Public Policy

  • November 19, 2025

    Is 'Red Book' Best For Drug Pricing? Pa. Justices Ask

    The Pennsylvania Supreme Court seemed skeptical Wednesday that the state workers' compensation authorities were using the best guide to calculate pharmacy reimbursements for injured workers' prescription drugs, with the justices questioning the fairness of the industry's long-used "red book" method.

  • November 19, 2025

    SEC Enforcement Actions Plunged After Gensler, Report Says

    The U.S. Securities and Exchange Commission brought far fewer enforcement actions against public companies and subsidiaries after its Biden-era leader Gary Gensler departed, with the former chair bringing 52 of the 56 actions the agency initiated in fiscal 2025 despite stepping down in January.

  • November 19, 2025

    4 Groups Urge FCC To Reject Charter, Cox Merger

    Four public interest groups petitioned the Federal Communications Commission on Tuesday to block the $34.5 billion merger agreement between cable giants Charter and Cox.

  • November 19, 2025

    La. Gets Access To BEAD Funds, 17 Other State Plans Get OK

    Louisiana has become the first state to gain access to Broadband Equity, Access and Deployment program funds, according to the National Telecommunications and Information Administration, which said it has also given the green light to 17 other states and territories' final plans.

  • November 19, 2025

    4th Circ. Says Immigration Board Ignored Key Evidence

    A split Fourth Circuit panel has said immigration courts ignored evidence of the threats a Honduran man faced from MS-13 gang members if he was sent back to that country, while a dissenting judge faulted him for not reporting to police alleged harms.

  • November 19, 2025

    NJ Construction Co. Sues Over Hudson Tunnel Union Limits

    A New Jersey construction company wants to delay bidding for part of the $16 billion Hudson Tunnel Project, claiming in a federal lawsuit that the multistate commission overseeing the project unlawfully barred employing the United Steelworkers union currently representing the company's workers.

  • November 19, 2025

    Kalshi Says Sports 'Swaps' Not Bets In Bid To End Mass. Suit

    Prediction market KalshiEX asked a Massachusetts state court to throw out a suit by state regulators alleging that its sports "event contracts" are illegal gambling, saying the U.S. Commodity Futures Trading Commission has already given its imprimatur to the products.

  • November 19, 2025

    Senate GOP Resists Extending Expanded ACA Tax Premiums

    Senate Finance Committee Democrats on Wednesday urged their Republican counterparts to extend the enhanced tax credits for the Affordable Care Act, which is set to expire at the end of the year, but Republicans said they were looking for other options to address rising healthcare costs.

  • November 19, 2025

    NY Judge Halts DHS' Protected Status Termination For Syrians

    A New York federal judge on Wednesday expressed disbelief that the Trump administration adequately considered local conditions when ending Temporary Protected Status for those facing danger in their home countries, staying the decision to end the program for Syrians.

  • November 19, 2025

    Christian Org. Gets Permanent Block On PWFA Abortion Regs

    The U.S. Equal Employment Opportunity Commission won't require a Missouri-based Christian education foundation to provide workplace accommodations for workers who get abortions, agreeing to an injunction as part of a deal ending the nonprofit's lawsuit over the agency's Pregnant Workers Fairness Act regulations.

  • November 19, 2025

    Trump Admin Proposes Weakening ESA Protections

    The Trump administration on Wednesday proposed four rules that would significantly weaken Endangered Species Act protections for plants and animals, drawing immediate condemnation from environmental and conservation groups.

  • November 19, 2025

    Green Groups Sue To Block Gulf Oil And Gas Lease Sale

    Environmental groups have asked a federal court to block the first in a series of offshore oil and gas lease sales mandated by July's budget reconciliation bill, claiming the government shirked a required environmental review of the lease sale.

  • November 19, 2025

    Nexstar Asks FCC To Waive Ownership Cap In Tegna Takeover

    TV station giant Nexstar has asked the Federal Communications Commission to sign off on its pending acquisition of Tegna Inc. even though the $6.2 billion deal would breach existing FCC limits on national media ownership.

  • November 19, 2025

    The House's Plan B For Repealing Provision On DOJ Lawsuits

    If the Senate does not take up a bill to repeal a provision in the government funding package allowing senators investigated by former special counsel Jack Smith to sue for damages, a Republican House member is already making contingency plans.

  • November 19, 2025

    Gov'ts Widely Back Mutual Agreement Procedure In UN Treaty

    Governments expressed widespread support for adopting measures to strengthen the mutual agreement procedure within a protocol on dispute resolution in the United Nations tax convention during the latest round of negotiations.

  • November 19, 2025

    8th Circ. Hears PBMs' Bid To Pause FTC Insulin Pricing Case

    An Eighth Circuit panel had only a handful of questions on Wednesday for the pharmacy benefit managers accused of inflating insulin prices, though one of the judges expressed skepticism about pausing the Federal Trade Commission's in-house enforcement action on constitutional grounds.

  • November 19, 2025

    Alaska Senator Pushes For Better Vetting After Judge Scandal

    Sen. Dan Sullivan, R-Alaska, said on Wednesday that after a federal judge in his state resigned in disgrace last year, he decided he had to revamp his selection process for judicial nominees.

  • November 19, 2025

    Split Pa. Justices Say Prosecutors Not Bound By Wiretap Law

    Prosecutors like those at the Philadelphia District Attorney's Office can't be sued for using secret recordings obtained in violation of Pennsylvania's wiretap act, a split state Supreme Court ruled Wednesday.

  • November 19, 2025

    Calif. Dems File Bill To Expand Tribal Internet Service

    Two California Democrats have introduced legislation aiming to explicitly include tribal lands under the Communications Act to make sure they can gain access to federal support for broadband connectivity in rural areas.

  • November 19, 2025

    Eco Orgs. Ask 2nd Circ. To Undo NY, NJ Pipeline Project Nods

    Environmental groups have sued New York and New Jersey environmental regulators over their issuance of Clean Water Act permits for a controversial Williams Cos. pipeline upgrade after previously denying the permits over pollution concerns.

  • November 19, 2025

    Tax Court Substance Ruling Offers Silver Lining For Taxpayers

    Even though the U.S. Tax Court upheld stiff penalties under the economic substance doctrine against an eye doctor's microcaptive arrangements, the opinion generally favored taxpayers by clarifying that the IRS faces limits on when it can invoke the doctrine to audit transactions.

  • November 19, 2025

    'Wrongly Decided' Case Backs Insurer Loss, Mich. Panel Says

    An insurer is statutorily barred from suing an auto shop to recoup personal injury protection benefits it paid to policyholders injured in a crash, a Michigan state appeals court affirmed, though saying it is bound by a 1993 case it believes was "wrongly decided" and should be reviewed.

  • November 19, 2025

    Halligan Says Grand Jury Never Saw Final Comey Indictment

    U.S. Attorney Lindsey Halligan acknowledged Wednesday that the full grand jury in the James Comey case never saw or voted on the final version of the indictment that was handed up to the court in the case. An attorney for Comey said the clarification was grounds for dismissal.

  • November 19, 2025

    Tribes Challenge Oklahoma Over Hunting, Fishing Rights

    A trio of Oklahoma Indigenous nations are asking a federal district court to declare that they have the right to hunt and fish on their reservation lands, arguing that the state is violating their treaty rights and inherent sovereign authority by prosecuting their members.

  • November 19, 2025

    Air Force Asks Justices To Nix Guam Munitions Disposal Suit

    The U.S. Air Force is urging the Supreme Court to sink a Guam community group's challenge to the branch's request for a renewed permit to explode expired munitions on the island.

Expert Analysis

  • Navigating DEA Quotas: Key To Psychedelics Industry Growth

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    As new compounds like DOI enter the Schedule I landscape, manufacturers who anticipate U.S. Drug Enforcement Administration quota regulations, and build quota management into their broader strategy, will be best equipped to meet the growing demand, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega.

  • Game Not Over: Player Redshirt Suits Keep NCAA On Defense

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    A class action recently filed in Tennessee federal court highlights a trend of student-athlete challenges to the NCAA's four seasons eligibility rule following the historic House settlement in June, which altered revenue-sharing and players' name, image and likeness rights, say attorneys at BakerHostetler.

  • Federal Acquisition Rules Get Measured Makeover

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    The Trump administration's promised overhaul of the Federal Acquisition Regulation is not a revolution in rules, but a meaningful recalibration of procurement practice that gives contracting officers more space to think, to tailor and to try, say attorneys at Mayer Brown.

  • What's At Stake In High Court Compassionate Release Case

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    The U.S. Supreme Court will hear arguments in Fernandez v. U.S. next week about the overlap between motions to vacate and compassionate release, and its ultimate decision could ultimately limit or expand judicial discretion in sentencing, says Zachary Newland at Evergreen Attorneys.

  • Series

    Mindfulness Meditation Makes Me A Better Lawyer

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    Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.

  • HSR Data Shows Most Deals Exit Antitrust Review Unscathed

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    Merger activity is up, enforcement is down and the vast majority of deals are emerging from U.S. federal antitrust review in one piece, new 2024 fiscal-year Hart-Scott-Rodino data shows, meaning companies should not shy away from deals based on a perception that recent antitrust enforcement has been unusually aggressive, says Amanda Wait at Michael Best.

  • AI Litigation Tools Can Enhance Case Assessment, Strategy

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    Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

  • Post-Genius Landscape Reveals Technical Stablecoin Hurdles

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    The Genius Act's implementation has revealed challenges for mass stablecoin adoption, but there are several factors that stablecoin issuers can use to differentiate themselves and secure market share, including interest rate, liquidity, and safety and security, say attorneys at Olshan Frome.

  • The Emerging Issues Shaping Real Estate Project Insurance

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    As real estate faces increasingly complex considerations — such as climate losses, "nuclear verdicts" and regulatory changes — insurance is evolving into a strategic function that should be discussed early in the planning stages of a project, says Jason Adams at Cox Castle.

  • How '24 Statements Show FTC's Direction On Political Speech

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    Two top Federal Trade Commission officials made concurring statements in 2024 that detailed a potential push to protect political speech, which have served as a preview of the commission's potential new focus on investigating social media and financial services firms to secure changes in those companies' internal business practices, says Benjamin Goldman at Montgomery McCracken.

  • Attys Beware: Generative AI Can Also Hallucinate Metadata

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    In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.

  • What May Be Ahead In Debanking Enforcement

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    President Donald Trump's executive order on politicized or unlawful debanking has spurred a flurry of activity by the federal banking regulators, so banks should expect debanking-related complaints submitted by consumers to increase, and for federal regulators to look for more enforcement opportunities, say attorneys at Bradley Arant.

  • Balancing Reliability, Competition In FERC's Pipeline Proposal

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    The Federal Energy Regulatory Commission's proposed transparency requirements for interstate natural gas pipelines endeavor to improve electric system reliability but could also unintentionally foster coordination, says Lyle Larson at Balch & Bingham.

  • SEC Crypto Custody Relief Offers Clarity For Funds

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    A recent U.S. Securities and Exchange Commission staff letter supplies a workable path for registered investment advisers and funds seeking to offer crypto custody services by using state trust companies, and may portend additional useful guidance regarding crypto custody, say attorneys at Morgan Lewis.

  • DC Circuit Charts Path On FERC Orders In Loper Bright Era

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    The D.C. Circuit's recent decision in Solar Energy Industries Association v. Federal Energy Regulatory Commission, upholding the agency's assessment of a power production facility's output, laid out an approach for addressing statutory interpretation in FERC appeals in light of the U.S. Supreme Court's game-changing Loper Bright decision, say attorneys at Bracewell.

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