Public Policy

  • August 25, 2026

    USPS Violated Block On Mail Ballot Rulemaking, Judge Says

    A Massachusetts federal judge who ordered the U.S. Postal Service earlier this month to stop work on a new rule restricting delivery of some mail-in ballots concluded Tuesday that the USPS flouted her pencils-down nationwide injunction by continuing to develop and promulgate the new rule.

  • August 25, 2026

    Even Dolly Could've Been Barred By Drag Ban, Judge Says

    On the same day the world lost Dolly Parton, a Texas federal judge invoked the iconic singer and philanthropist to again block a law widely seen as a ban on drag performances, saying it's so broad that her "big hair, flamboyant clothes and breast exposure" might run afoul of the measure.

  • August 25, 2026

    Md. Judge Trims Baltimore Bridge Wreck Damages Claims

    A Maryland federal judge has slashed claims from Baltimore, businesses and dockworkers seeking to recover millions in economic losses from the owner and operator of the container ship that slammed into the Francis Scott Key Bridge, saying the nearly century-old Robins Dry Dock rule bars many of their claims.

  • August 25, 2026

    Bid For FCC Preemption 'Dead On Arrival,' Minn. City Says

    A Minneapolis suburb called on the Federal Communications Commission to reject a broadband provider's request for FCC preemption in a local franchise dispute because of court rulings declaring that broadband does not qualify as a telecommunications service.

  • August 25, 2026

    Marijuana Rescheduling Critics Assail Government's Standard

    An attorney with the U.S. Drug Enforcement Administration told an administrative law judge that opponents to cannabis rescheduling could not use agency hearings to challenge federal health regulators' adoption of a new standard for assessing marijuana's medical use.

  • August 25, 2026

    Ed Dept. Must Turn Over Records In Mental Health Grants Row

    A Washington federal judge Monday partly granted a group of states' bid for expedited discovery in their suit over the Trump administration's attempt to cut nearly $1 billion in funding for K-12 mental health grants, finding the information could assist the court before a hearing for a preliminary injunction.

  • August 25, 2026

    Pharmacy Asks Court To Toss Novo Nordisk Semaglutide Suit

    A pharmacy asked a Texas federal judge to toss claims brought by Novo Nordisk Inc. accusing the pharmacy of illicitly compounding a lucrative weight-loss drug called semaglutide, saying Novo Nordisk's complaint amounts to a grievance list against the compounding industry.

  • August 25, 2026

    Missouri Drops Bid To Block Minority Contracting Program

    Missouri Attorney General Catherine L. Hanaway has withdrawn her attempt to block Kansas City's contracting program for minority- and women-owned businesses after the city passed an ordinance repealing the program.

  • August 25, 2026

    Texas Workers Lose Bid To Halt IRS Wage Withholding Rules

    Two workers aren't entitled to injunctive relief from IRS regulations that directed employers to overdeduct taxes from their employees' paychecks, a Texas federal court ruled, saying the pair's injury doesn't outweigh the harm that would result from enjoining the agency from enforcing wage withholding.

  • August 25, 2026

    CFTC, Kentucky Vie For Early Win In Prediction Market Clash

    The U.S. Commodity Futures Trading Commission and Kentucky regulators dueled over whether the state's attempts to tax and limit sports-focused event contracts have harmed the federal agency in competing bids for a quick win in their ongoing dispute over prediction market regulation.

  • August 25, 2026

    Calif. County Drops Pot Fines To End Landowners' Claims

    Humboldt County, California, has agreed to settle a lawsuit with a group of landowners who complained authorities overstepped their powers in an effort to punish allegedly illegal cannabis grow operations, following a Ninth Circuit ruling in 2025 against the county.

  • August 25, 2026

    Tribe, Enviros Challenge Ariz. Copper Project Over ESA Risks

    Arizona's San Carlos Apache Tribe and two conservation groups are seeking to block an exploratory copper mine drilling project in the Galiuro Mountains and Lower San Pedro Watershed, alleging that the federal government wrongly found there were no Mexican spotted owls in the area despite photographic evidence otherwise.

  • August 25, 2026

    Feds Say Ohio Court's Arrest Rule Hampers ICE Efforts

    The Trump administration on Tuesday accused an Ohio county's municipal court of impeding its immigration enforcement efforts, contending the court's rule barring civil arrests in its facilities runs afoul of the U.S. Constitution and Immigration and Nationality Act.

  • August 25, 2026

    Mich. Judge Tosses DOJ Suit Over County Immigration Policy

    A Michigan federal judge has dismissed the Trump administration's lawsuit challenging Washtenaw County policies limiting cooperation with federal immigration authorities, ruling that the federal government cannot compel local officials to help carry out its immigration enforcement. 

  • August 25, 2026

    City Of Austin Backs Improving Emergency Alert System

    The city of Austin, Texas, has asked the Federal Communications Commission to improve its geolocating requirements for emergency alert systems, saying its systems are facing several challenges and require more precise location information.

  • August 25, 2026

    9th Circ. Says Congress Kept NSA Report Outside FOIA

    A Ninth Circuit panel has affirmed the National Security Agency's decision to not grant a Freedom of Information Act request to release a nearly six-decade-old report on the sinking of the USS Liberty.

  • August 25, 2026

    6th Circ. Urged To Affirm Tobacco Fee Suit Toss

    A trade group representing large employee benefit plan administrators wrote in support of insurance giant Progressive at the Sixth Circuit, asking the appellate court to back dismissal of a proposed class action alleging the insurer wrongfully charged workers more for healthcare who used tobacco and refused COVID-19 vaccination. 

  • August 25, 2026

    New Birthright Citizenship Order Defies Justices, Court Told

    A group of noncitizens and immigrant services organizations urged a Maryland federal court Monday to block President Donald Trump's new executive order targeting birthright citizenship following his loss at the U.S. Supreme Court, saying he "cannot unilaterally amend the Constitution."

  • August 25, 2026

    DC Circ. Backs Red Snapper Management Plan

    A D.C. Circuit panel denied a petition from commercial fishers and fish purchasers challenging an annual federal catch limit for South Atlantic red snapper, rejecting their claim that the plan's lack of a limit on dead discards violates federal law and could lead to overfishing.

  • August 25, 2026

    Judge Orders Action On Frozen Immigration Applications

    A California federal judge ordered the Trump administration to process immigration applications from natives of countries subject to entry restrictions under President Donald Trump's travel ban, certifying a class of noncitizens whose filings were frozen under a related policy.

  • August 25, 2026

    Elite Schools Get 7th Circ. Appeal In Aid-Fixing Case

    The Seventh Circuit has agreed to allow several private universities accused of colluding to set financial aid offerings to appeal a ruling certifying a class of students over questions about an economic expert's testimony.

  • August 25, 2026

    Florida AG Slams Bar Complaint Against DHS Counsel

    Florida Attorney General James Uthmeier wrote to the executive director of the Florida Bar to criticize a recent complaint made to the bar against James Percival, general counsel of the U.S. Department of Homeland Security, for attacking judges.

  • August 25, 2026

    DC Circ. Says ESA Review Wasn't Needed For EPA Air Rule

    The D.C. Circuit on Tuesday affirmed the U.S. Environmental Protection Agency's determination that retaining existing air quality standards for nitrogen oxides and particulate matter would not affect animals or plants protected under the Endangered Species Act.

  • August 25, 2026

    Asbestos Firm Objects To Connecticut's New Suit Filing Plan

    A Connecticut plaintiffs firm specializing in mesothelioma litigation has asked a Superior Court administrative panel to reconsider a decision to move all asbestos cases to the Complex Litigation Docket in Hartford.

  • August 25, 2026

    NY Telecom Faces Call Traffic Blocking, FCC Warns

    A New York-based telecom has apparently been sending illegal calls from abroad over its network and faces the possibility of downstream providers blocking all of its traffic, the Federal Communications Commission said.

Expert Analysis

  • 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.

  • 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.

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