Public Policy

  • August 25, 2026

    4th Circ. Blocks FCC Campaign Ad Pricing Guidance

    While political candidates are entitled to the lowest advertising rate radio and television stations can charge, political parties and joint fundraising committees with noncandidate members are not, a split Fourth Circuit ruled Tuesday, wiping out recent Federal Communications Commission guidance.

  • August 25, 2026

    'News To Me': Instagram CEO Unaware Its Attys Deleted Data

    Instagram's CEO appeared to be taken by surprise Tuesday during a California federal jury trial over claims Meta hid social media's harms, after the states revealed that Instagram's in-house counsel removed data from a teen-safety presentation before presenting it to minimize his "litigation exposure risk," saying "this is all news to me."

  • August 25, 2026

    Ex-OCC Counsel Joins Clark Hill's Banking Practice

    Clark Hill PLC has expanded its financial services regulatory roster with the addition of a longtime member of the Office of the Comptroller of the Currency's law department who advised on bank exam issues, appellate litigation and corporate applications at the national bank regulator.

  • August 25, 2026

    Calif. Law Requiring Cop ID Can't Apply To Feds, 9th Circ. Told

    The Trump administration urged the Ninth Circuit during oral arguments Tuesday to find that a section of California law requiring law enforcement officers to visibly display identification can't apply to federal officers, saying "nothing has changed" since the court blocked that section under the Supremacy Clause pending this appeal.

  • August 25, 2026

    9th Circ. Panel Largely Upholds Block On Feds' Grant Terms

    A divided Ninth Circuit panel Tuesday mostly upheld an injunction blocking the Trump administration from imposing new grant restrictions on transportation and housing funding for dozens of local governments, concluding federal agencies likely overstepped their authority by barring the money from being used to promote "gender ideology" or "illegal immigration."

  • August 25, 2026

    Meta Should Keep Research Internal, Data Whiz Tells Jury

    A high-ranking Meta data analyst told a Tennessee jury Tuesday that the social media giant shouldn't release its user research publicly because he saw during a famous leak the danger that such research will be "misinterpreted and misrepresented."

  • August 25, 2026

    Calif. Data Broker Tool Sign-Ups Hit 500K As Deletions Begin

    Data brokers in California have deleted "tens of millions" of records since their obligation to comply with requests made through a new consumer data deletion tool kicked in earlier this month, the state's privacy regulator said Tuesday, while announcing that registrations for the first-of-its-kind platform had reached the half-million mark.

  • August 25, 2026

    DC Circ. Won't Revive Standard General's FCC Bias Suit

    The D.C. Circuit does not believe that the Federal Communications Commission took part in a racist conspiracy to kill Standard General hedge fund manager Soo Kim's $8.6 billion merger with broadcaster Tegna and has affirmed the dismissal of his lawsuit claiming such.

  • August 25, 2026

    Pot Shop Seeks Quick Win Against Jushi On Antitrust Claims

    A Massachusetts dispensary is urging a federal court to rule that cannabis giant Jushi Holdings and others violated antitrust law by using a $10 million merger provision designed to block the dispensary from opening a nearby store, causing it to ultimately crumble.

  • August 25, 2026

    Ex-Taro Exec Slips Some Generics Price-Fixing Claims

    A Connecticut federal judge gave a former Taro Pharmaceuticals USA Inc. marketing executive a partial victory in generic drug price-fixing litigation, tossing several claims by state attorneys general but allowing others to proceed after finding that a jury could conclude he joined certain conspiracies.

  • August 25, 2026

    NRDC Says EPA Let Cleveland Polluters Dodge Smog Cuts

    The Natural Resources Defense Council on Tuesday asked the Sixth Circuit to review the U.S. Environmental Protection Agency's approval of a plan Ohio submitted for smog pollution in the Cleveland area, and accused the agency of giving a "free pass" to major polluters.

  • August 25, 2026

    Trump Diversity Visa Freeze Lacked Basis, Judge Says

    A D.C. federal judge ruled in favor of several diversity visa selectees in consolidated suits challenging the Trump administration's decision to halt the program, saying on Tuesday that the government did not provide a reasoned explanation for its sweeping refusal policy.

  • August 25, 2026

    FERC Beats Environmental Challenge To La. LNG Terminal

    The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's approval of a liquefied natural gas export terminal in Louisiana, saying environmental groups challenging the decision failed to show the project was not in the public's best interest.

  • August 25, 2026

    USPS Violated Block On Mail Ballot Rulemaking, Judge Says

    A Massachusetts federal judge who ordered the U.S. Postal Service earlier this month to stop work on a new rule restricting delivery of some mail-in ballots concluded Tuesday that the USPS flouted her pencils-down nationwide injunction by continuing to develop and promulgate the new rule.

  • August 25, 2026

    Even Dolly Could've Been Barred By Drag Ban, Judge Says

    On the same day the world lost Dolly Parton, a Texas federal judge invoked the iconic singer and philanthropist to again block a law widely seen as a ban on drag performances, saying it's so broad that her "big hair, flamboyant clothes and breast exposure" might run afoul of the measure.

  • August 25, 2026

    Md. Judge Trims Baltimore Bridge Wreck Damages Claims

    A Maryland federal judge has slashed claims from Baltimore, businesses and dockworkers seeking to recover millions in economic losses from the owner and operator of the container ship that slammed into the Francis Scott Key Bridge, saying the nearly century-old Robins Dry Dock rule bars many of their claims.

  • August 25, 2026

    Bid For FCC Preemption 'Dead On Arrival,' Minn. City Says

    A Minneapolis suburb called on the Federal Communications Commission to reject a broadband provider's request for FCC preemption in a local franchise dispute because of court rulings declaring that broadband does not qualify as a telecommunications service.

  • August 25, 2026

    Marijuana Rescheduling Critics Assail Government's Standard

    An attorney with the U.S. Drug Enforcement Administration told an administrative law judge that opponents to cannabis rescheduling could not use agency hearings to challenge federal health regulators' adoption of a new standard for assessing marijuana's medical use.

  • August 25, 2026

    Ed Dept. Must Turn Over Records In Mental Health Grants Row

    A Washington federal judge Monday partly granted a group of states' bid for expedited discovery in their suit over the Trump administration's attempt to cut nearly $1 billion in funding for K-12 mental health grants, finding the information could assist the court before a hearing for a preliminary injunction.

  • August 25, 2026

    Pharmacy Asks Court To Toss Novo Nordisk Semaglutide Suit

    A pharmacy asked a Texas federal judge to toss claims brought by Novo Nordisk Inc. accusing the pharmacy of illicitly compounding a lucrative weight-loss drug called semaglutide, saying Novo Nordisk's complaint amounts to a grievance list against the compounding industry.

  • August 25, 2026

    Missouri Drops Bid To Block Minority Contracting Program

    Missouri Attorney General Catherine L. Hanaway has withdrawn her attempt to block Kansas City's contracting program for minority- and women-owned businesses after the city passed an ordinance repealing the program.

  • August 25, 2026

    Texas Workers Lose Bid To Halt IRS Wage Withholding Rules

    Two workers aren't entitled to injunctive relief from IRS regulations that directed employers to overdeduct taxes from their employees' paychecks, a Texas federal court ruled, saying the pair's injury doesn't outweigh the harm that would result from enjoining the agency from enforcing wage withholding.

  • August 25, 2026

    CFTC, Kentucky Vie For Early Win In Prediction Market Clash

    The U.S. Commodity Futures Trading Commission and Kentucky regulators dueled over whether the state's attempts to tax and limit sports-focused event contracts have harmed the federal agency in competing bids for a quick win in their ongoing dispute over prediction market regulation.

  • August 25, 2026

    Calif. County Drops Pot Fines To End Landowners' Claims

    Humboldt County, California, has agreed to settle a lawsuit with a group of landowners who complained authorities overstepped their powers in an effort to punish allegedly illegal cannabis grow operations, following a Ninth Circuit ruling in 2025 against the county.

  • August 25, 2026

    Tribe, Enviros Challenge Ariz. Copper Project Over ESA Risks

    Arizona's San Carlos Apache Tribe and two conservation groups are seeking to block an exploratory copper mine drilling project in the Galiuro Mountains and Lower San Pedro Watershed, alleging that the federal government wrongly found there were no Mexican spotted owls in the area despite photographic evidence otherwise.

Expert Analysis

  • 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.

  • 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.

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