Public Policy

  • September 11, 2026

    7th Circ. Probes Ill. Nonprofit Demographic Disclosure Law

    A Seventh Circuit panel wrestled Friday with whether Illinois' law requiring nonprofits to publicize their demographic data merely encourages diversity or unconstitutionally compels speech, with one judge questioning whether its "nudging effects" establish an injury while another highlighted legislators' statements indicating a push to influence leadership or donor decisions.

  • September 11, 2026

    New IHS Director Says Bill Protects $5.3B In Health Programs

    Newly confirmed Indian Health Service Director Mark Cruz in one of the first acts of his four-year term has told tribal leaders that $5.3 billion in federal funds earmarked for IHS programs is safe following the U.S. government's passage of a stopgap spending bill.

  • September 11, 2026

    3M Wants Conn. Firefighter PFAS Suit Moved To Different MDL

    3M Co. has asked to peel PFAS "forever chemicals" claims by Connecticut firefighter unions and several individuals away from a recently empaneled Minnesota multidistrict litigation containing claims by municipalities who purchased firefighting turnout gear, arguing the unions' and individuals' allegations instead belong in an ongoing South Carolina MDL.

  • September 11, 2026

    DC Circ. Probes DOT Authority To Withhold Calif. Funds

    A panel of D.C. Circuit judges grilled a Trump administration attorney Friday over the U.S. Department of Transportation's move to slash California's federal highway funding because of the state's commercial driver's licensing rules for nondomiciled drivers, wondering whether the agency had any authority to take the drastic measure.

  • September 11, 2026

    Prediction Markets' High Court Clash Looks More Imminent

    The widespread clash over whether the regulation of prediction markets falls under federal or state jurisdiction was bound to land in the U.S. Supreme Court, and a new circuit split and urgent policy questions may force the justices' hands to take up the issue.

  • September 11, 2026

    FCC Can't Avoid Final Order On Fox Philly Issue, Court Told

    A media advocacy group told the D.C. Circuit on Friday that the Federal Communications Commission cannot sidestep its duty to issue a final order on whether to dismiss a petition over Fox TV's character fitness for a broadcast license in Philadelphia.

  • September 11, 2026

    Zurich Needn't Cover Auto Dealers In Deceptive Pricing Row

    Two Zurich units have no duty to defend or indemnify a group of auto dealers accused by the Federal Trade Commission and the Maryland Attorney General's Office of misrepresenting the cost of vehicles to consumers, a Virginia federal judge ruled Friday.

  • September 11, 2026

    Bank Regulators Propose Tailored Third-Party Risk Guidance

    Federal banking regulators Friday proposed revisiting 3-year-old guidance on third-party risk management for banks, saying they plan to let banks tailor their practices more specifically to the actual risk posed by each relationship.

  • September 11, 2026

    IRS Can Withhold Docs That May Air Taxpayer ID, Court Rules

    The IRS may withhold documents sought by a tax news publisher, a Washington, D.C., federal judge said, finding the subject is prominent enough that disclosing the records could allow the taxpayer to be identified using a former IRS contractor's leak of President Donald Trump's tax returns and thousands of others.

  • September 11, 2026

    Australian Bill Would Hone R&D Tax Credit To Newer Firms

    The Australian government is seeking input on a bill that would narrow eligibility for its research and development tax credit to newer firms while raising the value of the credit for businesses that qualify, the Department of the Treasury said Friday.

  • September 11, 2026

    Mich. Township Seeks To Pause Winery Events Fight

    A northern Michigan township asked a federal judge to dismiss or stay a lawsuit brought by several local wineries that claim the township is attempting to bypass a previous court ruling to block them from hosting special events, saying the township's appeal of that earlier ruling remains pending in the Sixth Circuit.

  • September 11, 2026

    ABA Cyber Task Force Co-Chair Eyes AI Education Boost

    With the legal industry presenting a more and more enticing target for cyberattacks, it's becoming increasingly important for practitioners to know how to best protect clients' data and most effectively use emerging artificial intelligence tools — a task that the American Bar Association's Cybersecurity Legal Task Force is well positioned to assist with, its incoming co-chair recently told Law360.

  • September 11, 2026

    Corp. Transparency Law Unconstitutional, Justices Told

    The Supreme Court should find that the Corporate Transparency Act is unconstitutional to prevent a future administration from reviving its application to domestic entities, the National Small Business Association told the justices.

  • September 11, 2026

    RV Part Cos. Give Enforcers More Time To Review Merger

    LCI Industries and Patrick Industries have pulled and refiled their merger notices, giving enforcers with the Federal Trade Commission and U.S. Department of Justice additional time to review a planned merger between two of the nation's biggest RV parts suppliers.

  • September 11, 2026

    Commerce Probing 3 Nations' Hydraulic Cylinders For Duties

    The U.S. Department of Commerce is investigating whether linear hydraulic cylinders imported into the U.S. from China, India and Mexico are benefiting from government subsidies, it said Friday.

  • September 11, 2026

    ITC Probing Imported Pizza Boxes For Possible Harms

    The U.S. International Trade Commission said Friday it is investigating whether corrugated pizza boxes imported into the country from China, Malaysia and Turkey that are being allegedly sold at unfair prices are harming U.S. domestic industry.

  • September 11, 2026

    3 Takeaways From EBSA's New Health Parity Guidance Docs

    The U.S. Department of Labor's recent guidance on how to comply with federal laws requiring parity in health plan coverage between behavioral and physical healthcare provides critical new details on the agency's narrowed set of enforcement priorities. Here are three takeaways from the guidance.

  • September 11, 2026

    DOJ Sues DC, 3 More States Over Immigrant In-State Tuition

    The Trump administration continues targeting states that provide in-state tuition to unauthorized immigrants, filing another batch of lawsuits that have now targeted more than two dozen state laws as unconstitutional, including in Hawaii and the District of Columbia.

  • September 11, 2026

    Mass. Court Revives Whistleblower Claims Against Hospital

    A former Boston Medical Center doctor will have another chance to pursue his claims that the hospital fired him in retaliation for his testimony for defendants in child abuse cases and complaints about the work of colleagues, an intermediate Massachusetts appellate court said Friday.

  • September 11, 2026

    Midterm Wins Could Help Dems Probe Trump's BigLaw Deals

    If the Democrats take back one or both chambers of Congress in the midterm elections, a big item on their oversight agenda will be to step up ongoing investigations of the deals that nine major law firms cut with the Trump administration last year.

  • September 11, 2026

    Fed. Circ. Scrutinizes Presumptive Date In Turkish Rebar Row

    A Federal Circuit panel on Friday looked to clarify the effect of the U.S. Department of Commerce's presumption that invoice dates are generally the best option for determining dates of sale during duty investigations, with a Turkish company claiming the presumption cost it $20 million.

  • September 11, 2026

    European Commission Sends India Trade Deal To EU Council

    The European Commission on Friday presented a "landmark" free trade agreement with India to the Council of the European Union for final approval, with the deal set to eliminate Indian tariffs on almost all EU goods.

  • September 11, 2026

    Pending Rule May End Nurse Training Antitrust Fight, Ga. Says

    The Georgia Board of Nursing is urging a federal court to stay litigation alleging that it violated antitrust law by preventing online and out-of-state nursing programs from placing their students at state facilities for clinical rotations, arguing that a proposed rule would likely resolve the suit.

  • September 11, 2026

    Senate Committee Soon Taking Up Anti-Jawboning Bill

    A key U.S. Senate panel on communications issues plans Sept. 16 to vote on a bill that would seek to prevent government officials from exerting undue influence over news organizations and social media platforms.

  • September 11, 2026

    Ore. Court OKs Recouping Tax After Farm Break Revoked

    A county assessor in Oregon was right to recoup property taxes for past years after revoking a tax break for farm use, the state tax court ruled, finding the land failed to meet past income requirements for the designation.

Expert Analysis

  • Md. Ruling Reflects Classic Administrative Law Principle

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    A Maryland federal court's recent decision in Columbus v. Kennedy significantly limits how far the Centers for Medicare & Medicaid Services can go in reshaping the Affordable Care Act through regulation, highlighting a principle that will likely be applied in similar Administrative Procedure Act challenges, says Michael King at Brownstein Hyatt.

  • DOJ China Container Indictments Signal Global Cartel Risk

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    The U.S. Department of Justice's recent announcement that it had indicted Chinese manufacturers for conspiring to drive up the price of shipping containers sold in the U.S. illustrates the Antitrust Division's interest in pursuing overseas cartel conduct, especially in China, signaling that multinational companies with employees abroad should strengthen antitrust compliance to avoid running afoul of U.S. national security policy, say attorneys at Squire Patton.

  • More Cos. Will Copy SpaceX's Shareholder Proposal Opt-Out

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    For more than 80 years, the shareholder proposal looked like a federal right guaranteed to all public company investors, but after SpaceX opted out before its recent initial public offering, other companies are likely to follow, says Mohsen Manesh at the University of Oregon School of Law.

  • How DOJ Is Approaching Monitorship After Signaling Limits

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    As the U.S. Department of Justice keeps more monitors in place than expected, a look at the matters in which prosecutors are maintaining oversight reveals the sort of companies enforcers might trust to self-remediate, and also those that may receive independent supervision, say attorneys at Kendall Brill.

  • Opinion

    DHS' World Cup Influencer Warning Overreads Visa Law

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    The U.S. Department of Homeland Security’s reported position that foreign influencers covering the 2026 World Cup need work visas if their content is monetized runs contrary to both legislative intent and long-standing precedent that structure the visa inquiry around labor market substitution, says Jun Li at Reid & Wise.

  • 3 Steps For Banks As Section 1071 Rule Finally Becomes Final

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    Some community banks and other lenders will get some breathing room in the final Section 1071 rule exempting them from small business lending reporting duties, but other reporting institutions should update applications, systems and staff training ahead of the 2028 compliance date, says Memrie Fortenberry at Jones Walker.

  • Why DOE Isn't Phasing Out Appliance Efficiency Regs

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    While the U.S. Department of Energy recently acted on President Donald Trump's 2025 executive order requiring it to consider sunsetting many energy regulations, the DOE has not proposed phasing out efficiency standards for appliances and industrial equipment — but it could pursue other approaches to ease such requirements, say attorneys at HWG.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Takeaways From 1st Del. Ruling Applying Moelis Amendments

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    Delaware corporations should carefully review contractual arrangements and governance documents following the Court of Chancery's recent enforcement of a non-Delaware forum selection clause in a CEO's employment agreement under 2024 amendments to the state's General Corporation Law, say attorneys at Morgan Lewis.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

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