Public Policy

  • September 24, 2026

    Bipartisan Senate Bill Aims To Tighten Telecom Cybersecurity

    A bipartisan Senate bill filed Thursday would aim to ramp up cybersecurity in the telecom industry by creating a system for providers and suppliers to voluntarily certify that they meet security standards.

  • September 24, 2026

    5 Circuit Splits To Watch At The High Court

    The U.S. Supreme Court has been deciding fewer and fewer cases over the past three decades, with its caseload reaching a historic low just last term. While attorneys believe several factors have contributed to that trend, they say one of the most consequential is the court's apparent declining interest in resolving circuit splits. 

  • September 24, 2026

    Texas Utility Commission Looks To Quash Coal Subpoena

    The Public Utility Commission of Texas is pushing back against a subpoena issued by BlackRock in a suit from Republican state attorneys general accusing asset managers of driving up coal prices by pressuring producers to lower their output to meet emission reduction goals.

  • September 24, 2026

    Squires Undoes 2024 PTAB Invalidation Of EagleView Patent

    U.S. Patent and Trademark Office Director John Squires has thrown out a two-year-old Patent Trial and Appeal Board decision that found claims in an EagleView Technologies patent on measuring roofs to be invalid.

  • September 24, 2026

    EPA Cuts Deal To Partially Settle U. Of Calif. Grant Fight

    University of California researchers urged a California federal judge Wednesday to preliminarily sign off on their proposed deal to resolve claims against the U.S. Environmental Protection Agency in broader litigation challenging the Trump administration's termination of thousands of UC grants.

  • September 24, 2026

    Nonprofits, Voters Seek To Stymie NC's New Mail Ballot Rules

    Nonprofit groups and two voters are asking a North Carolina federal judge to block the Tar Heel State's new mail-in ballot restrictions ahead of the November midterm elections, saying the rules threaten to disenfranchise eligible voters over "innocuous, technical errors."

  • September 24, 2026

    Colo. Seeks Toss Of ICE Contractor's Inspection Law Suit

    The Colorado attorney general and state health officials are defending a new state health inspection law governing an immigration detention center in Aurora, urging a Colorado federal court to toss much of The GEO Group Inc.'s lawsuit challenging the law's constitutionality.

  • September 24, 2026

    Congressional Probes Raise Legal, 'Reputational' Risks

    An array of companies and executives may face investigations over their dealings with the Trump administration if Democrats take control of Congress, raising the possibility that some may refuse to comply. But experts say holding out hope for a mass pardon or expecting the Justice Department not to pursue contempt charges is a risky bet.

  • September 24, 2026

    CIT Judge Threatens Sanctions Over Possible Hallucinations

    A U.S. Court of International Trade judge ordered a Chinese company and its counsel to explain, under threat of sanctions, the inclusion of "outlandish" and possibly hallucinated claims in its challenge of an antidumping duty on boom lifts and other mobile access equipment.

  • September 24, 2026

    Holland & Knight Hires Defense Lobbyist As Partner In DC

    A former U.S. Department of Defense senior official, who has more than 15 years of national security, economic security and government affairs experience as an attorney, lobbyist, regulator and diplomat, has joined Holland & Knight LLP, the firm recently announced.

  • September 24, 2026

    Pipeline Groups Say Enbridge Ruling Weakens Tribal Deals

    Two oil and gas industry groups have urged the Seventh Circuit to reconsider part of its ruling that Enbridge Energy is trespassing on Wisconsin tribal lands, arguing that the decision could make long-term pipeline agreements with tribes less reliable.

  • September 24, 2026

    Ind. Tax Court Rules Nestle Facility Accurately Assessed

    A Nestle facility in Indiana was correctly assessed from 2018 through 2023 at roughly $50 million, the state tax court said, rejecting the company's claim that the state tax board failed to properly consider its own appraisal.

  • September 24, 2026

    Judge Dubious Of DOJ Offer On Harvard Admissions Data

    A Massachusetts federal judge appeared skeptical Thursday of assertions by a Trump administration lawyer that the government was always willing to negotiate with Harvard University before bringing a lawsuit seeking a decade's worth of admissions data for hundreds of thousands of applicants.

  • September 24, 2026

    New Eastern La. Judge's 5th Circ. Bid Goes To Full Senate

    U.S. District Judge Anna St. John of the Eastern District of Louisiana, who was confirmed to her current post in March, is one step closer to being elevated to the federal appeals bench.

  • September 24, 2026

    Sen. Hyde-Smith's Opponent Seeks Blue-Slip Transparency

    Four years ago, Scott Colom — the son of the first African American elected to the chancery bench in her region of Mississippi — was nominated for a federal judgeship. Now he's running for Senate against the senator who blocked his confirmation.

  • September 24, 2026

    Cayuga Tribe Fights to Keep Caesars Sports Betting Suit Alive

    The Cayuga Nation is asking a district court to reject a bid by Caesars Sportsbook to dismiss the tribe's lawsuit, arguing that the gambling giant's arguments largely rest on a misplaced premise that its New York gambling license allows it to accept wagers from every location within the state.

  • September 24, 2026

    White House Must Restore Press Passes To CNN, Others

    A D.C. federal judge ordered the White House to immediately reinstate White House access for CNN, Politico and MS Now on Thursday morning, writing that the outlets were likely to succeed in claiming that their abrupt ban from the building last week violated their Fifth Amendment procedural due process rights.

  • September 23, 2026

    NM Offers Infernal Literature Lesson In Meta Trial Closing

    New Mexico wrapped its data privacy trial against Meta on Wednesday by likening the social media company's alleged habitual lying about data protection to the worst of sins in Dante's "Inferno," asking the jury, "Does lying matter?"

  • September 23, 2026

    Newman's Roadblocks Guide Judicial Conduct Reform Bill

    The Judicial Conduct and Disability Act has worked well in allowing the judicial branch to govern itself for nearly 50 years, but the ongoing suspension of Federal Circuit Judge Pauline Newman has exposed gaps that could be addressed with newly introduced legislation, attorneys say.

  • September 23, 2026

    Oakland Beats ADA Challenge To Rent Control Program

    Oakland city officials beat a proposed class action alleging its rent control program discriminatorily excludes tenants with mobility disabilities since few units under the program are accessible, after a California federal judge said Wednesday there are other options that could address disparate impacts without violating the state's rent control law.

  • September 23, 2026

    NY's Landmark Climate Change Superfund Blocked Again

    Another New York federal judge on Wednesday agreed with the federal government that the Empire State overstepped its authority with its Climate Change Superfund Act, the second such ruling on the state's landmark attempt to collect payments from fossil fuel companies to fund climate change mitigation efforts.

  • September 23, 2026

    WH Aide Says CFTC Needs Congress For Full Crypto Powers

    A White House crypto aide said Wednesday that Congress' failure to pass the Clarity Act leaves the U.S. Commodity Futures Trading Commission without authority over spot crypto markets, which could limit the agency's plans to stand up a digital asset framework in the absence of crypto market structure legislation.

  • September 23, 2026

    Colo. Town Says Agenda Change Didn't Void Closed Meeting

    A Colorado Court of Appeals panel appeared skeptical Wednesday that an improperly noticed meeting revokes the privacy privilege of an executive session held at the meeting in a town's appeal of a lower court's order to make what was discussed during the session public.

  • September 23, 2026

    9th Circ. Grounds Suit Over Wash. Airport Flight Path Pollution

    A Ninth Circuit panel said Wednesday that a provision of the Clean Air Act limiting state regulation of aircraft emissions is enough to extinguish a group of Washington residents' proposed class action against Delta Air Lines, Alaska Airlines and the Seattle-Tacoma International Airport's operator over alleged flight path pollution.

  • September 23, 2026

    Squires Wants Even More Review Of Patent From $253M Case

    The U.S. Patent and Trademark Office director again intervened in a case stemming from a Patent Trial and Appeal Board's invalidation of patent claims in a $253 million judgment against GoDaddy, asking the Federal Circuit to remand an appeal over a decision by top judges that revived the claims.

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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