to revoke its controversial 2020 order giving Ligado Networks permission to build a mobile satellite network because the company won't be able to build it in a way that meets the "stringent conditions" the agency gave it, a coalition of groups and companies tells the agency.

  • August 24, 2026

    White Nationalist Group Says Probes Violate Free Speech

    A white nationalist association and other related parties have claimed that federal, state and local authorities are violating their constitutional free speech rights by conducting unfair investigations into the group's "whites-only" community in the state.

  • August 24, 2026

    Merck Loses HHS Suit Over Medicare Drug Price Program

    A D.C. federal judge shot down Merck's challenge to the Inflation Reduction Act's Drug Price Negotiation Program on Monday, ruling that the pharmaceutical giant's voluntary participation in connected Medicare and Medicaid programs meant that its inclusion in the negotiation program doesn't constitute an unconstitutional taking.

  • August 24, 2026

    'History And Tradition' Allow For Religious Emails, USDA Says

    The U.S. Department of Agriculture urged a California federal court to toss a suit by federal workers and their labor union accusing the agency's secretary of sending "proselytizing" religious emails to employees, arguing the messages align with the "history and tradition" of public officials making references to religion.

  • August 24, 2026

    DHS Must Face Bias Suit Over Candidate's Ayahuasca Use

    The U.S. Department of Homeland Security can't escape a lawsuit alleging it unlawfully nixed an applicant's job offer because her religious practice includes consuming the psychoactive tea ayahuasca, a Florida federal judge ruled Friday, rejecting the agency's assertion that the court can't review its hiring decisions on national security grounds.

  • August 24, 2026

    DOJ Backs Biotech Co. Against Red Cross At 1st Circ.

    The U.S. Department of Justice is continuing to back a biotech company that accuses the American Red Cross of blocking competition for blood platelet testing, telling the First Circuit the nonprofit is not part of the government and is not immune from the antitrust claims.

  • August 24, 2026

    Colo. Judge Certifies Class In Hospital Gender Care Suit

    A Colorado state judge granted class certification in transgender adolescents' lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming medical care for them and other transgender youth patients.

  • August 24, 2026

    FCC's Trusty Sees Need For Fresh Look At Universal Service

    Since taking a seat on the Federal Communications Commission more than a year ago, Olivia Trusty says her travels around some of the most rural parts of the country have convinced her of a need to bring the FCC's universal service programs up to date.

  • August 24, 2026

    Fed. Circ. Agrees To Speed Up Args In COVID Vax Patent Case

    The Federal Circuit on Monday agreed to accelerate the schedule in a COVID-19 vaccine patent dispute between Moderna and Arbutus Biopharma Corp. by holding arguments in November.

  • August 24, 2026

    Judge Says ICE Skirted Review In CAT Removal Reversal

    A Maryland federal judge ordered the Trump administration to facilitate the return of a Mexican national who testified against drug cartel members, saying the government violated his due process rights by revoking his removal protection after trying to deport him unsuccessfully twice prior.

Expert Analysis

  • Fashion Greenwashing Risk Goes From Reputational To Legal

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    Fashion brands now face greenwashing risks that extend beyond reputational damage, with California's extended producer responsibility law taking effect soon, and regulatory enforcement and class actions increasing around terms like "sustainable" and "carbon-neutral" — so companies must ensure their marketing is backed up by evidence, says Benjamin Thompson at Thompson LLP.

  • Bank Charter Denial Offers Road Map For Stablecoin Issuers

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    The Office of the Comptroller of the Currency's recent denial of Wise's bank charter application signals that stablecoin issuers should expect rigorous scrutiny of anti-money laundering controls, governance, management expertise and affiliate compliance history when applying for federal approval, say attorneys at Katten.

  • Complying With Calif. Crypto License Law's 11th-Hour Rewrite

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    Financial businesses that applied early for the digital asset license now required in California should check their filings and compliance decisions against last-minute updates to the law and its rules, as overlooked changes could leave companies budgeting for nonexistent bonds, relying on an outdated exemption or racking up steep fines, say attorneys at Astraea Counsel.

  • What To Know As DOJ Antitrust Biz Review Letters Return

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    The revival of the U.S. Department of Justice Antitrust Division's business letter review program reflects a trend of engagement with the business community, but the program's value will depend on the government's response speed, depth of analysis and ability to provide meaningful practical guidance, say attorneys at MoFo.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • How Data Broker Laws Are Reaching Consumer-Facing Cos.

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    As states, most recently New Jersey, expand the scope of data broker laws to cover some customer data sharing, consumer-facing companies should reassess advertising, vendor and partner arrangements to determine whether they trigger registration, contracting and governance obligations, says Sam Castic at Hintze Law.

  • How Axing SEC Trade-Through Rule Could Reshape Markets

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    The proposed elimination of a Securities and Exchange Commission rule that mandates a price benchmark for equity securities trades could allow blockchain-based trades to compete with legacy frameworks in registered markets, potentially serving as a test case for updated regulatory models, say Alex Zozos at Superstate, and Lewis Rinaudo Cohen and Edward Leaf at Cahill Gordon.

  • What Regulatory 'Reputation Risk' Purge Means For Banks

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    Banks should expect closer scrutiny of account closures and service denials after federal regulators recently stripped "reputation risk" from supervisory guidance, and should tie customer decisions to documented, objective legal and financial criteria to protect against debanking-related enforcement, say attorneys at Troutman.

  • Student Loan Revamp Leaves Bankruptcy Untouched

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    Recent changes to the Graduate PLUS student loan program may moderate borrowing and simplify repayment, but they may also shift financial distress into a bankruptcy system whose treatment of educational debt remains largely unchanged, say Jaclynn McDonnell at Stevens & Lee.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

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    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

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