Public Policy

  • August 05, 2026

    Defense Dept. Was 'Ostrich Burying His Head', Judge Says

    A Massachusetts federal judge Wednesday compared the U.S. Department of Defense's since struck-down reimbursement limit for grant-funded research to an "ostrich burying his head in the sand," awarding attorney fees to the academic organization that successfully challenged the policy.

  • August 05, 2026

    Senate Version Of Kids' Online Safety Legislation Clears Panel

    A key U.S. Senate committee Wednesday advanced four legislative proposals designed to shield children from online harms presented by addictive design features and artificial intelligence-powered chatbots, setting up a clash with a package of digital safety bills that has already passed the House but that several senators have blasted as "toothless."

  • August 05, 2026

    Wash. Landlords' COVID-19 Eviction Moratorium Suit Tossed

    A Seattle federal judge has thrown out a group of landlords' proposed class action challenging COVID-19-era eviction bans imposed by Washington cities and the state, saying Wednesday that appellate courts have recognized that landlord-tenant regulations generally do not qualify as physical takings of private property.

  • August 05, 2026

    Senate Dems Grill Trump's Judge Picks For 5th Circ., Alabama

    Senate Democrats on Wednesday dug into two judges nominated by the president to serve in Alabama district court and on the Fifth Circuit over their careful answers about who won the 2020 election and one's history of advocating against a ban on forced arbitration for workplace sexual harassment and assault claims.

  • August 05, 2026

    How Plaintiffs Won A $604M Verdict Against CH Robinson

    Roland Christensen of Arnold & Itkin LLP said that for the life of him, he couldn't understand why C.H. Robinson didn't cut a deal offered by the families of victims who burned to death following an 18-wheeler crash.

  • August 05, 2026

    5th Circ. Wary Again Of FCC's Control Over Subsidy Program

    A panel of Fifth Circuit judges on Wednesday raised new questions about the Federal Communications Commission's oversight of the country's $9 billion annual telecom subsidy program after a U.S. Supreme Court decision kept the fund intact last summer.

  • August 05, 2026

    Fed. Gov't Held In Contempt By Judge Over ICE Phone Data

    A California district judge held the federal government in contempt in litigation over immigration arrest tactics for not complying with a discovery order requiring forensic imaging of phones used by agents during their operations, imposing a fine of $500 per day until the government complies with the order.

  • August 05, 2026

    Incumbent Wash. Justices On Top In Early Primary Results

    Three incumbent Washington State Supreme Court justices — including two governor appointees — led their respective primary races Wednesday, as a state trial judge edged ahead in the race for another open seat on the high court, according to preliminary election results.

  • August 05, 2026

    Soldier Wants To Fight DOJ, CFTC Maduro Bet Cases At Once

    The U.S. Army soldier accused of reaping prediction market profits with his knowledge of the January operation to capture Venezuelan President Nicolás Maduro wants to fight parallel actions from the U.S. Commodity Futures Trading Commission and the U.S. Justice Department at once, and contends the government can't use his case as an "experiment" for how to police trading on platforms like Polymarket.

  • August 05, 2026

    Stewart Says Patent System 'Crisis' Fueled USPTO Changes

    Coke Morgan Stewart, the deputy director of the U.S. Patent and Trademark Office who left the agency last week, said in an interview with Law360 this week that new limits on patent challenges and other policy changes she helped lead were driven by a sense that the patent system was in "a pretty significant crisis."

  • August 05, 2026

    Kalshi To Block Wash. Betting But Said Pause Is Overbroad

    Kalshi agreed to implement geofencing restrictions by Aug. 26 to prevent people in Washington from making bets on the platform in accordance with a state judge's preliminary injunction, but the prediction market is still at odds with state officials over the scope of the court order.

  • August 05, 2026

    Kansas Judge Permanently Blocks Abortion Care Restrictions

    A Kansas state court has permanently enjoined a slew of restrictions on abortion care, including requirements that providers disclose patients' reasons for seeking an abortion to the state and inform patients about abortion pill "reversal" treatments the court said were "unlikely to be biologically plausible."

  • August 05, 2026

    DHS Wants To Hire Debt-Tracer To Track Down Deportees

    U.S. Customs and Border Protection is seeking bids for a contract to hire a private company to track down immigrants in Mexico, Guatemala and Honduras who left voluntarily or were deported from the U.S. before paying off immigration-related fines.

  • August 05, 2026

    NYC's Food Apps Data Law Goes Too Far, 2nd Circ. Says

    A New York City law that would require DoorDash, GrubHub and other delivery apps to share customer data with the restaurants fulfilling food orders violates the First Amendment, the Second Circuit ruled Wednesday.

  • August 05, 2026

    FCC Returns $881M In Unused TV Broadcaster 'Repack' Funds

    The Federal Communications Commission said Wednesday that it has returned $881 million that went unused in the TV Broadcaster Relocation Fund.

  • August 05, 2026

    Ill. Feds Fight Contempt Proceedings In ICE Protest Case

    Federal prosecutors urged an Illinois federal judge Tuesday to reject further hearings and a special prosecutor over grand jury misconduct in a dismissed case against anti-ICE activists, arguing that the dismissal of the charges, the payout of their attorney fees, "substantial" internal reforms and a pending ethics probe render criminal contempt proceedings unnecessary.

  • August 05, 2026

    Trade Group Seeks Injunction Over Colo. Recycling Law

    A trade group made up of about 35,000 wholesale distribution companies asked a Colorado federal judge Wednesday to issue an injunction preventing the state from enforcing a new recycling law, arguing that the law is unconstitutional.

  • August 05, 2026

    Texas Governor Calls For Data Center Audit

    Texas Gov. Greg Abbott told the Public Utility Commission of Texas and the Electric Reliability Council of Texas to audit any data centers that are going through ERCOT's electric grid interconnection process, saying that an audit is needed because the demand from data centers seeking to connect to Texas' electric grid could overwhelm it.

  • August 05, 2026

    Mass. City Must Refund $2.4M In Cannabis 'Impact' Fees

    A Massachusetts state court judge has ordered a Boston suburb to refund $2.4 million in fees it collected from cannabis retailers, saying the city of Newton failed to show the fees were tethered to the costs of hosting the businesses.

  • August 05, 2026

    Texas Cos., Others Urge Cruz, Cornyn To Block Rio Barriers

    More than 140 river outfitters, local businesses and recreation groups have urged Texas' two U.S. senators and Gov. Greg Abbott to intervene and stop planned border barrier construction in and around Big Bend National Park, warning the project would devastate the region's recreation economy and cut off public access to the Rio Grande.

  • August 05, 2026

    Judge Says Firearms Act Can't Stand After Gun Taxes Zeroed

    A Texas federal court ruled Wednesday that the National Firearms Act and its enforcement of registration and transfer requirements are unconstitutional in light of the 2025 federal budget bill's elimination of taxes on certain firearms, handing a win to several gun rights advocacy groups.

  • August 05, 2026

    Utah Can Enforce Gambling Laws Against Kalshi, Judge Says

    A Utah federal judge has allowed the state's gambling regulators to crack down on Kalshi's sports event contracts, rejecting the prediction market giant's argument that it should be shielded by federal law.

  • August 05, 2026

    Senate Panel Presses DOJ Antitrust Pick On Independence

    President Donald Trump's pick to lead the U.S. Department of Justice's Antitrust Division, Adam Candeub, faced tough questions Wednesday during a U.S. Senate confirmation hearing, where several Democrats challenged his independence.

  • August 05, 2026

    Convicted Tax-Offender Atty Rebuffed In Bid To Have Firearm

    A Connecticut attorney who served prison time for tax offenses cannot proceed with most of a suit that seeks the restoration of his right to possess a firearm, a federal judge said in a ruling Wednesday.

  • August 05, 2026

    These Firms Are Picking Up The Most PTAB Work

    Intellectual property heavyweight Fish & Richardson PC remains the busiest firm in front of the Patent Trial and Appeal Board, as it again secured the top spot on a list of firms with the most PTAB trials over the past three years.

Expert Analysis

  • 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.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • The Debanking Minefield: Navigating Fair Access In 2026

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    Federal regulators' recent elimination of reputational risk from bank supervision, alongside a growing patchwork of state fair access laws, is reshaping how banks make account and service decisions and ushering in a new compliance era requiring individualized, objective and risk-based access determinations, say attorneys at Spencer Fane.

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