Public Policy

  • August 28, 2026

    Fla. Says PBMs Fixed Prices For Prescription Drugs

    Florida's attorney general on Thursday sued two competing pharmacy benefit managers for allegedly colluding to fix prescription drug reimbursement rates to pharmacies, which the state said threatens Floridians' access to affordable medications.

  • August 28, 2026

    NJ Law Requires Data Centers To Report Utility Usage

    New Jersey Gov. Mikie Sherrill signed a bill into law on Aug. 27 that requires data centers in the state to provide the New Jersey Board of Public Utilities with semiannual water and energy usage reports.

  • August 28, 2026

    Trump Denied New Bid To Federalize Hush Money Prosecution

    A New York federal judge on Friday again denied President Donald Trump's bid to move his criminal hush money conviction out of state court, finding as he did earlier that a federal law defense that Trump was operating in his official capacity would be meritless.

  • August 28, 2026

    IRS Corrects Proposed Regs On Foreign Tax Rules

    The Internal Revenue Service issued a notice Friday to correct several aspects of proposed regulations issued this month that relate to allocating foreign taxes following the repeal of a deferral election and the disallowance of foreign tax credits on certain distributions of previously taxed earnings.

  • August 28, 2026

    House Eyes Vote To Lock Supreme Court At 9 Justices

    The House returns from recess on Monday, and its agenda could include a vote to keep the number of U.S. Supreme Court justices at nine.

  • August 28, 2026

    Minnesota Urges Justices To Reject Foster Parents' ICWA Bid

    The Minnesota Attorney General's Office said two foster parents' challenge to the Indian Child Welfare Act is far from over, because even if they could clear a jurisdictional bar, the Supreme Court will likely remand the dispute and leave the couple's equal protection question to be litigated another day.

  • August 28, 2026

    4 Arguments For Benefits Attys To Watch In September

    The Fifth Circuit will weigh Louisiana's bid to block telehealth access to the abortion drug mifepristone, while the Fourth Circuit will hear Lockheed Martin's challenge to a trial court decision that kept a pension de-risking suit alive. Here's a look at these and other argument sessions that should be on benefits attorneys' radar next month.

  • August 27, 2026

    Anthropic Judge Rejects Trump's Nat'l Security 'Blank Check'

    The U.S. Department of Defense's designation of Anthropic PBC as a supply chain risk to national security was not based on a credible threat, but rather was retaliation for the company's public criticism of the Trump administration's position in contract negotiations, a California federal judge ruled Thursday.

  • August 27, 2026

    Mass. Judge Halts USPS Mail Ballot Rule Before Midterms

    A Massachusetts federal judge late Thursday temporarily blocked the U.S. Postal Service from implementing a new rule allowing it to deny delivery of mail-in ballots from voters whose names are not on citizenship lists the Trump administration is compiling ahead of November's midterms.

  • August 27, 2026

    OCC, FDIC Raise Bar For Examiners To Criticize Banks

    Federal banking regulators moved Thursday to rein in their use of supervisory warnings and enforcement actions, rolling out new standards that they said will focus examiner attention on material financial risks rather than process and documentation concerns.

  • August 27, 2026

    OpenAI Leads Corporate Push To Bolster Cyber Defense

    OpenAI and more than 100 other companies and organizations signed an open letter Thursday calling for a global surge in cyber defense, warning that artificial intelligence will make cyberattacks "more widespread and sophisticated" in the coming months.

  • August 27, 2026

    States' Suit Says HHS Terms Threaten Family Planning Dollars

    Twenty-three states launched a lawsuit in Maryland federal court Thursday challenging the U.S. Department of Health and Human Services' new conditions on federal funding for family planning services that they say would require recipients end support for "gender ideology," abandon diversity programming and drive patients toward parenthood and marriage.

  • August 27, 2026

    SD Judge Takes On Voter ID Rule Affecting Tribes

    A South Dakota federal judge expedited briefing for a preliminary injunction bid in a League of Women Voters lawsuit against the state ahead of absentee voting that starts Sept. 18, ruling the league can hasten its challenge of a new documentary proof of citizenship requirement.

  • August 27, 2026

    Enviro Groups Seek More Time To Fight Roadless Rule Repeal

    Environmental groups have asked the U.S. Forest Service to extend a public comment period for its proposal to scrap a 25-year-old "Roadless Rule" that bars logging and road construction on tens of millions of acres of national forest around the country.

  • August 27, 2026

    Colo. AG Accuses EarnIn Of Making Illegal Payday Loans

    Colorado's attorney general has accused the financial firm EarnIn of illegally providing "predatory" payday loans to tens of thousands of Coloradans through its earned wage access product, charging annual percentage rates of 1,000% or more.

  • August 27, 2026

    DOJ Targets 4 More States Over Immigrant Tuition Benefits

    The U.S. Department of Justice sued Arizona, New Mexico, Oregon and Washington on Thursday over their laws allowing unauthorized immigrants to pay in-state tuition, arguing the measures amount to unconstitutional discrimination against U.S. citizens.

  • August 27, 2026

    FCC Ends Caption Reg On Public Channel Video Programmers

    The Federal Communications Commission has scrapped a requirement that video programmers show they comply with closed captioning rules if they only provide content to local public, educational and governmental channels that are exempt from captioning mandates.

  • August 27, 2026

    'We Are Not Afraid To Try This Case,' Says Rep. McIver's Atty

    Rep. LaMonica McIver, D-N.J., and her legal team Thursday outlined her options following the appeals court decision affirming that charges against her arising from her oversight visit to an immigration detention facility can move forward.

  • August 27, 2026

    NY, Sheriffs File Dueling Suits Over ICE Agreements

    New York Gov. Kathy Hochul and Attorney General Letitia James sued the Rensselaer County Sheriff's Office on Thursday for failing to comply with a newly enacted state law requiring local law enforcement agencies to end agreements to assist with federal immigration enforcement.

  • August 27, 2026

    Chamber Says FTC's Meta Appeal Trying To 'Rewrite' Law

    The U.S. Chamber of Commerce and other amicus filers urged the D.C. Circuit not to revive the Federal Trade Commission monopolization lawsuit targeting Meta's purchases of WhatsApp and Instagram, taking issue Thursday with how the FTC characterizes social media competition, consumer behavior and the law allowing it to sue.

  • August 27, 2026

    Officer Assaults Not Always Violent Crimes, 8th Circ. Says

    An Eighth Circuit panel has ruled that assault against a federal employee is not categorically a crime of violence, saying U.S. Supreme Court precedent demands proof of more physical force than a conviction under the federal statute requires.  

  • August 27, 2026

    Telecoms Face FCC Call Block Over Robocall Compliance

    The Federal Communications Commission has told nine different telecoms that they need to get right with their robocall mitigation database certifications or face being booted off U.S. networks.

  • August 27, 2026

    SpaceX Seeks Green Light On Gen3 System

    Since the FCC is already in the middle of overhauling its satellite licensing framework to presume applications are in the public interest if they follow certain rules, SpaceX wants the agency to apply that presumption to the 100,000-satellite constellation it has proposed.

  • August 27, 2026

    Ex-West Point Prof Says Climate Science Stand Cost Him Job

    A former West Point professor is alleging in New York federal court that the military academy violated his First Amendment rights when it forced him out after he voiced opposition to a directive to stop teaching cadets about human contributions to climate change.

  • August 27, 2026

    Charter Schools Blast Proposal To Limit E-Rate To Rural Areas

    Public charter schools told the Federal Communications Commission that the agency cannot pare back the E-Rate subsidy program to just rural areas because Congress meant the program to serve all low-income areas, including urban neighborhoods.

Expert Analysis

  • 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.

  • What's Inside Proposed, Expanded NY Stablecoin Regulations

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    New York's recently proposed regulations for payment stablecoin issuers would, if adopted, increase the regulatory burdens of a state license, and midsize issuers considering a conversion to a federal charter should weigh the associated costs of both options, say attorneys at Lowenstein Sandler.

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