Public Policy

  • August 27, 2026

    DC Circ. Says Challenges To Pa. Power Plant Orders Can Wait

    A D.C. Circuit panel granted the Trump administration's push to pause consolidated cases challenging orders that blocked a Pennsylvania power plant from retiring while litigation over similar orders involving a Michigan power plant play out.

  • August 27, 2026

    Dems Say DOJ Opinion Aims To Foil Oversight Of White House

    With midterm elections right around the corner, Senate Democrats are worried the new legal opinion from the U.S. Department of Justice could let the Trump Administration obstruct congressional oversight of the White House.

  • August 27, 2026

    NLRB Seeks To Permanently Block Calif. Fill-In Law

    The National Labor Relations Board urged a California federal court to bar a state law allowing the state labor board to perform certain duties if the national board cannot, arguing that recent decisions in other cases "confirmed" the court should find the law is preempted.

  • August 26, 2026

    5th Circ. Upholds Drug Negotiations In Blow To Big Pharma

    Medicare's landmark program of drug price negotiations doesn't flout constitutional provisions involving the separation of powers, due process or excessive fines, the Fifth Circuit ruled late Wednesday, delivering a fresh blow to the pharmaceutical industry's campaign to tee up U.S. Supreme Court review.

  • August 26, 2026

    Top Takeaways From Meta's $17B Kid Safety Deal

    A $17.1 billion deal with 29 states and Meta Platforms Inc. that includes reforms to Facebook and Instagram to protect children is seen as a benchmark for other settlements with social media companies as litigation and public pressure mounts over mental health harms to youth.

  • August 26, 2026

    KKR To Pay 'Record' $250M To End DOJ Merger Notice Suit

    KKR & Co. has agreed to pay a $250 million civil penalty to resolve allegations that it hid key documentation and entire transactions for merger notification, the U.S. Department of Justice announced Wednesday, calling it the largest-ever penalty for repeat violations of the Hart-Scott-Rodino Act.

  • August 26, 2026

    Fed's Cook Says Trump Has 'No Lawful Basis' To Fire Her

    Federal Reserve Gov. Lisa Cook told the White House on Wednesday that President Donald Trump lacks a legally valid reason to fire her, arguing that previous mortgage fraud allegations leveled against her are untrue and would not justify removal.

  • August 26, 2026

    Adams, Mamdani Broke NYC Law With Race Equity Plan Delay

    A New York state judge said Tuesday that former NYC Mayor Eric Adams and his successor, Zohran Mamdani, violated city law by missing deadlines for publishing a citywide racial equity plan, which was not released until more than two years after an initial January 2024 deadline.

  • August 26, 2026

    Connecticut Sues Kalshi To End 'Free-For-All' Wagering

    Connecticut on Wednesday became the latest state to sue prediction market Kalshi for allegedly offering illegal sports gambling to its users, asking a court to shut down unlicensed wagers in the state and opening a new front in a legal battle that has previously reached the Second Circuit.

  • August 26, 2026

    Iowa, Montana Ask Justices To Stop Paramount Merger Case

    Iowa and Montana are asking the U.S. Supreme Court to stop California and other state enforcers from challenging Paramount Skydance Corp.'s planned purchase of Warner Bros. Discovery, calling the effort "a partisan enforcement action" that targets a procompetitive deal.

  • August 26, 2026

    Mass. Officials Rebuff Challenge To Vape Ban

    There's no chance smoke shops and retailers will come out on top in a lawsuit seeking to undo a Massachusetts ban on certain tobacco products, the state said when urging a federal judge to reject calls to block enforcement, saying too many appeals courts have sided with similarly situated states.

  • August 26, 2026

    5th Circ. Rejects Felon's 'Weird' Second Amendment Claim

    The Fifth Circuit upheld a Louisiana man's felon-in-possession conviction Wednesday, rejecting his challenge that a prior conviction for trying to take a police officer's pepper spray lacked a founding-era analogue sufficient to justify barring him from possessing a firearm, as well as rejecting his "weird" argument that the disarmament was unsuccessful.

  • August 26, 2026

    Groups Ask Congress To Reject Idaho Toxic Waste Land Swap

    The Center for Biological Diversity, Snake River Waterkeeper and ManaSota-88 Inc. urged Congress on Wednesday to remove a provision from the National Defense Authorization Act that the center says would "cede historic lands of the Shoshone-Bannock Tribes in Idaho to expand a radioactive waste dump at one of the country's largest Superfund sites."

  • August 26, 2026

    X Loses Challenge To NY Social Media Disclosure Law

    New York's law requiring social media companies to divulge details of their content-moderation policies does not run afoul of the First Amendment, a federal judge ruled Wednesday, throwing out X Corp.'s challenge seeking to block enforcement of the measure.

  • August 26, 2026

    SEC, SBB Resolve Misvalued Funds Case Ahead Of Sept. Trial

    The U.S. Securities and Exchange Commission and SBB Research Group LLC told an Illinois federal judge that they've reached a settlement that would resolve the long-running litigation alleging the fund adviser misled investors about the performance of some of the funds it oversaw, and to scrap the planned September trial date.

  • August 26, 2026

    75-Nation Visa Pause Likely Flouts Law, DC Judge Rules

    A D.C. federal judge has barred the U.S. Department of State from applying its pause on visa issuances to a group of applicants from 75 affected countries, saying the plaintiffs will likely succeed in arguing the pause violates federal immigration law.

  • August 26, 2026

    House Committee Wants DOL IG To Widen Info-Sharing Probe

    Top House Education and Workforce Committee Republicans urged the U.S. Department of Labor's watchdog Wednesday to expand its review of information-sharing arrangements with outside groups, asking whether three additional agencies improperly disclosed confidential investigative material during the Biden administration.

  • August 26, 2026

    SEC Sends Crypto Custody Plan To White House

    The U.S. Securities and Exchange Commission is preparing to update regulations for investment advisers and funds holding crypto assets on their clients' behalf, sending planned amendments to its custody rules to the White House for review.

  • August 26, 2026

    9th Circ. Denies Challenges To EPA Rule On Chemical Reviews

    The Ninth Circuit on Wednesday denied petitions challenging a U.S. Environmental Protection Agency rule related to when and how some new chemicals can be exempted from standard pre-manufacture review processes, ruling the agency acted in line with its statutory powers.

  • August 26, 2026

    NJ Can't Force Access To ICE Detention Center, Feds Say

    U.S. Immigration and Customs Enforcement has pressed a New Jersey federal judge to dismiss a lawsuit from the Garden State's health commissioner seeking access to a Newark immigration detention center, saying whether state officials can inspect the facility is up to the federal government.

  • August 26, 2026

    Squires Institutes 6 Patent Reviews, Rejects 5 Others

    U.S. Patent and Trademark Office Director John Squires has instituted six patent reviews and denied five other requests in his latest round of decisions.

  • August 26, 2026

    Group Says HHS Can't Cut Certain Immigrants' Medicaid

    A Seattle-based community organization accused the U.S. Department of Health and Human Services of misinterpreting the 2025 federal budget bill, telling a Washington federal court it cannot strip Medicaid benefits away from noncitizens receiving Supplemental Security Income.

  • August 26, 2026

    Calif. Bill Curbing PE Role In Litigation Heads To Newsom

    A California bill to ban corporate investors from influencing litigation strategy is heading to Gov. Gavin Newsom's desk after passing with bipartisan support from the state Legislature.

  • August 26, 2026

    Creek Nation Refutes Tulsa DA's Stance On State Crime Cases

    The Muscogee (Creek) Nation has told the Tenth Circuit that Oklahoma's Tulsa County district attorney gets it wrong in stating that he has the authority to prosecute nonmember Native Americans for nonmajor crimes committed on the federally recognized tribe's reservation.

  • August 26, 2026

    Miami Politicians Must Face Ex-Top Cop's 1st Amendment Suit

    Three former Miami city commissioners aren't shielded by the doctrine of qualified immunity from a fired police chief's First Amendment lawsuit, but the former city manager is, the Eleventh Circuit ruled Wednesday, saying the manager didn't know he risked violating the Constitution by suspending the chief before the firing.

Expert Analysis

  • Student Loan Revamp Leaves Bankruptcy Untouched

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    Recent changes to the Graduate PLUS student loan program may moderate borrowing and simplify repayment, but they may also shift financial distress into a bankruptcy system whose treatment of educational debt remains largely unchanged, say Jaclynn McDonnell at Stevens & Lee.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • 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.

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