Public Policy

  • May 08, 2026

    DC Circ. Won't Unblock ICE Visits Notice Rule During Appeal

    The Trump administration cannot reinstate a policy requiring lawmakers to provide a week's notice before making oversight visits to immigration detention centers while it appeals an order putting the policy on hold, the D.C. Circuit ruled Friday, with one judge calling the decision a "close call."

  • May 08, 2026

    NJ Panel Backs Cannabis License Denial Over Odor Concerns

    A New Jersey city's officials can deny a micro cannabis dispensary's license application based on concerns they have about the business's odor mitigation plan and consumption lounge, a state appeals court ruled, finding they acted within their discretion.

  • May 08, 2026

    FTC's Gender-Care Probe Likely Retaliatory, Judge Says

    The Endocrine Society has convinced a D.C. federal judge that the Federal Trade Commission's motivation for targeting it with a subpoena was likely retaliation for the guidelines the nonprofit produced regarding gender-affirming care.

  • May 08, 2026

    Social Media Litigation Gains Reveal Potential Regulatory Path

    Recent suits by a social media user and two state attorneys general in their bids to hold Meta and other tech giants accountable for the allegedly addictive nature of their platforms have brought to the forefront a potentially lucrative strategy for more broadly regulating online harms, as the First Amendment and other roadblocks continue to stymie legislative efforts.

  • May 08, 2026

    Canceled Solar Grants Suit In Wrong Court, Wash. Judge Hints

    A Washington federal judge on Friday hinted that she lacks jurisdiction over a multistate challenge to the federal government's cancellation of a solar energy project grant program, citing recent U.S. Supreme Court precedent indicating that a bid to reinstate the funding would belong in the Court of Federal Claims.

  • May 08, 2026

    Social Media Harm To Teens Can Be Pinpointed, Judge Told

    Social media's degree of blame for New Mexico teens' mental health challenges can be statistically isolated and quantified, a health computational scientist testified Friday in the state's $3.7 billion bench trial against Meta.

  • May 08, 2026

    Kratom Seller Asks 10th Circ. To Review Utah Ban

    A kratom drink maker is asking the Tenth Circuit to block a Utah law banning its product after a federal judge refused a preliminary injunction request, which it claimed left it facing more than $10.7 million in lost sales.

  • May 08, 2026

    DHS Has 2 Weeks To Reimburse Shelter Program Grantees

    An Illinois federal judge gave the U.S. Department of Homeland Security two weeks to process all the reimbursement claims it received before terminating a grant program intended to help shelter and assist new migrants, criticizing the government's "defiance" of earlier orders to do so.

  • May 08, 2026

    Town Looks To Toss Firing Suit Over Pantsless Mayor Video

    A North Carolina town and several officials have doubled down on their efforts to exit a former IT worker's suit claiming he was fired for releasing surveillance footage of the mayor walking around town hall late at night without pants, pointing to a host of alleged defects in the complaint.

  • May 08, 2026

    Colo. Legislators Pass Bill Limiting Surveillance Pricing

    The Colorado General Assembly has passed a bill that limits companies and others from using consumers' and workers' personal data for setting individualized consumer prices and worker wages.

  • May 08, 2026

    Feds To Challenge Nix Of Fast-Track Immigration Appeals Rule

    The Trump administration will ask the D.C. Circuit to revive new rules that would reshape how the Board of Immigration Appeals hears challenges to immigration court removal orders.

  • May 08, 2026

    Judge Probes Cert. For Diverse Worker Class In No-Poach Suit

    An Illinois federal judge considering whether to certify a class of former health care employees claiming their wages were suppressed by alleged no-poach agreements between DaVita, UnitedHealth Group's Surgical Care Affiliates and Tenet Healthcare Corp. unit United Surgical Partners International questioned Friday if the group of senior-level workers was too diverse for class treatment.

  • May 08, 2026

    Mich. Panel Says Renewable Energy Siting Order Too Limiting

    The Michigan Court of Appeals ruled Thursday that the state's energy regulatory body unlawfully limited which local governments can participate in the siting process for large renewable energy projects.

  • May 08, 2026

    Oil Groups Say Offshore Drilling Exemption Moots Lawsuit

    Chevron and offshore industry groups have told a federal judge that the recent exemption of Gulf of Mexico oil and gas activities from Endangered Species Act requirements moots a lawsuit challenging federal evaluations of offshore drilling's effects on endangered species.

  • May 08, 2026

    Ohio Health System Looks To Toss DOJ Antitrust Case

    OhioHealth told a federal court Friday the antitrust case from the U.S. Department of Justice and state enforcers over the hospital system's contracts with insurers would limit competition, not restore it.

  • May 08, 2026

    SEC's Atkins Mulls Broker, Exchange Rule Tweaks For Crypto

    U.S. Securities and Exchange Commission Chair Paul Atkins on Friday floated a series of potential rulemaking efforts to address how regimes for brokers, exchanges, clearing agencies and other types of regulated functions apply to cryptocurrency software projects that don't fall within traditional categories.

  • May 08, 2026

    Nike Customers Join Tariff Refund Class Action Trend

    A group of Nike customers on Friday joined the growing number of proposed class actions looking to secure legal rights to refunds of costs tied to President Donald Trump's now-invalidated global tariff regime, saying they were the ones who actually bore the costs.

  • May 08, 2026

    OCC Rules Spur 7th Circ. Remand In Ill. Swipe-Fee Fight

    The Seventh Circuit hit reset Friday in a closely watched legal challenge to a pending Illinois law that bans swipe fees on taxes and tips, directing a lower court to take another look at the case in light of new federal rules declaring the restrictions preempted for many banks.

  • May 08, 2026

    Minnesota Foster Parents Ask Justices To Revisit ICWA Fight

    Two foster parents are asking the U.S. Supreme Court to hear their challenge to the Indian Child Welfare Act after the Minnesota Supreme Court determined they don't have standing to take on the bedrock law on claims of constitutional equal protection rights, telling the justices that the case "cries out for certiorari."

  • May 08, 2026

    TTAB's 'Selective' Approach Spurs Drop In Precedents

    The precedential decision the Trademark Trial and Appeal Board issued late last month upholding the cancellation of a credit union's trademark registration was noteworthy not only for the binding authority it created, but also for its rarity: it was only the sixth such ruling from the board this fiscal year.

  • May 08, 2026

    Why Trump's 2nd Global Tariff May Fare Better On Appeal

    President Donald Trump's administration on Friday appealed the U.S. Court of International Trade's ruling deeming his temporary global tariff unlawful to the Federal Circuit, where judges may view the executive action with more deference than the measures it immediately replaced.

  • May 08, 2026

    ABC Accuses FCC Of Trying To Chill Speech On 'The View'

    ABC has accused the Federal Communications Commission of trying to trample its First Amendment rights by targeting long-running talk show "The View" with an investigation into whether it has been violating the agency's "equal time" rule for political candidates.

  • May 08, 2026

    White House Defends Pardon Process Following Dem Inquiry

    The White House says it has a "rigorous" review process for pardons following an investigation launched by Democrats into possible corruption.

  • May 08, 2026

    Tort Report: Tesla's Legal Exposure Seen As High As $14.5B

    A new report stating that Tesla faces billions in legal liabilities and a $140 million football brain injury verdict against the NCAA lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • May 08, 2026

    Lummi Nation Seeks To Block Telecom Digging At Burial Sites

    The Lummi Nation is asking a Washington district court for an order that would block a telephone company from continuing to construct a broadband project at a site where Indigenous remains have been unearthed, arguing that they have not been allowed to assess the damage or properly rebury their ancestors.

Expert Analysis

  • FTC Focus: Growing Emphasis On Competition In AI

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    The Federal Trade Commission's leadership has continued to highlight that competitive risks in artificial intelligence markets may arise at multiple levels simultaneously, considering not only who controls the resources necessary to build AI systems, but also how those systems function and yield outputs, say attorneys at Proskauer.

  • What's Missing From Latest Gov't Claims Against Harvard

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    The most interesting thing about the Trump administration’s recent civil rights enforcement efforts targeting Harvard University is its decision not to assert violations of the False Claims Act when given the opportunity, despite signals that its enforcement efforts will include use of the federal FCA, say attorneys at Bass Berry.

  • How Cos. Can Prepare For 'Made In America' Ad Scrutiny

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    The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

  • Opinion

    FTC Case Risks Redefining Price Discrimination

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    Federal Trade Commission v. Southern Glazer puts a spotlight on the blurry line between illegal price discrimination and ordinary competition, and could potentially set a precedent that puts nearly any manufacturer at risk of Robinson-Patman Act enforcement, says Jeremy Sandford at Econic Partners.

  • Parsing Rule 12(c) Motion Overuse In Securities Class Actions

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    Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.

  • Preparing For New Calif. Pay Data Reporting Requirements

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    California's S.B. 464 overhauls the state's pay data reporting framework by requiring employers to use job categories that are based on the Standard Occupational Classification system, increasing both the potential visibility of pay disparities and the complexity of compliance, say attorneys at Kaufman Dolowich.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q1

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    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • Justices' Ruling Stresses Quick Action Against Absconders

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    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • New DOD Framework Offers Key Guidance On PFAS Disposal

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    The U.S. Department of Defense's recently updated guidance on disposal of materials containing per- and polyfluoroalkyl substances ends its moratorium on incineration of PFAS-containing waste, but contractors must be ready to demonstrate stringent compliance with the department's new permitting system, operational controls and data practices, say attorneys at Alston & Bird.

  • How Cos. Can Navigate The Patchwork Of AI Safety Bills

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    In the first few months of 2026, state and federal lawmakers introduced hundreds of bills to address the perceived safety risks of artificial intelligence, so companies should assess whether existing or planned services could be scoped into AI safety legislation across jurisdictions, say attorneys at Hogan Lovells.

  • Unpacking FCC's Proposed Rules For Offshore Call Centers

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    The Federal Communications Commission recently proposed rules that would restrict the use of offshore customer service operations, citing consumer frustration, data security risks and fraud as core reasons for the sweeping regulatory move, say attorneys at Eversheds Sutherland.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    As usual, California remained a hub for financial services activity in the first quarter of 2026, with key developments including the California Department of Financial Protection and Innovation's eye on consumer issues, a bill targeting "pig butchering" schemes, and jam-packed courts, say attorneys at Joseph Cohen.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Key Takeaways From The 2026 ABA Antitrust Spring Meeting

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    Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.

  • State FARA Laws Pose Unique Constitutional Challenges

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    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

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