Public Policy

  • October 05, 2026

    Commercial Fishers Sue Over Red Snapper Catch Expansion

    A group of commercial fishing companies is challenging a new round of federal permits that allow Florida, Georgia and South Carolina to expand this year's recreational red snapper catch in D.C. federal court, claiming Monday that the permits would shrink the commercial share of the South Atlantic fishery in violation of federal law.

  • October 05, 2026

    OKX Files For Tokenized Stock Trading Under SEC Exemption

    OKX has notified the U.S. Securities and Exchange Commission of its plans to offer tokenized stock trading, becoming one of the first crypto exchanges to take advantage of the agency's closely watched innovation exemption.

  • October 05, 2026

    Catholic Org. Funding Cut Wasn't About Faith, Mich. Says

    A Catholic charity is improperly attempting to insert a prior religious liberty case over Michigan's foster care policies into current litigation challenging the charity's de-designation as a provider of treatment for substance use disorder, state officials have argued in a brief seeking dismissal.

  • October 05, 2026

    US Pushes For Reelection Of Int'l Radio Board Chief

    U.S. telecom regulators are urging their foreign counterparts to reelect the leader of a key global treaty-making body and have nominated another U.S. candidate for a top post in the organization ahead of a meeting next month in Qatar.

  • October 05, 2026

    Illinois' Curbs On Kalshi Sports Contracts Blocked For Now

    An Illinois federal judge temporarily blocked the state from enforcing its gambling license requirements against Kalshi and Coinbase on Friday, saying that the companies' core sports betting contracts are likely federally regulated swaps.

  • October 05, 2026

    Justices Won't Block Paramount's $110B WB Deal

    The U.S. Supreme Court on Monday quickly rejected a request by consumers to immediately block Paramount Skydance's $110 billion purchase of Warner Bros. Discovery, which is expected to close Tuesday, while a lower court adjudicates their antitrust claims challenging the merger.

  • October 05, 2026

    Groups Say Fla. City Bent Rules For Related Ross Hotel Tower

    Two West Palm Beach neighborhood groups are arguing to a Florida state appeals court that city officials advanced an 18-story Related Ross convention center and hotel project while ignoring concerns that the project's valet operations could pose a risk to pedestrians, among other issues in the approval process.

  • October 05, 2026

    4th Circ. Upholds Order For US To Admit Afghan Families

    A Fourth Circuit panel has declined to stay a federal district judge's order clearing the way for the families of seven Afghans who fought for and alongside the U.S. military to enter the country, rejecting the State Department's argument that the families' visa petitions fall within the consular nonreviewability doctrine.

  • October 05, 2026

    FCC Evading Courts With 'Gamesmanship,' DC Circ. Told

    The Federal Communications Commission is pursuing a road map for evading judicial review of major rulings, an advocacy group warned the D.C. Circuit in a case challenging Fox TV's Philadelphia license.

  • October 05, 2026

    Intel Case May Clarify Dismissal Standard For 401(k) Suits

    The U.S. Supreme Court will hear arguments Tuesday from former Intel Corp. workers looking to revive a suit claiming their retirement savings suffered because of shoddy investments, a case that could shed light on what it takes to keep challenges to allegedly subpar 401(k) offerings alive.

  • October 05, 2026

    9th Circ. Invited To Take A Crack At Feds' Calif. Egg Law Suit

    A California federal judge refused Friday to toss the federal government's challenge to a Golden State law banning the sale of eggs laid by hens raised in "cruel" conditions, but allowed California to file an interlocutory appeal, finding "there is substantial ground for difference of opinion" on the government's standing.

  • October 05, 2026

    Novel Strategy Prompted ETF Guidance, Treasury Atty Says

    The U.S. Department of the Treasury's recent revenue ruling and notice cracking down on improper arrangements using legitimate exchange-traded fund conversions was a response to a marketed transaction that was not squarely addressed by existing rules targeting abusive practices, a department official said Monday.

  • October 05, 2026

    No Consensus On Forced Labor Statement At G20 Meeting

    The Group of 20 nations failed to reach a consensus on a statement highlighting the need to eliminate imports of goods created with forced labor, with solely the U.S., Argentina and Mexico backing a document calling forced labor both a human rights and economic threat.

  • October 05, 2026

    Mass. Justices Weigh Duties Of DAs, Judges After ICE Arrests

    Justices on Massachusetts' highest court Monday appeared willing to endorse a requirement that prosecutors and judges make formal efforts to get federal immigration officials to bring defendants in their custody to court for pending criminal cases before issuing a default warrant or dismissing a case.

  • October 05, 2026

    Groups Ask DC Circ. To Revive CMS Hemp Program Case

    A coalition of interests challenging a Centers for Medicare & Medicaid Services program to provide patients access to federally legal hemp products told the D.C. Circuit on Monday that a lower court was wrong to dismiss their petition.

  • October 05, 2026

    1st Circ. Doubts Harvard Grant Fight Belongs In Claims Court

    The First Circuit Monday appeared skeptical that a lower court erred in backing Harvard University in a suit over the Trump administration's bid to freeze more than $2 billion in grant funding, suggesting that the case had been decided in the proper venue.

  • October 05, 2026

    Feds, SpaceX Say Groups Lack Standing To Block Land Swap

    SpaceX and the U.S. Fish and Wildlife Service are urging a Texas federal court to toss a lawsuit challenging their South Texas land swap deal, each noting the wildlife refuge land at issue is already generally closed to the public.

  • October 05, 2026

    Justices Won't Review SC Beach Gear Rental Antitrust Case

    The U.S. Supreme Court refused a petition Monday from a beach equipment rental company seeking to revive its antitrust case accusing a South Carolina city of using its municipal ordinances to monopolize the market.

  • October 05, 2026

    Hunting Groups Say Colo. Illegally Imposed 2-Animal Limit

    Two advocacy groups sued the Colorado Parks and Wildlife Commission, alleging it unlawfully imposed a much lower daily hunting limit than either of the proposals it had presented to the public and gave no chance to comment on the change.

  • October 05, 2026

    Deported Mass. Student May Be Beyond 1st Circ.'s Reach

    The First Circuit on Monday hinted that it may not have the ability to revive a Massachusetts college student's immigration case because she chose to remain abroad after being deported, meaning she is no longer in federal custody.

  • October 05, 2026

    9th Circ. Pauses Rogoff's Return As Seattle US Atty

    The Ninth Circuit has put on hold a Washington federal judge's decision to reinstate Roger Rogoff as Seattle's top federal prosecutor, a post Rogoff held for less than an hour before he was fired by President Donald Trump.

  • October 05, 2026

    DOJ, Google Want DC Circ. 'Priority' For Search Appeal

    The U.S. Department of Justice and Google jointly asked the D.C. Circuit to prioritize their cross-appeals in the search monopolization case in order to schedule oral arguments as soon as Dec. 9.

  • October 05, 2026

    Justices Pass On Fatal Drunk-Driving Qualified Immunity Case

    The U.S. Supreme Court on Monday declined to review a ruling granting qualified immunity to an Alabama sheriff's deputy who was accused of killing a passenger in a crash while driving drunk and off duty, then fleeing the scene.

  • October 05, 2026

    Mass. Governor Urges Voters To Reject Marijuana Repeal

    Massachusetts Gov. Maura Healey said Sunday that she opposes a ballot measure to roll back the legalization of retail marijuana in the Bay State.

  • October 05, 2026

    Casinos Lose Bid For 3rd Circ. Redo In Room-Pricing Suit

    Atlantic City casino-hotels could not get the Third Circuit to go back on reviving a proposed class action accusing them of a price-fixing scheme for hotel rooms, according to a court order.

Expert Analysis

  • Opinion

    New CMS Medical Device Pathway May Have Limited Effect

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    The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • Time Is On Payment Processors' Side As Deal Dynamics Shift

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    As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

  • A Road Map To Modernizing Clinical Lab Regulations

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    The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

  • IRS Notice Helps Bridge Carbon Capture Reporting Gap

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    Recent guidance that extends a safe harbor for taxpayers claiming Section 45Q carbon capture credits provides a temporary reporting method that may keep viable projects moving while the U.S. Department of the Treasury and the Environmental Protection Agency address future reporting standards, says Peter Lowy at Nelson Mullins.

  • How GCs Can Assess The Risks Of Emerging AI Laws

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    Amid a swirl of momentous legislative activity aimed at regulating artificial intelligence, general counsel must return to first principles when determining whether new laws will apply and whether the company’s use could cause regulators to subject it to additional regulation, say attorneys at WilmerHale.

  • Illinois Domestic Violence Law Expands Employer Obligations

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    With a new Illinois law expanding domestic violence protections by redefining harassment for the digital age and making protective orders more accessible, employers should review their policies and training programs as they will likely encounter more orders and a wider range of workplace restrictions, say attorneys at Nixon Peabody.

  • What State AI Election Laws Mean For The 2026 Midterms

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    In the absence of federal rules governing artificial intelligence in elections and no consensus emerging across state laws, campaigns, their vendors and AI developers must address the risks associated with outdated rules written for other problems, says Matthew Shapanka at Covington.

  • Why Pa. Push For Brownfield Renewables May Not Be Enough

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    A recent executive order from Pennsylvania Gov. Josh Shapiro directed state regulators to expedite siting of clean energy development on former industrial sites — but additional reforms may be needed to effectively eliminate barriers to these types of projects, says Louis Dodge at Langsam Stevens.

  • Draft Biosolids Guidance Illuminates EPA's Approach To PFAS

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    Recent draft guidance from the U.S. Environmental Protection Agency on mitigating risks from two "forever chemicals" in sewage sludge is not legally binding, but its recommendations may help wastewater treatment plants operators, landowners, farmers, water agencies and the public understand the agency's current thinking, says Ayodeji Ayolola at Gordon Rees.

  • 4 Words In A 1980 Law Could Redraw Bank Lending

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    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • Responding To State Packaging Law Uncertainty

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    As states roll out new packaging and recycling mandates, companies face expanding compliance duties and a growing wave of constitutional challenges that offer key lessons for managing regulatory risk, say attorneys at Crowell & Moring.

  • CMS Rule, DOJ Probes Deepen Gender Care Compliance Risk

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    The Centers for Medicare & Medicaid Services' final rule restricting Medicaid funding for hospitals that provide gender-affirming care is likely to face immediate litigation, but the CMS rulemaking is already working alongside U.S. Department of Justice's enforcement campaign to create operational risk for providers, say attorneys at Arnall Golden.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

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