Public Policy

  • August 31, 2026

    Calif. Passes Bills To Limit Tracking Suits, Boost Privacy

    California lawmakers have sent to the governor's desk legislation that would block private litigants from bringing website tracking lawsuits under a key provision of the state's wiretap law, as well as a separate pair of bills to expand protections under the state's data privacy law. 

  • August 31, 2026

    6th Circ. Splits On Tenn. Social Media Age-Verification Law

    A split Sixth Circuit panel said a lower court should have blocked Tennessee's age-verification law for social media platforms while an internet industry group challenged the statute, finding the group had shown it would be harmed by compliance costs and the loss of free speech liberties.

  • August 31, 2026

    Parler Backers Hijacked Social Media Co. From CEO, Jury Told

    Stakeholders of defunct microblogging app Parler, including hedge fund scion Rebekah Mercer and former deputy FBI director Dan Bongino, allegedly schemed to strip the social app's cofounder of his CEO role and his 40% stake, a Nevada jury heard in opening arguments in a $100 million contract trial Monday.

  • August 31, 2026

    3rd Circ. Says History Backs NJ Telehealth License Rule

    The Third Circuit on Monday upheld New Jersey's requirement that out‑of‑state physicians obtain a state medical license before consulting with in-state patients via telemedicine, concluding that the rule fits a centuries‑old tradition of regulating medical practice and does not trigger strict First Amendment scrutiny.

  • August 31, 2026

    Controversial Tweak To Calif. Antitrust Law Heads To Newsom

    A bill that would expand California's Cartwright Act to allow the state to pursue monopoly and monopsony claims against a solo company, instead of requiring multicompany coordinated conduct, is headed to Gov. Gavin Newsom's desk after state lawmakers passed a narrowed version of the controversial measure Sunday.

  • August 31, 2026

    SEC, FDA Enter Info-Sharing Pact To Bolster Enforcement

    The U.S. Securities and Exchange Commission and U.S. Food and Drug Administration are looking to bolster information-sharing related to FDA-regulated products in a bid to help each other in their respective oversight and compliance efforts, according to a three-year memorandum of understanding the agencies announced Monday.

  • August 31, 2026

    Trump Admin Fights Broad Block Of New Birthright Order

    The Trump administration is asking a Maryland federal judge to limit any forthcoming injunction of the White House's new birthright citizenship order to a narrow temporary restraining order applying only to new order's "alien-enemy" and "birth-tourism" categories, after the judge said Friday that plaintiffs challenging the order face irreparable harm.

  • August 31, 2026

    Oregon Packaging Law Survives Constitutional Challenge

    An Oregon federal judge ruled against a national trade association's challenge of an Oregon law that imposed recycling system costs on producers of packaging materials, rejecting arguments that it was unconstitutional.

  • August 31, 2026

    Sec. Of State Can't Deport Students For Speech, Judge Says

    A California federal judge has ruled in a suit from Stanford University's student newspaper that provisions of federal immigration law the Trump administration used to cancel the visas of pro-Palestinian students and try to deport them violate the First Amendment and due process.

  • August 31, 2026

    Mich. Court Upholds 2 Probate Ballot Decisions

    A Michigan state appeals court on Friday issued rulings in two disputes over the November ballot for the Wayne County Probate Court, allowing Vanessa Moss to remain on the ballot while affirming the exclusion of Susan L. Hubbard, in separate challenges over campaign finance filings and nominating petition signatures. 

  • August 31, 2026

    State Dept. Must Detail Efforts To Restart Visa Processing

    A New York federal judge said Monday she wants to know what steps the government is taking to process immigrant visa applications it halted in January, when it paused immigrant visa issuance for people from 75 countries over public charge concerns.

  • August 31, 2026

    FCC Fines Undersea Cable Cos. For Expired Landing Licenses

    The Federal Communications Commission inked a deal with a submarine cable company and its three co-licensees to end an investigation into their failure to renew their licenses on time, with the quartet agreeing to split a $45,000 fine.

  • August 31, 2026

    House Passes Bill To Curb Secret Prosecutor Orders

    The House passed a bipartisan bill via voice vote Monday afternoon to add transparency to prosecutors' use of nondisclosure orders for telephone service providers.

  • August 31, 2026

    House Passes Bill Adding Texas, California Court Sites

    The House voted 378-10 on Monday evening to expand access to federal courts in Texas and California, the two most populous states in the nation.

  • August 31, 2026

    5th Circ. Judges Cast Doubt On Fight Over La. LNG Permit

    A Fifth Circuit panel on Monday expressed skepticism that environmental groups had standing to challenge Louisiana's approval of a preconstruction permit for a major liquefied natural gas export terminal in Cameron Parish.

  • August 31, 2026

    States Ask Fed. Circ. To Revive Their Temporary Tariff Claims

    Two dozen states pushed the Federal Circuit on Monday to revive their specific claims against now-expired temporary tariffs while simultaneously pushing the panel to otherwise back the U.S. Court of International Trade's ruling that the tariffs were illegal.

  • August 31, 2026

    9th Circ. Revives Salvadoran's Bid For Torture Protection

    The Ninth Circuit has faulted the Board of Immigration Appeals for creating a "quantitative evidence" requirement in assessing a Salvadoran's bid under the Convention Against Torture to avoid deportation to El Salvador, saying that no such requirement exists.

  • August 31, 2026

    Judge Rejects AstraZeneca's Attack On Colo. 340B Law

    A Colorado federal judge on Monday granted the state's motion to dismiss AstraZeneca's complaint challenging a state law that expands distribution of drugs discounted through a federal program, finding that the state law isn't preempted or unconstitutional.

  • August 31, 2026

    Florida Wants Discovery Pause In Trump Library Transfer Suit

    The state of Florida and The Donald J. Trump Presidential Library Foundation on Monday sought to shut down discovery in a Florida federal lawsuit challenging the state's donation of a downtown Miami college site to President Donald Trump as a violation of the constitution's ban on domestic emoluments.

  • August 31, 2026

    Mass. Police Department Opposes FCC Drone Restriction

    A Massachusetts police chief is asking the Federal Communications Commission to reconsider banning people from buying foreign-made military-grade drones, saying law enforcement can use them to find missing people much more quickly than human search groups.

  • August 31, 2026

    9 More Drug Cos. Make Pricing Agreements With US

    Nine more branded drug manufacturers reached deals cutting prices on their medications, President Donald Trump announced Monday, with nearly 90% of such products now being covered by "most-favored nation" deals in the United States.

  • August 31, 2026

    GOP Asks Justices To Lift Block In Campaign Ad Pricing Case

    Republican fundraising committees have asked the U.S. Supreme Court to lift a Fourth Circuit order blocking the Federal Communications Commission from extending discounted television and radio advertising rates to committees that buy spots in coordination with political candidates, arguing the lower court prematurely jumped into the review process.

  • August 31, 2026

    'Reality Check' Needed For E-Rate, Says Ex-FCC Commish

    A former member of the Federal Communications Commission pushed Monday for a complete review of the E-Rate program for school and library telecom discounts, asking if instead of helping students learn, it's "doing harm."

  • August 31, 2026

    Ex-Ga. Deputies Can't Escape Stun Gun Death Suit, Court Told

    The sister of a man who died after being shot with a stun gun during a confrontation with law enforcement nearly a decade ago told a Georgia federal court the sheriff's deputies can't win summary judgment in a lawsuit she filed since her claims were "quintessentially" for a jury.

  • August 31, 2026

    DOJ Says Federal Law Permits Challenge Of Denver Gun Ban

    The Trump administration urged a Colorado federal judge Monday not to toss its challenge of the city of Denver's ordinances that ban assault weapons and large-capacity magazines, contending a federal law allows the administration to seek injunctive relief.

Expert Analysis

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • 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.

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