Public Policy

  • October 08, 2026

    Enviro Group, Feds End Suit Over Alaska Refuge Road Work

    The state of Alaska, the federal government and an environmental nonprofit have agreed to dismiss a dispute over a 500-acre land exchange that will allow road construction on Izembek National Wildlife Refuge lands.

  • October 08, 2026

    Split Congress Could Spur Competing Probes, Cleary Finds

    If the new year brings an era of divided Congress, then "dueling investigations" into the same topics should be expected, Cleary Gottlieb Steen & Hamilton LLP said in a report it released Thursday.

  • October 07, 2026

    House, Senate Dems Pitch Plans To Clamp Down On AI Harms

    A House Democrat floated draft legislation Wednesday aimed at making it easier for those harmed by emerging artificial intelligence systems to sue developers for damages, on the same day that the top Democrat on the U.S. Senate Commerce Committee unveiled her own comprehensive framework for addressing "catastrophic" risks posed by AI.

  • October 07, 2026

    DNC Sues Over Trump's Taxpayer-Funded 'Propaganda Ads'

    The Democratic National Committee on Wednesday sued the Trump administration over its use of taxpayer dollars to air "political propaganda ads" promoting the president ahead of the November midterm elections.

  • October 07, 2026

    1st Circ. Clearing Appeals Over Old FCC Jail Phone Cap Order

    The First Circuit is clearing up a tangle of appeals it has on its plate challenging the Federal Communications Commission's prison phone rate caps after the agency threw a wrench in the plan by updating those regulations post-oral argument.

  • October 07, 2026

    California Federal Judge Jeffrey White To Retire After 24 Years

    Senior U.S. District Judge Jeffrey S. White will retire at the end of the year after nearly a quarter-century on the federal bench in Northern California.

  • October 07, 2026

    States Urge Justices To Fix Prediction Markets' Legal 'Chaos'

    A coalition of 39 states and the District of Columbia urged the U.S. Supreme Court on Wednesday to resolve a circuit split over the regulation of prediction markets like Kalshi, saying the industry's "aggressive theory of preemption" threatens states' sovereignty and ability to protect their residents. 

  • October 07, 2026

    Trump 'Outsourced' White House Press Functions, Judge Told

    Media organizations urged a New York federal judge on Wednesday to stop President Donald Trump from using Truth Social for his communications as long as the company offers paid early access to those posts, arguing that the private company's "entwinement" with the president violates the First Amendment.

  • October 07, 2026

    Trump Admin Challenge To Mich. Egg Rules Tossed

    A Michigan federal judge on Wednesday threw out the federal government's suit over the state's ban on eggs produced by caged hens, ruling that the government lacks standing to challenge the law.

  • October 07, 2026

    Justices Wary Of Prolonging Guam Ammo Disposal Suit

    The U.S. Supreme Court on Wednesday appeared wary of ruling that a Guam-based nonprofit can't challenge the U.S. Air Force's plan to explode expired munitions because its application to do so has yet to be approved by the territory's Environmental Protection Agency.

  • October 07, 2026

    Okla. Pot Agency Accused Of Retaliating Over Gender Pay Gap

    The Oklahoma Medical Marijuana Authority was hit with a sex discrimination and retaliation lawsuit by a former employee who claims the agency reprimanded her for pointing out that she was paid less than her male colleagues, according to a lawsuit filed in federal court Tuesday.

  • October 07, 2026

    RI Says Changed Law Moots Challenges To Pot Program

    It's time to bring to an end three lawsuits that challenged Rhode Island's social equity and adult-use cannabis licensing program, the state has told a federal court, arguing that the litigation is moot now that the Legislature has changed the challenged provisions.

  • October 07, 2026

    Local Banks Want In On Plan To Use Banks To Stop Robocalls

    Community banks want to make sure they qualify to issue letters of credit to voice providers if the Federal Communications Commission decides to go through with rules that would require companies to show they have financial backing in the hopes of staunching the onslaught of robocalls.

  • October 07, 2026

    FCC Eyes Spectrum Sale To Boost 5G, Satellite D2D

    The Federal Communications Commission's staff has teed up a proposal that would pave the way for a new auction of 25 megahertz worth of spectrum that could be used for advanced Earth-based wireless service and satellite connectivity to smart devices.

  • October 07, 2026

    PhRMA Sues To Block Medicare Foreign Drug Price Rule

    The pharmaceutical industry's top lobbying group asked a D.C. federal judge Wednesday to block a new Medicare rule tying Part B drug payments to prices abroad, claiming that the U.S. Department of Health and Human Services is imposing a "most-favored-nation" price control that Congress has repeatedly declined to enact.

  • October 07, 2026

    1st Circ. Seems Torn On DOJ Bid For Trans Care Records

    The First Circuit on Wednesday appeared divided over whether the Trump administration may access a wide array of documents related to gender-affirming care at Boston Children's Hospital, with judges asking pointed questions of lawyers on both sides.

  • October 07, 2026

    4th Circ. Says FCC Defied Congress Through Political Ad Rule

    A split Fourth Circuit panel Wednesday granted a request from Democratic candidates to force the Federal Communications Commission to issue a ruling on whether broadcasters may only charge the lowest possible rate for ads purchased by political committees attached to candidates.

  • October 07, 2026

    1st Circ. Presses NEA On 'Gender Ideology' Grant Criteria

    A First Circuit panel had sharp questions for the federal government Wednesday about its decision to disfavor National Endowment for the Arts grant applicants who "promote gender ideology," with one judge saying the arts program is supposed to be insulated from politics.

  • October 07, 2026

    DHS Eyes Up To $100K Foreign Student Work Program Fee

    The U.S. Department of Homeland Security proposed a rule Wednesday that would impose a $70,000 fee for foreign students to work in their fields, and another $30,000 tacked on for students in science, technology, engineering and mathematics fields.

  • October 07, 2026

    DOT Unveils Plan To Modernize Space Launch Licensing

    U.S. Transportation Secretary Sean P. Duffy has announced that the Federal Aviation Administration is proposing five new rules to streamline and modernize the commercial space launch and reentry regulations.

  • October 07, 2026

    States Say DHS Is Tying Grants To Immigration Agenda, Again

    A coalition of 20 states and the District of Columbia told a Rhode Island federal court Wednesday that the Trump administration is still unlawfully tying certain grant funding to their assistance with immigration enforcement efforts, in violation of the court's permanent injunction rulings.

  • October 07, 2026

    8th Circ. Upholds $35,000 Costs Award In DAPL Protest Case

    An Eighth Circuit panel has upheld a lower court's award of more than $35,000 in costs to Morton County, North Dakota, and its officials in a challenge by an environmentalist who was severely injured by law enforcement during a protest over the Dakota Access pipeline.

  • October 07, 2026

    1st Circ. Skeptical Of Legal Basis For IRS-ICE Data Sharing

    The First Circuit repeatedly suggested during a hearing Wednesday that the Trump administration's use of a privacy exception in the tax code for criminal investigations to justify demanding tax records of noncitizens could allow it to target nearly anyone's private returns.

  • October 07, 2026

    DOJ Urges Judge To Lift Block On Birthright Citizenship Order

    The Trump administration is urging a Maryland federal judge to dissolve her injunction blocking its latest executive order aiming to limit birthright citizenship, claiming that new agency guidance confirming that the policy only applies to children born after it takes effect leaves the families who originally sued without standing.

  • October 07, 2026

    Tenn. Judge Tosses Developer's Data Centers Moratorium Suit

    A Tennessee federal judge has tossed a data center developer's challenge to a moratorium on data centers without prejudice, ruling in part that the suit is inconsistent when it comes to the type of property interest that the developer is asserting with its allegations.

Expert Analysis

  • 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.

  • How Trucking Cos. Can Tackle Risk From New DOJ Task Force

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    Trucking companies should audit their drivers’ credentials and address risk areas lest they attract the attention of the new Justice Department-led task force against the fraudulent licensing of immigrants as commercial truckers, which is turning former questions of administrative or regulatory noncompliance into matters for federal prosecution, say attorneys at RJO.

  • What To Expect From Colorado's New Artist Co. Structure

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    Colorado's newly established class of artist companies, or A-Corps, provides a useful structure for small-scale ventures, but challenges could arise for more complex business plans, and limitations on investor participation may limit widespread adoption, say attorneys at Armstrong Teasdale.

  • 2 Cases Shed Light On Invoking The 5th Before Congress

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    Given the anticipated increase in congressional investigations following the midterm elections, those who anticipate being in Congress' spotlight can draw valuable Fifth Amendment lessons from the ongoing case involving Dr. Anthony Fauci's testimony and the D.C. Circuit’s recent ruling in de la Torre v. Cassidy, say attorneys at King & Spalding.

  • AG Watch: Oregon Targets Consumer Costs

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    Oregon Attorney General Dan Rayfield's challenges to bank interest rate and escrow preemption signal heightened scrutiny of consumer costs for lending services, requiring financial institutions serving Oregon and other states with opt-out laws to reassess compliance risk, says Keturah Taylor at Cozen O'Connor.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • FTC Focus: A Shift In The Pricing Disclosure Terrain

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    Recent state and Federal Trade Commission developments spotlight materially different ways in which personalized pricing might be addressed, which could result in an increasingly fragmented regulatory landscape in which businesses face differing disclosure obligations and substantive restrictions depending upon the jurisdiction, say attorneys at Proskauer.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Compliance Lessons From Agriculture Co. Mexican Bribe DPA

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    Agricultural company Scoular’s recently announced deferred prosecution agreement over alleged Foreign Corrupt Practices Act violations at the U.S.-Mexico border reinforces the U.S. Department of Justice’s focus on cartels, and companies must accordingly ensure they address risks associated with the use of customs brokers, says Adam Safwat at Foley Hoag.

  • OpenAI Deal Highlights AI Hiring Risks In PERM Process

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    The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

  • 5 Practice Tips After DOJ's Healthcare Fraud Declination

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    In light of the U.S. Department of Justice's decision to not prosecute Campus Eye Management under the agency's new corporate enforcement and voluntary self-disclosure policy, healthcare companies should keep several considerations in mind when weighing their risk and self-disclosure strategy, including the distinctions between reporting to the DOJ versus other government agencies, say attorneys at Haynes Boone.

  • What Bulk-Power Gear Import EO Means For US Energy Cos.

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    Though President Donald Trump's recent executive order restricting imports of foreign-produced bulk-power system electrical equipment imposes no immediate obligations on private parties, stakeholders can take near-term steps to mitigate supply chain and contractual risks, as much of the order's ultimate impact will depend on implementing regulations, say attorneys at Orrick.

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