Public Policy

  • September 15, 2026

    Justices Told DHS Voter Citizenship Database 'Unprecedented'

    The U.S. Supreme Court should reject the Trump administration's bid to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's election, a voting rights group told the court Tuesday, arguing that the administration unlawfully reinterpreted several statutes to claim that Congress authorized the changes.

  • September 15, 2026

    DC Judge Blocks 2nd Trump Naming Effort At Kennedy Center

    A D.C. federal judge rejected the Kennedy Center's latest effort to put President Donald Trump's name on the building's facade Tuesday, saying yet again that the performing arts center's board can't memorialize anyone but John F. Kennedy at the facility without Congress' say-so.

  • September 15, 2026

    Dems Block Crypto Bill Over Ethics Concerns

    The Senate on Tuesday failed to clear a procedural hurdle for the Clarity Act, which was primed to be the first comprehensive federal regulatory framework for digital asset markets, as Democrats said the ethics guardrails were not strong enough.

  • September 15, 2026

    NYC Asks 2nd Circ. To Greenlight Uber, Lyft Deactivation Law

    New York City has urged the Second Circuit to lift an injunction blocking a municipal ordinance prohibiting Uber and Lyft from "deactivating" drivers without formal notice and investigation, arguing that the lower court wrongly found that the companies would likely win their contract claims.

  • September 15, 2026

    Connecticut Wins Fight Over School Vaccine Exemptions

    Connecticut has won the dismissal of a challenge to its mandatory school vaccination laws, beating through both litigation and legislative amendments allegations by parents that the state's rollback of vaccine exemptions violated religious freedom statutes and the state and federal constitutions.

  • September 15, 2026

    Mich. AG Says PBMs Put Opioid Profits Before Patient Safety

    Michigan Attorney General Dana Nessel has asked a federal court not to dismiss the state's lawsuit accusing pharmacy benefit managers including Express Scripts and Optum of abetting the opioid epidemic, arguing the PBMs are not passive administrators, but profit-driven architects of the crisis.

  • September 15, 2026

    Cruz Delays FCC Nom's Hearing Amid Calls To Add Dem Pick

    A bevy of civil rights organizations said Tuesday the U.S. Senate should hold off on confirming another Republican to the Federal Communications Commission unless a sitting FCC Democrat is renominated to her post.

  • September 15, 2026

    7th Circ. Debates Federalism, Bad-Faith Prosecution Limits

    A case deemed moot by the Seventh Circuit nonetheless drew commentary Monday from several judges on the court, with four calling an injunction that blocked Florida from pursuing a state court suit over youth gender-affirming care a "grievous blow" to federalism, while others said federal intervention is a "constitutional safety valve" against bad-faith prosecutions.

  • September 15, 2026

    TikTok Pay Scale Suit On Pause Pending Wash. Appeal

    A Washington state court has extended a stay in a proposed class action accusing TikTok of omitting salary information from job postings, keeping the case paused while an appeals court considers whether a key provision of the state's pay transparency law applies retroactively.

  • September 15, 2026

    Mich. Man Sues City Over Removal From Public Forum

    A Palestinian American man has sued the city of Eastpointe, Michigan, alleging its officials violated his First Amendment and civil rights by removing him from a public forum after he silently displayed a sign accusing the city council of complicity in the war in Gaza.

  • September 15, 2026

    FDA Seeks Applications For Project To Speed Up Human Trials

    Federal regulators on Tuesday launched a pilot program that will pair pharmaceutical companies with research institutions in an effort to make it faster and easier to conduct clinical trials on humans in the United States.

  • September 15, 2026

    Bessent Teases Higher AML Reporting Thresholds For Banks

    U.S. Treasury Secretary Scott Bessent told a U.S. House panel on Tuesday that the Trump administration is moving toward relaxing longstanding transaction reporting requirements for banks as part of its broader push to overhaul federal anti-money laundering rules.

  • September 15, 2026

    Next Tariff Refund Phase To Deploy Next Month, CBP Says

    U.S. Customs and Border Protection's next phase for its system administering tariff refunds for duties struck down by the U.S. Supreme Court will deploy Oct. 6, according to a declaration filed Tuesday in the U.S. Court of International Trade.

  • September 15, 2026

    Judge Bars Oregon Steelhead Stocking In North Santiam River

    A federal judge has ordered Oregon to stop releasing non-native summer steelhead into the North Santiam River for recreational fishing until the National Marine Fisheries Service updates a flawed opinion on the harms the hatchery-raised fish may pose to native winter steelhead.

  • September 15, 2026

    1st Circ. Suggests Appeal In Drug Rebate Case May Be Moot

    A First Circuit panel raised mootness concerns as it heard arguments Tuesday from drug companies appealing a ruling that prevented them from intervening in a now-dismissed case to defend a rebate model for a federal drug-pricing program. 

  • September 15, 2026

    Trade Court Orders Better Explanation For Indian Glycine Rate

    The U.S. Department of Commerce must give a better explanation for why it chose to hit an Indian exporter of glycine with an antidumping duty rate it reached using a different calculation method than expected, the U.S. Court of International Trade ruled.

  • September 15, 2026

    Justices Asked To Resolve Cannabis Dormant Commerce Split

    A California litigator's campaign of lawsuits alleging that state and local cannabis regulatory regimes violate the U.S. Constitution's dormant commerce clause has culminated in a petition for a writ of certiorari which appeared on the U.S. Supreme Court's docket Tuesday.

  • September 15, 2026

    FTC Chair Wary Of AI's Dual Push For Regs, Antitrust Shield

    Federal Trade Commission Chair Andrew Ferguson cast doubt Tuesday on the sincerity of artificial intelligence companies asking Washington for more safety regulations even as they seek antitrust exemptions so they can agree to AI development limits.

  • September 15, 2026

    9th Circ. Backs Tribe In Casino Fight, Questions Joinder Rule

    A Ninth Circuit panel has rejected a group of Anchorage, Alaska, residents' appeal to undo an order finding the Native Village of Eklutna immune from their lawsuit seeking to block a casino development, with two judges expressing some doubt over a tribe's ability to be joined in a lawsuit.

  • September 15, 2026

    Trade Court Upholds Commerce's New Mexican Pipe Duty Test

    The U.S. Department of Commerce reasonably revised its pricing analysis for Mexican exporters of certain pipes and tubes following a Federal Circuit ruling that outlawed the previously used price calculation methodology, according to an opinion issued by the U.S. Court of International Trade.

  • September 15, 2026

    Washington Sen. Murray Vows To Block Trump US Atty Pick

    President Donald Trump's nominee to be U.S. Attorney for the Western District of Washington is under fire from one of the home state senators who vowed to use every avenue possible to block him.

  • September 15, 2026

    No Pause Needed In Daniel's Law Cases, 3rd Circ. Told

    Atlas Data Privacy Corp. urged the Third Circuit to reject a bid to pause discovery in consolidated litigation over New Jersey's judicial privacy law as the appeals court considers a First Amendment challenge to the statute, arguing the defendant data brokers failed to show irreparable harm.

  • September 15, 2026

    EU States Resist Taxing Electricity No More Than Natural Gas

    Many European Union member states are opposed to a draft regulation that would require them to keep tax rates on electricity no higher than on natural gas and to adopt a tax framework supporting electricity more generally, according to comments obtained by Law360 on Tuesday.

  • September 15, 2026

    5th Circ. Backs Toss Of Texas Law Firm's Pandemic Loan Bid

    The Fifth Circuit upheld the U.S. Small Business Administration's denial of a Texas law firm's bid for forgiveness of a Paycheck Protection Program loan of about $249,000 due to the firm's failure to disclose a pending criminal complaint against its owner.

  • September 15, 2026

    Ex-Dem Rep. Gets Time Served In Benefits Fraud Scheme

    Former Georgia state Rep. Dexter Sharper has been sentenced to time served by a federal judge who also ordered him to pay back thousands of dollars in unemployment benefits he lied to collect during the coronavirus pandemic.

Expert Analysis

  • 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.

  • 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.

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