Public Policy

  • September 02, 2026

    10th Circ. Says Vape Shops Fumbled Utah Flavor Ban Appeal

    The Tenth Circuit dismissed an appeal brought by vape businesses challenging Utah's flavored e-cigarette ban, ruling that the companies picked the wrong order to bring to it on appeal.

  • September 02, 2026

    Kroger, Costco, Major Grocers Added To DOJ Beef Price Probe

    The U.S. Department of Justice expanded its investigation into potential anticompetitive conduct in the American beef industry to include The Kroger Co., Walmart, Costco Wholesale Corp. and five other major grocers.

  • September 02, 2026

    Imported Feed Additive Is An Antibiotic, Trade Court Rules

    An animal health company's imports of a powdered feed additive should have entered the U.S. as a duty-free antibiotic, the U.S. Court of International Trade ruled Wednesday, undoing its previous classification as a preparation for animal feed from China that carried a 25% tariff.

  • September 02, 2026

    UMich Says Student Banned From Campus Can't Show Bias

    The University of Michigan and several of its officials on Wednesday asked a federal judge to dismiss a civil rights suit brought by a student and former university employee, saying his claims that he was barred from a campus area for expressing pro-Palestinian views fail and arguing the university was simply enforcing its standard trespass policy.

  • September 02, 2026

    11th Circ. OKs Refusal Of $1.5M Offer To End $140M Tax Debt

    The Eleventh Circuit rebuffed a software company founder's $1.5 million offer to settle his $140 million tax debt from 1999, ruling Wednesday that the IRS properly rejected the lowball offer in a case tied to sham arrangements.

  • September 02, 2026

    11th Circ. Revives Some Of Pot Co.'s License Bias Claims

    The Eleventh Circuit revived Wednesday a cannabis company's suit against Georgia regulators over a denied production license, saying the company showed it suffered an injury from the state's "pay to play" system and had the right to bring a lawsuit despite cannabis being federally illegal.

  • September 02, 2026

    Optics Co.'s £346M Sale Not Stopped By Antitrust Authorities

    Optics technology provider Gooch & Housego, advised by Burges Salmon LLP, said Wednesday that it cleared a regulatory hurdle in its proposed acquisition by Kirkland & Ellis LLP-led private equity shop Arlington Capital, as the antitrust waiting period for the £346 million ($470 million) deal has expired.

  • September 02, 2026

    Mass. Woman Admits Assault On Agents Detaining Immigrants

    A Massachusetts woman pled guilty in federal court on Wednesday to assaulting and threatening to kill federal agents outside a courthouse where they were attempting to detain immigrants, prosecutors said.

  • September 02, 2026

    Crypto Mine Noise Suit Belongs In State Court, Neighbors Say

    Residents of a North Carolina town suing over allegedly excessive noise coming from a nearby cryptocurrency mining and AI data center want their lawsuit bumped back down to state court, arguing the damages they're seeking fall short of the threshold required for federal jurisdiction.

  • September 02, 2026

    DOJ Says Trump's Jan. 6 Speech Was An Official Act

    The U.S. Department of Justice argued Tuesday that President Donald Trump was carrying out one of his office's "most important functions" when he urged protesters to head to the Capitol on Jan. 6, 2021, and "fight like hell," so the D.C. Circuit should deem his speech official conduct.

  • September 02, 2026

    Dems Call Subpoenas' Secrecy Request 'Abuse Of Authority'

    Democratic lawmakers Sen. Ron Wyden, Ore., and Rep. Pramila Jayapal, Wash., have called for an investigation into subpoenas issued from federal law enforcement to private companies that contain nondisclosure provisions and carry threats of legal consequences for noncompliance.

  • September 02, 2026

    Localities Say DHS Can't Tie Grant Funds To Election Process

    Governments in Tennessee, Texas and Ohio have asked a D.C. federal court to grant them a win against the U.S. Department of Homeland Security, arguing Congress did not condition receipt of counterterrorism grants on the way localities administer elections.

  • September 02, 2026

    Calif. Beats DOJ's Challenge To State Trans Athlete Policy

    A California federal judge tossed Monday the government's challenge to Golden State policies allowing transgender students to compete on sports teams that aligned with their gender identity, finding a recent U.S. Supreme Court ruling doesn't bar such policies and the government failed to notify the state of its funding restrictions.

  • September 02, 2026

    Groups Push To Revive Challenges To Trump Monument Cuts

    Coalitions of conservation groups on Wednesday asked a Washington, D.C., federal judge to reopen a series of stayed cases to try to overturn President Donald Trump's removal of millions of acres of land from the Bears Ears and Grand Staircase-Escalante national monuments in Utah.

  • September 02, 2026

    DOJ Opinion Broadens States' Duty To Report To DHS

    All state agencies in states participating in federal welfare programs must notify federal immigration officials about the presence of unauthorized immigrants, according to an opinion released Wednesday by the Justice Department's Office of Legal Counsel.

  • September 02, 2026

    Miami College Officials Claim Immunity In ICE Protest Suit

    Miami college administrators urged a Florida federal court to dismiss a lawsuit filed by students who said they were unjustly disciplined for protesting against a U.S. Immigrations and Customs Enforcement contract, saying immunity bars the complaint against them. 

  • September 02, 2026

    DC Says AC Outage Among 'Shocking' Conditions At Complex

    Washington, D.C., said Wednesday that it has sued the landlord of an affordable housing complex where residents have dealt with "shocking" conditions such as a summertime air conditioning outage, unrepaired fire damage and pest infestations.

  • September 02, 2026

    5th Circ. Presses ATF On Out-Of-State Handgun Sales

    A Fifth Circuit panel pressed the Bureau of Alcohol, Tobacco, Firearms and Explosives to explain the scope of a law barring citizens from purchasing handguns outside their state of residence, asking Wednesday what problems the government would face from the law's revocation.

  • September 02, 2026

    Judge Tosses Feds' Sanctuary Policy Fight Against Rochester

    A New York federal court tossed a lawsuit from the Trump administration challenging the city of Rochester's sanctuary immigration policies, finding the policies do not unlawfully regulate or discriminate against the federal government and are not preempted under federal law.

  • September 02, 2026

    2nd Circ. Faults NLRB's Dress Code Test In Starbucks Appeal

    The Second Circuit faulted the test the National Labor Relations Board applies to neutral dress codes that restrict workers' displays of union insignia, tossing Wednesday a ruling that Starbucks illegally barred workers at a Manhattan shop from wearing pro-union shirts. 

  • September 02, 2026

    Mich. City Says New Rules Moot Developer's Data Center Suit

    The city of Wixom said in Michigan federal court Tuesday that a developer's exclusionary zoning and due process claims over its recently enacted data center moratorium and subsequent denial of a waiver are not viable because they focus on an unapproved site plan under old rules.

  • September 02, 2026

    Calif. Bill Regulating Atty AI Use Heads To Newsom's Desk

    A bill regulating attorneys' and arbitrators' use of generative artificial intelligence has unanimously passed the California State Legislature and is headed to Gov. Gavin Newsom's desk.

  • September 02, 2026

    Colo. Exits Pharma Group's Challenge Of Drug Discount Law

    A Colorado federal court has thrown out a pharmaceutical industry trade group's challenge of a state law requiring drug manufacturers to sell discounted drugs through contracted pharmacies, finding the group failed to show the law conflicts with federal law or controls business activity beyond Colorado's borders.

  • September 02, 2026

    Lutnick Says Semiconductor Tariffs Are Coming, With Carveouts

    U.S. Secretary of Commerce Howard Lutnick on Wednesday said the U.S. is looking to issue a broad tariff on semiconductors, though he also said it would be structured such that companies that commit to U.S. manufacturing would be exempt.

  • September 02, 2026

    Wireless Provider Claims Utility Slowing Idaho Projects

    A wireless services provider claims a Washington-based public utility is slowing down its Idaho broadband deployments and charging excessive fees, asking the Federal Communications Commission to step in.

Expert Analysis

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • What NYC Bridge Crash Signals About Micromobility Liability

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    A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • HSR Deals Proceed More Steadily Than Narratives Suggest

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    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

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    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

  • Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

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    Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

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