Public Policy

  • September 16, 2026

    10th Circ. Clears The Way To Fill Denver's Expanded Reservoir

    The Tenth Circuit has cleared the way for Denver Water to begin filling an expanded reservoir that holds the city's water supply, finding the U.S. Army Corps of Engineers did not err when approving a permit for the project.

  • September 16, 2026

    Pa. Justices Ask When Canes, Hot Dogs Become Crime Tools

    Pennsylvania's justices contemplated pummeling one another with canes, gavels and hot dogs as they grappled with what transforms a mundane object into an "instrument of crime" during arguments Wednesday.

  • September 16, 2026

    Conn. Judge Trims Claims In 3M Firefighter PFAS Suit

    A Connecticut federal judge has dismissed some "forever chemicals" allegations lodged against 3M Co. by state firefighter unions and firefighters in a Minnesota multidistrict litigation concerning municipalities that purchased firefighting turnout gear, ruling that the unions lack associational standing over certain claims in the case.

  • September 16, 2026

    6th Circ. Ruling Puts Cannabis Deals In Question

    The Sixth Circuit's decision reversing a $31.8 million jury judgment against cannabis giant Curaleaf on the grounds that marijuana is federally illegal is bound to have ramifications for industry players who seek redress in federal courts, attorneys told Law360.

  • September 16, 2026

    EU Eyes Canada As First Associate Member Amid Rift With US

    The European Union may take steps to include Canada as its first associate member in the wake of growing U.S. trade uncertainty, European Commission President Ursula von der Leyen said Wednesday.

  • September 16, 2026

    Cannabis Venture Says Township Caved To Public Pressure

    A pair of companies alleged in a federal lawsuit Tuesday that the planning board of a New Jersey township unlawfully torpedoed their plan to open a marijuana cultivation facility because of community hostility to the plan.

  • September 16, 2026

    Underdog Sues To Stop Conn. Crackdown On Event Contracts

    The prediction market operator Underdog has joined a growing legal fracas with Connecticut officials who are trying to shut down alleged online sports betting in the state, arguing in a new federal lawsuit that only the U.S. Commodity Futures Trading Commission has jurisdiction over such companies.

  • September 16, 2026

    Trade Court OKs Korean Pipe Duties In Decade-Long Dispute

    The U.S. Court of International Trade backed the latest U.S. Department of Commerce determination in a long-running challenge to antidumping duties on imports of South Korean pipes that first started in 2016, finding the department properly used a new pricing test.

  • September 16, 2026

    Minn. Court Drops $22M From Wells Fargo Tower's Tax Value

    A Wells Fargo office tower in Minneapolis was overvalued by $22 million by the local assessor, the Minnesota Tax Court said, looking at the sales prices of the building itself and applying calculations that it called for in a previous order.

  • September 16, 2026

    DOJ Fights Acquittal Motion Following Okla. Bid-Fixing Verdict

    The U.S. Department of Justice is urging an Oklahoma federal court to reject an acquittal bid from a man convicted of participating in an erosion control company's bid-rigging conspiracy that allegedly affected over $100 million in publicly funded transportation construction contracts.

  • September 16, 2026

    5th Circ. Says EPA Went Too Far With Chemical Ban

    The Fifth Circuit has sided with a group of chemical companies and vacated a U.S. Environmental Protection Agency rule that banned nearly all uses of methylene chloride, saying the agency went too far in evaluating the substance as a whole instead of its uses.

  • September 16, 2026

    Senate Panel Weighs 6 Trump Judicial Picks From Red States

    Six nominees for U.S. district judge appeared before the Senate Judiciary Committee on Wednesday for their nomination hearing.

  • September 16, 2026

    NGOs Petition Burnham For Wealth Tax Ahead Of Budget

    Prime Minister Andy Burnham should introduce a tax to target "extreme wealth" in the upcoming autumn budget, a coalition said Wednesday.

  • September 15, 2026

    DOJ Says Fed Law Preempt Colo., Denver Efficiency Mandates

    The Trump administration told a Colorado federal court Tuesday that federal law preempts Colorado and the city of Denver's regulations on greenhouse gas emissions from buildings, backing a magistrate judge who recommended that a lawsuit challenging the regulations proceed.

  • September 15, 2026

    DOJ Says States Could Owe Bond In Paramount Merger Case

    The U.S. Department of Justice said Tuesday that a coalition of state attorneys general and the Writers Guild of America could indeed be required to put up a bond as they challenge Paramount's acquisition of Warner Bros. Discovery, but only if the order they secured truly constitutes an injunction.

  • September 15, 2026

    Brothers Seek Justices' Clarity After Losing Stolen Skull Suit

    Two brothers who lost their bid to hold an Illinois county liable for a former coroner's secret skull-collecting practices asked the U.S. Supreme Court Monday to use their case as the vehicle for settling a deep circuit split they say a recent Seventh Circuit ruling "cemented."

  • September 15, 2026

    DC Circ. Vexed Over Migrant Kid Sponsor Approval Timeframe

    The D.C. Circuit tore into the Trump administration Tuesday morning after a government attorney refused to answer how long an Office of Refugee Resettlement approval of a sponsor for an "unaccompanied" child lasts, even when the court whittled the time down to a matter of hours.

  • September 15, 2026

    Alaska Judge Defers To Army Corps In Gold Mine Permit Row

    An Alaska federal judge has told tribal and environmental groups that they failed to show the U.S. Army Corps of Engineers improperly approved a Clean Water Act permit allowing JT Mining Inc. to develop access to a mineral exploration site on privately owned land in Lake Clark National Park.

  • September 15, 2026

    Lender Alleges Housing Official Ran $2.4M Ponzi Scheme

    A real estate investment firm has accused the former executive director of a Connecticut town's housing authority of operating a Ponzi scheme that caused a $2.4 million loan to "vanish," alleging he and an associate made fraudulent assurances about proposed bonds, account balances, property values and other financing.

  • September 15, 2026

    States Say DOJ Trans Care Crackdown Is Unconstitutional

    States suing the Trump administration have urged a Massachusetts federal judge to strike down directives calling for providers of gender-affirming care to be investigated and prosecuted by the U.S. Department of Justice, arguing the directives are arbitrary and capricious and violate the Tenth Amendment.

  • September 15, 2026

    OpenAI Wants To See Details Of SpaceXAI's Deal With Apple

    OpenAI filed an emergency motion Tuesday in Texas federal court seeking the details of a settlement SpaceXAI inked this week with Apple over claims that Apple's deal to integrate ChatGPT into the iPhone violated antitrust law, saying the terms of the deal may undermine the antitrust allegations SpaceXAI is still pursuing against OpenAI.

  • September 15, 2026

    4th Circ. Probes Party Standing Over FERC Grid Planning Rule

    The Fourth Circuit on Tuesday appeared inclined to uphold the Federal Energy Regulatory Commission's broad grid planning overhaul amid a raft of challenges from certain states, transmission providers and consumer advocates, with standing issues taking center stage.

  • September 15, 2026

    Fla. Judge Won't Pause Trump-IRS Settlement Sanctions

    The Florida federal judge who barred President Donald Trump and others from citing a settlement resolving what she characterized as a sham $10 billion case against his own Internal Revenue Service won't pause her sanctions order while the president appeals to the Eleventh Circuit.

  • September 15, 2026

    Walmart, Retail Groups Doubt Value Of $200B Swipe Fee Deal

    Major retail trade associations and Walmart are objecting to a $200 billion settlement over Visa and Mastercard swipe fees in New York federal court, saying the court should decertify the class or at least allow opt-outs so merchants can preserve "valuable claims that class counsel are trading away for nothing."

  • September 15, 2026

    AG Pushes Data Center Rates To Protect NC Customers

    The attorney general of North Carolina urged the state's Utilities Commission to create a new rate class for Duke Energy's data center customers, saying it would ensure they pay their fair share of energy use.

Expert Analysis

  • 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.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

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