Public Policy

  • September 02, 2026

    Austrian Oil Pipe Imports Facing Possible Countervailing Duty

    Imports of certain pipes known as oil country tubular goods from Austria are in line for a possible countervailing duty after the U.S. Department of Commerce found Monday that they are benefiting from government subsidies.

  • September 02, 2026

    DOJ Ad Tech Judge Won't Break Up Google's Biz

    A Virginia federal judge on Wednesday refused to break up Google's advertising placement technology business, opting instead to grant the U.S. Department of Justice a litany of behavioral fixes aimed at limiting the search giant's ability to boost itself and the ads running through its own servers over ads from rival ad tech providers.

  • September 01, 2026

    Watchdog Sues To Unmask Feds' 'Secret' Frontier AI Review

    A nonprofit ethics watchdog accused the Trump administration in D.C. federal court Tuesday of failing to hand over information about the "secret de facto regulatory regime" governing frontier artificial intelligence models.

  • September 01, 2026

    Parler Ouster Talk Was 'Reaction' To Bad CEO, Jury Told

    Billionaire Rebekah Mercer testified Tuesday that her team's strategizing about getting rid of Parler's then-CEO was simply "reacting" to his poor performance, even before the Jan. 6 insurrection sent the social media app "to hell in a handbasket."

  • September 01, 2026

    ETF Issuers Urge SEC To Focus On Risk Over Novelty

    Exchanges and issuers urged the U.S. Securities and Exchange Commission to apply existing rules for exchange-traded funds to oversee "novel" offerings holding asset classes like crypto and event contracts, while consumer advocacy groups took a hard line against products referencing sports or election wagers.

  • September 01, 2026

    Copyright Chief Says Cook Ruling Bolsters Firing Challenge

    The U.S. Copyright Office's Shira Perlmutter has asked the D.C. Circuit to reverse a federal judge's refusal to block her firing by the Trump administration, arguing that the U.S. Supreme Court's June decision protecting Federal Reserve Gov. Lisa Cook undercuts the lower court's reason for denying her preliminary relief.

  • September 01, 2026

    Satellite Permitting, Robocall Bills Sail Through Subcommittee

    The SAT Streamlining Act was one of half a dozen bills that breezed through a House energy and commerce subcommittee Tuesday afternoon, with lawmakers managing to get all six bills sent along to the full committee in under an hour.

  • September 01, 2026

    VA Judge Blocks Effort To Limit Local ICE Cooperation

    A federal judge in Virginia granted the government's motion for a preliminary injunction to prevent the Commonwealth of Virginia's efforts to regulate cooperation between state, local and federal immigration enforcers.

  • September 01, 2026

    SEC Sends White House Plan For Retail Private Market Access

    The U.S. Securities and Exchange Commission's Division of Investment Management has submitted to the White House a proposal to help facilitate retail investors' exposure to private markets and enable investment advisers to charge related performance fees, saying it could provide more opportunities for investors looking to diversify their portfolios.

  • September 01, 2026

    DC Circ. Reinstates Bergdahl Court-Martial Conviction

    The D.C. Circuit ruled Tuesday that a district court judge lacked jurisdiction to vacate Bowe Bergdahl's 2017 court-martial conviction for desertion, finding that only military appellate courts can directly overturn court-martial judgments and reversing a summary judgment decision that voided the conviction.

  • September 01, 2026

    High Court Case Looms Over State Climate Superfund Fights

    A federal judge has dealt a blow to the viability of state climate change Superfund laws, although experts say the ruling may ultimately be marginalized by a looming U.S. Supreme Court decision on the future of climate tort litigation against fossil fuel companies.

  • September 01, 2026

    NJ Gov. Renews Judicial Advisory Panel With 5 Newcomers

    New Jersey Gov. Mikie Sherrill expanded and reshaped the state's Judicial Advisory Panel on Monday, issuing an executive order that adds an eighth seat on the panel and replaces four of its longtime members, including three former state Supreme Court justices who had served under previous administrations, with new appointees.

  • September 01, 2026

    DirecTV Says Emergency Alert Symbols Are A Hard Sell

    The Federal Communications Commission's heart was in the right place when it floated the idea of requiring emergency alerts to include visual symbols, but satellite television providers just aren't set up to display those symbols, DirecTV has told the agency.

  • September 01, 2026

    Enviro Groups Sue Forest Service To Halt Logging Project

    Environmental groups led by the Center for Biological Diversity launched a legal challenge in Washington federal court Monday to the U.S. Forest Service's approval of a logging project in the Methow Valley, saying the project would diminish old-growth forests and imperil Northern spotted owls and bull trout.

  • September 01, 2026

    Lumen Beats $1.4B Pension Swap Suit

    A Colorado federal judge on Tuesday ruled in favor of Lumen Technologies in a class action regarding $1.4 billion in pension obligations transferred to a risky insurance company, saying that plan participants could not show they suffered a current cognizable harm of loss of protections and the threat of impending injury was unconvincing.

  • September 01, 2026

    Abbott, Paxton Feud Over Authority To Settle With Feds

    Texas Gov. Greg Abbott told a Texas federal court that he, as the state's "chief executive officer," must sign off on a potential settlement with the federal government over a border barrier dispute, feuding with his state's attorney general.

  • September 01, 2026

    Unified, Industry Orgs. Again Push Justices On PTAB Policies

    Unified Patents, Clearing House Payments subsidiary Askeladden and a series of industry groups have continued pressing the U.S. Supreme Court to accept petitions addressing the U.S. Patent and Trademark Office's patent review authority, this time in a case brought by Tesla.

  • September 01, 2026

    Treatment Centers Cited Over Unpaid Work By Patients

    Massachusetts' attorney general on Tuesday announced a first-of-its-kind citation of over $1 million against a faith-based substance use treatment program for allegedly having hundreds of participants perform unpaid work, including landscaping and moving, for businesses.

  • September 01, 2026

    Colo. Panel Mulls Enviro Groups' Challenge To Emission Rule

    Environmental advocacy groups urged a Colorado appellate court to revive their challenge to a state agency's rule on emissions monitoring, arguing Tuesday that the rule allows most polluters to escape certain monitoring requirements by paying a fee, while the judges focused counsel on questions of statutory interpretation.

  • September 01, 2026

    Noncitizens Sue DHS Over 'Fine Everyone Policy'

    Five noncitizens have filed a proposed class action accusing the U.S. Department of Homeland Security of illegally fining noncitizens who enter the U.S. without authorization, issuing the fines retroactively and far from the border in violation of a narrowly drafted charging provision in the 2025 federal budget reconciliation law. 

  • September 01, 2026

    HHS Seeks 9th Circ. Review Of Tribal Opioid Clinic Order

    The U.S. Department of Health and Human Services has appealed to the Ninth Circuit for a review of a lower court order requiring the HHS' Indian Health Service to fund a Pechanga Band of Indians' opioid treatment facility.

  • September 01, 2026

    4 Mass. Rulings You May Have Missed In August

    Three fertility doctors defeated claims they violated a nonsolicitation agreement, while a consulting company failed in its effort to amend a four-year-old contract suit that has already been extensively litigated, among other notable Massachusetts state court rulings in August.

  • September 01, 2026

    Foreign Air Carriers To Challenge FCC Altimeters Order

    The International Air Transport Association is challenging a Federal Communications Commission order requiring aircraft serving the United States to upgrade their radio altimeters but limits reimbursements to domestic carriers.

  • September 01, 2026

    Teachers Union Wants In On CDL Data Fight

    The American Federation of Teachers is seeking to enter a lawsuit challenging the Trump administration's bid to obtain a database containing information on 17 million commercial driver's license holders, telling a Virginia federal court Tuesday that the 24 states bringing the suit don't adequately represent the interests of the union.

  • September 01, 2026

    SEC Plans To Bless Transfer Agents' Blockchain Use

    The U.S. Securities and Exchange Commission is promising sweeping changes to the rules governing transfer agents for the first time in 40 years, issuing a proposal Tuesday that would, among other things, allow agents to utilize the blockchain in tracking securities ownership. 

Expert Analysis

  • CFTC Policy Substantially Expands Self-Reporting Incentives

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    A recent U.S. Commodity Futures Trading Commission policy moves from a mitigation-centered model to prioritizing declination for early self-reporting and full cooperation, reflecting a deliberate effort to harmonize voluntary self-disclosure incentives across the federal enforcement authorities, say attorneys at Sullivan & Cromwell.

  • Opinion

    Exxon Shareholders Were Right To Save New Voting Program

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    Following Exxon shareholders’ recent vote that rejected a bid to dismantle the company’s new retail voting program, other companies should replicate it as a way to lower the friction for shareholders who already vote with the board to keep doing so without wrestling a ballot every spring, says J.W. Verret at the Antonin Scalia Law School.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • What Ratings Overhaul May Mean For Banking Industry

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    Proposed revisions to the bank rating system commonly known as CAMELS could constrain examiner discretion and tie supervisory outcomes more closely to measurable financial risk, potentially saving compliance costs, reducing the frequency of ratings downgrades and spurring a more growth-oriented banking system, say attorneys at Debevoise.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q2

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    The last three months were particularly consequential for Illinois banking law, with a federal court ruling reshaping the Interchange Fee Prohibition Act, the state filling enforcement gaps, significant legislative activity and a revision to the community bank leverage ratio, say attorneys at Riley Safer.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • 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.

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