Public Policy

  • September 18, 2026

    Fugitive Ex-Conn. Official Sues To Keep His Pension Flowing

    Former Connecticut budget official Konstantinos Diamantis sued the state attorney general and comptroller Friday in federal court to keep his government pension payments flowing despite fleeing the U.S. ahead of a court hearing that could have ended with a decade-long prison sentence on corruption charges.

  • September 18, 2026

    Colo. Judge Mulls Sanction For Hospital In Gender Care Suit

    Transgender adolescent patients of Children's Hospital Colorado told a state judge the court must sanction the hospital for refusing to resume providing gender-affirming medical care for transgender youth patients, saying Friday that "nothing has changed" since the patients filed their January lawsuit.

  • September 18, 2026

    1st Circ. Backs Notice Requirement For 3rd-Country Removals

    The First Circuit on Friday largely rejected the Trump administration's challenge to limits on its so-called third country removal policy, leaving in place a lower court's order requiring deportees to be given advance notice and a meaningful opportunity to challenge a destination where they may face persecution or torture.

  • September 18, 2026

    Keeping Google Ad Tech Biz Intact 'Not A Close Call'

    The Justice Department Antitrust Division and Federal Trade Commission are now 0-3 in their efforts to break up major technology companies, and with monopolization trials still ahead against Amazon.com and Apple, observers say a Virginia federal judge's newly unsealed ruling underscores the legal and practical difficulties of those efforts.

  • September 18, 2026

    AI 'Brainrot' Fight Tests Copyright, TM Reach Of Viral Memes

    A bat-wielding wooden drum named Tung Tung Sahur is raising questions Mickey Mouse, Godzilla and James Bond never posed: Can a "brainrot" character created using artificial intelligence be protected by copyright, and can it later function as a trademark if it went viral before anyone used it as a brand?

  • September 18, 2026

    Newsom Convenes AI Safety Panel To Mull 'Kill Switch' Law

    California Gov. Gavin Newsom on Friday ordered the prompt creation of an artificial intelligence safety panel to hasten the implementation of various potential AI safety and security laws, including a proposed measure that would require companies to develop a "kill switch" for their AI models.

  • September 18, 2026

    DOJ Revises Policies Over False Claims Act Suits

    The U.S. Department of Justice issued revisions Friday to department policy governing False Claims Act lawsuits, emphasizing that agency guidance documents have limited effect and that the government should continually assess whether to seek dismissal of qui tam actions.

  • September 18, 2026

    7th Circ. Skeptical Of Bid To Block Ill. 'Captive Audience' Ban

    Two interest groups asking the Seventh Circuit to revive their challenge to an Illinois law banning captive audience meetings by employers faced pointed questions Friday about whether the law has injured them at all, with one judge saying their suit is based on a "series of ifs."

  • September 18, 2026

    9th Circ. Decertifies Class Of Ore. Transgender Prisoners

    The Ninth Circuit has reversed class certification for a group of transgender incarcerated people, finding that they had not shown that the Oregon Department of Corrections has systemically targeted trans women by housing them in male-only facilities.

  • September 18, 2026

    Employers See Moving Targets With H-1B Fee, And New Limits

    The Trump administration on Friday ordered federal agencies to scrutinize H-1B employers that have laid off U.S. workers, adding another layer of uncertainty for employers seeking to recruit highly skilled foreign workers.

  • September 18, 2026

    FTC Chair Defends Overlapping Antitrust Authorities

    Federal Trade Commission Chair Andrew Ferguson on Friday defended his agency's continuing role as an antitrust enforcer despite a U.S. Supreme Court decision that weakened the agency's independence and left it as beholden to the White House as its counterpart at the U.S. Department of Justice.

  • September 18, 2026

    9th Circ. Asks Wash. Justices About Indirect Employer Claims

    A Ninth Circuit panel has asked the Washington State Supreme Court to clarify whether the state's law permits common law wrongful firing claims against indirect employers and certain individuals, saying the answers are key to assessing a former solar company CFO's claim he was unjustly ousted by a private equity backer.

  • September 18, 2026

    Judge Questions Whether 'Lawfare' Fund Fight Is Really Moot

    A Virginia federal judge seemed unlikely to toss a challenge to the Trump administration's nixed "Anti-Weaponization Fund" and tax audit immunity for the Trump family Friday, saying she worries the fund could be revived in a different form down the road.

  • September 18, 2026

    Kalshi Loses Bid To Lift Wash. Event Contracts Ban

    Kalshi can't lift an injunction currently barring its operations in Washington, a King County Superior Court judge ruled, denying the prediction market's request to reconsider an August order blocking the company from offering most event contracts to state residents.

  • September 18, 2026

    4th Circ. Punts Decision On Forcing FCC Political Ad Ruling

    The Fourth Circuit deferred action Friday on a request from Democrats to force a Federal Communications Commission ruling on whether broadcasters have to charge the lowest broadcast ad rates for political committees tied to candidates.

  • September 18, 2026

    CIA Officers Urge 4th Circ. To Reject DEI Firings Rehearing

    Career intelligence officers fighting their terminations following the Trump administration's anti-DEI executive orders told the Fourth Circuit Thursday that there's no point in granting an en banc rehearing of a panel's order allowing them to internally appeal the firings, arguing the panel's ruling has limited application beyond their own case.

  • September 18, 2026

    Dems Seek Probe Of Suspect Comments On DOL Proposal

    A trio of Democratic lawmakers urged the federal government to open a probe into reports that a U.S. Department of Labor proposal to expand retirement plans' access to alternative investments was flooded with fake comments, asserting the allegations raise questions about whether the public comment process has been corrupted.

  • September 18, 2026

    USDA Disclosure Rule Could Snag Energy Project Deals

    Energy infrastructure projects could be subject to sweeping foreign ownership disclosure requirements under a proposed rule from the U.S. Department of Agriculture, injecting more uncertainty into acquisition, investment and development deals.

  • September 18, 2026

    Wayne State Beats Doctor's Race Bias Suit Over Chair Job

    A Michigan federal judge tossed a Black physician's discrimination and retaliation lawsuit against Wayne State University and several officials over his unsuccessful bid to become permanent chair of the medical school's obstetrics and gynecology department, finding that he never formally applied for the job.

  • September 18, 2026

    US Asks Fed. Circ. To Reverse COVID-Era Tax Deadline Ruling

    The government asked the Federal Circuit to overturn a U.S. Court of Federal Claims decision allowing a taxpayer to recover penalties and interest he sought refunds for during the COVID-19 pandemic, saying the claims court wrongly interpreted a statutory 60-day extension as having lasted over three and a half years.

  • September 18, 2026

    CFTC Sends Crypto Rules To White House After Bill Stalls

    The U.S. Commodity Futures Trading Commission sent a crypto rule proposal to the White House for review, pushing forward with plans to craft a regulatory framework for digital assets after a landmark bill failed to advance in the U.S. Senate.

  • September 18, 2026

    Patent Atty Can't Stop His USPTO Discipline Case

    An Ohio federal court rejected a patent attorney's suit looking to stop U.S. Patent and Trademark Office disciplinary proceedings against him, saying Friday that he misread a "plain, unambiguous and easily understood" statute in making his failed constitutional challenge.

  • September 18, 2026

    NC Judge Exempts Data Center Developer From 1-Year Ban

    A state judge rejected a one-year moratorium on new data center projects that officials in Chatham County, North Carolina, enacted in February after a developer pitched a 750-megawatt project serving cryptocurrency mining operations, spending $11 million on the plan.

  • September 18, 2026

    DOI Says No Irreparable Harm In Casino Gaming Status Case

    A lawyer for the U.S. Department of the Interior told a D.C. federal judge on Friday that the Scotts Valley Band of Pomo Indians was warned several times not to rely on a 2025 gaming eligibility determination that the agency was reconsidering, but the band nevertheless went forward with opening a limited casino operation on the property.

  • September 18, 2026

    OpenAI Can't See SpaceXAI, Apple Antitrust Settlement Terms

    OpenAI cannot access a confidential settlement between Elon Musk's SpaceXAI and Apple Inc. over SpaceXAI's antitrust lawsuit challenging Apple's integration of OpenAI's ChatGPT into its devices, a Texas federal court has ruled, finding the settlement isn't relevant to the case against OpenAI.

Expert Analysis

  • Ensuring Eligibility For Data Center Sales Tax Breaks

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    As states compete to lure data centers, sales tax exemptions are an important component of many incentive packages — but companies must ensure that projects not only qualify for exemptions on paper, but also can preserve and prove their eligibility through the planning, construction and operation phases, says Peter Lowy at Nelson Mullins.

  • Cos. Should Act Now After US Ruling Reopens EU Data Fight

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    The U.S. Supreme Court's recent decision in Trump v. Slaughter may have inadvertently undermined the EU-U.S. Data Privacy Framework, and given the importance of data transfers for U.S. businesses, companies should start preparing for a scenario in which the framework is no longer enforceable, says Fernanda Pires Merouço at Davis Wright.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • FDIC Proposals Mark Pullback In Bank Resolution Rules

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    A recent pair of Federal Deposit Insurance Corp. proposals would fundamentally reshape testing of banks' resolution-related capabilities from a mandatory exercise to a voluntary one supported by significant financial incentives, amounting to an overall reduction in reporting requirements, say attorneys at Moore & Van Allen.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • EEOC Enforcement Plan Signals DEI, Religious Bias Scrutiny

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    In light of the U.S. Equal Employment Opportunity Commission recently publishing its national enforcement plan covering through fiscal year 2029, employers should expect increased scrutiny of practices that conflict with the administration's positions on diversity, equity and inclusion, national origin discrimination, and religious accommodations, say attorneys at Morgan Lewis.

  • Immigration Order Raises Customer ID Stakes For Banks

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    Following a recently issued immigration-related executive order, financial institutions should expect and prepare for increased scrutiny of customer due diligence and identification, suspicious activity monitoring, and consumer lending, as well as accompanying supervisory shifts and rising fair lending risks, says Douglas Weissinger at Butler Snow.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

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    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

  • 2 Microsoft Matters Could Help Shape AI Antitrust Outlook

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    A pending federal court case and investigation focusing on Microsoft's allegedly anticompetitive conduct in the deployment of artificial intelligence tools are testing whether antitrust law can distinguish ordinary competition to supply the AI ecosystem from conduct that distorts how that competition unfolds, says Kylie Kim at Massey & Gail.

  • Preparing For Next Congress With Eye On Investigation Risk

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    Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

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