Public Policy

  • October 08, 2026

    Dodd-Frank Act Is Focus Of Latest Amici In NJ-Kalshi Case

    Multiple amici, including the drafter of the Dodd-Frank Act, weighed in on New Jersey’s petition for the U.S. Supreme Court to review the regulation of prediction markets and sports betting, saying the statute was not meant to displace state gambling laws.

  • October 08, 2026

    Duke Energy, Tech Giants Ink Data Center Cost Deal

    Duke Energy announced that it has reached a deal with North Carolina regulators, Amazon, Meta, Microsoft, Google and others to beef up existing protections to ensure ratepayers won't be burdened with costs incurred from data centers and other large-load customers in the Tar Heel State. 

  • October 08, 2026

    Wash. Attorney General Names New Tacoma Division Head

    Insurance litigator Jason Dickey-North will take over as the new chief of the Washington Attorney General's Office's Tacoma division, succeeding Laura Wulf, who's set to retire at the end of 2026, Attorney General Nick Brown announced Thursday.

  • October 08, 2026

    High Court Urged To Keep Prison Trans Care Ban Blocked

    The U.S. Supreme Court should decline the Trump administration's request to disturb a district court order barring the Federal Bureau of Prisons from enforcing a gender dysphoria care ban, a group of transgender individuals incarcerated in BOP facilities argued Thursday.

  • October 08, 2026

    Feds Say End Of Chevron Deference Justifies ESA 'Harm' Rule

    The U.S. Fish and Wildlife Service and National Marine Fisheries Service told California and South Carolina federal judges that the Trump administration's redefinition of "harm" under the Endangered Species Act was permissible after the overturning of Chevron deference.

  • October 08, 2026

    DC Circ. Won't Rehear Ruling Blocking Fla. Wetlands Permits

    The D.C. Circuit has denied a petition from the federal government for an en banc rehearing of a previous court decision vacating the EPA's authorization for Florida to run a Clean Water Act permitting program for dredging and filling wetlands.

  • October 08, 2026

    Top Groups Lobbying The FCC

    Lobbying efforts at the Federal Communications Commission spiked in September as companies and interest groups looked to sway FCC policies on issues such as modernizing the phone networks, Lifeline reform, environmental rules, satellite spectrum and more.

  • October 08, 2026

    FBI Turns To UFC To Help Train Its Agents

    The FBI is going to enlist Ultimate Fighting Championship to train its special agents in defense technical techniques focusing on mixed martial arts, the agency has said.

  • October 08, 2026

    Md. Judge Again Finds DHS Breached Asylum Settlement

    A Maryland federal judge ruled Thursday that the U.S. Department of Homeland Security has continued to violate a class action settlement protecting asylum seekers who entered the U.S. as unaccompanied minors, ordering the agency to stop opposing the asylum seekers' bids to pause deportation cases.

  • October 08, 2026

    Trade Court Certifies Broad IEEPA Tariff Refund Class

    The U.S. Court of International Trade granted a broad class certification for importers subjected to President Donald Trump's now-invalidated global tariff regime Thursday in a move the judge said he hopes will ensure all such tariffs are refunded.

  • October 08, 2026

    Senators Say Ticket Brokers Can't Pry Into Their Emails

    Two U.S. senators have told a Maryland federal court that a ticket broker cannot force them and their staff to comb through their communications "in the hope of uncovering stray remarks" to support the company's interpretation of the law the FTC is suing it for violating.

  • October 08, 2026

    Calif. Insurance Chief Hopefuls Debate Fix For Fire Market

    The two Democratic candidates running to be California's top insurance regulator clashed in a debate over whether fire insurance should be reformed within the private market or become the remit of a public system of disaster insurance.

  • October 08, 2026

    FCC Dem Slams 'Dark Money' Plan For Political Robocalls

    The FCC spends a lot of time trying to do something about the billions of illegal robocalls Americans are pelted with every month, but the agency is currently considering a proposal to relax the current rules on political robocalls ahead of the November midterms — to the chagrin of the commission's lone Democrat.

  • October 08, 2026

    Public Denied Access To Colo. Secretary's Swipe Records

    A conservative nonprofit organization won't get access to office badge swipe records from the Colorado secretary of state after a state court judge on Thursday found the records were protected under the Colorado Open Records Act.

  • October 08, 2026

    Fla. Judge Says Oct. 7 Attack Was 'Inflection Point' For U.S.

    U.S. District Judge Roy K. Altman addressed a small group of attorneys in a Florida law office to speak on his book about the October 2023 Hamas-led attack on Israel, saying public debate over facts surrounding the event and underlying feud has reached an "inflection point" in America.

  • October 08, 2026

    Ex-Patent Commissioner Joins IP Advocacy Group Board

    The U.S. Patent and Trademark Office's former acting patent division leader has been named as a new advisory board member of the Council for Innovation Promotion after leaving the agency in April, the advocacy group has announced.

  • October 08, 2026

    US Atty Video Lets Harvard Researcher Probe Motive

    A rare video statement released by Massachusetts U.S. Attorney Leah Foley after her office charged a Russian national and Harvard researcher with smuggling frog embryos last year could be seen as "objective evidence" that the prosecution was driven by vindictiveness, a federal judge said on Thursday.

  • October 08, 2026

    GAO To Investigate CFTC Staffing Cuts After Warren Request

    The U.S. Government Accountability Office will investigate the impact of staffing cuts at the U.S. Commodity Futures Trading Commission, after Sen. Elizabeth Warren, D-Mass., urged the watchdog agency to probe whether the cuts impacted the CFTC's ability to fulfill its responsibilities and whether they are legally sound.

  • October 08, 2026

    Colo. Landowners Sue To Block Data Center

    Colorado landowners sued Weld County and a data center developer, alleging that the county unlawfully approved the first phase of what they say will be the state's largest data center despite concerns about its water and electricity needs, noise pollution and violations of public meeting requirements.

  • October 08, 2026

    NCUA's 2-Week Leadership Gap Draws Senate Dem Scrutiny

    The Senate Banking Committee's top Democrat is seeking more details on an unusual gap in leadership that took place this summer at the National Credit Union Administration, questioning how the agency continued to function with an empty governing board.

  • October 08, 2026

    FTC's Meador Urges EU To Adopt Case-By-Case Enforcement

    Federal Trade Commission member Mark Meador on Thursday argued digital market rules in the U.K. and the European Union undermine international cooperation with U.S. antitrust and consumer protection enforcers, in the latest Trump administration admonishment of the policies.

  • October 08, 2026

    DOJ Says Denver's Mask Ban Threatens Officers' Safety

    The Trump administration sued the city of Denver and its officials in Colorado federal court Thursday, alleging the city's new ordinance that bans facial coverings for federal law enforcement officers is unconstitutional and threatens officers' safety.

  • October 08, 2026

    USPTO Plan To Limit AIA Reviews Is In White House's Hands

    Rules proposed by the U.S. Patent and Trademark Office to place new limits on patent challenges are being scrutinized by a White House agency, which has held dozens of meetings with groups advocating for and against the plan in recent weeks.

  • October 08, 2026

    Coastal County Tells Texas Justices It's Free To Tax Stored Oil

    A Texas county's property tax on stored oil that companies said was bound for export doesn't violate the import-export clause of the U.S. Constitution, the county told the state's high court Thursday, saying a significant amount of oil remained in the state.

  • October 08, 2026

    DOT Tells 2nd Circ. Congestion Pricing Fight In Wrong Court

    The Trump administration doubled down on its efforts to eliminate New York's congestion pricing, telling the Second Circuit that the underlying contract dispute was heard in the wrong court and that it shouldn't be handcuffed to now-disfavored policies of earlier administrations anyway.

Expert Analysis

  • Opinion

    Md. Court Got Ad Tax Similarity Analysis Wrong

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    Decisions striking Maryland’s digital advertising tax are fundamentally flawed because the Maryland Tax Court found similarity between digital ads and other ads without considering deep market distinctions, says Darien Shanske at UC Davis School of Law.

  • Opinion

    NC Litigation Funding Ban Sets Model For Other States

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    States worried about rising liability costs and the commercialization of their courts should treat North Carolina's recently enacted litigation funding ban as a model because a prohibition adequately addresses the distortion that disclosure only documents, say attorneys at McAngus Goudelock.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • Planning For The Impact Of FinCEN's CTA Rollback

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    The Financial Crimes Enforcement Network's recent rollback of Corporate Transparency Act reporting obligations should reduce compliance costs, but its plans to revisit customer due diligence rules should prompt companies and financial institutions to reassess state beneficial ownership programs, say attorneys at Sidley.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • EPA Guidance May Simplify On-Site Power For Data Centers

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    At a moment when wait times to connect large loads to the electric grid can stretch into years, two recent U.S. Environmental Protection Agency guidance documents seek to make it easier for data center developers to set up on-site power generation — but much will depend on how quickly states and localities update their own rules, say attorneys at Alston & Bird.

  • Fed's Capital Rule Proposal Could Help Banks Stay Mutual

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    The Federal Reserve Board's recent proposal to comprehensively rewrite its capital rule and reduce procedural requirements for mutual holding companies would support community banking by allowing mutual institutions new ways to fund growth without converting to stock form, say attorneys at Nutter.

  • 8(a) Firms Face New Risks From Pass-Through Arrangements

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    ​Prime contractors and subcontractors with pass-through arrangements involving the Small Business Administration's 8(a) business development program should ensure they are prepared for heightened litigation risks created by the administration’s use of False Claims Act whistleblowers to target fraud in diversity, equity and inclusion programs, say attorneys at RJO.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • CISA Town Halls Signal Key Cyber Rule Changes Ahead

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    The Cybersecurity and Infrastructure Security Agency recently held a series of town halls to gather additional stakeholder input on the Cyber Incident Reporting for Critical Infrastructure Act, offering potential insights into how the agency may address key issues in a forthcoming final rule, say attorneys at Covington.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Home Equity Products Face Expanding Regulatory Patchwork

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    Home equity investment providers, which have recently come under scrutiny from regulators and industry groups, face meaningful burdens as the U.S. Senate and a growing number of states take divergent regulatory approaches, with no uniform standard likely anytime soon, say attorneys at Bradley.

  • How Orbital Data Centers May Test NEPA's Reach

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    With environmental and scientific groups recently pushing back against the Federal Communications Commission's proposal to exempt massive data center satellite constellations from review under the National Environmental Policy Act, the question of whether NEPA even applies to projects in space turns on three closely related issues, say attorneys at Morgan Lewis.

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