Public Policy

  • May 12, 2026

    Feds Tell 9th Circ. They Have Last Word On Pipeline Restart

    A federal pipeline regulator told the Ninth Circuit on Monday it reasonably asserted jurisdiction over an oil pipeline system near Santa Barbara, California, and approved a Texas company's restart plan, saying challenges brought by California and environmental groups are unfounded.

  • May 12, 2026

    Law Student Can't Get School To Nix Kirk Comment Discipline

    A Texas federal judge on Tuesday said the court cannot force Texas Tech University's leaders to rescind a reprimand against a law student who allegedly celebrated following the death of Charlie Kirk, as the university has sovereign immunity.

  • May 12, 2026

    Sports Broadcasting Protections Need Overhaul, Groups Say

    State broadcasting groups have called on Congress to update the Sports Broadcasting Act of 1961 to protect fan access to programming amid the growing number of streaming paywalls.

  • May 12, 2026

    5th Circ. Judge Hints PWFA Fight May Be Headed For Justices

    The full Fifth Circuit grappled Tuesday with whether lawmakers had to be physically present to have validly enacted the Pregnant Workers Fairness Act, in a case one judge said will head to the U.S. Supreme Court if a lower court ruling barring PWFA enforcement against Texas stands.

  • May 12, 2026

    Ga. Lets Gig Workers Tap Into Benefits Without Status Shift

    Georgia gig workers can access benefits like health insurance and retirement savings plans without giving up independent contractor status under legislation recently signed by Gov. Brian Kemp. 

  • May 12, 2026

    ACLU, Other Groups Want To Back Mich. In ICE Facility Fight

    The American Civil Liberties Union was joined by several civil rights and immigrant advocacy groups in asking a Michigan federal court on Monday for permission to weigh in support of a suit filed by the state of Michigan and city of Romulus seeking to stop an immigration detention center from taking over a former warehouse site.

  • May 12, 2026

    Colo. Legislators Approve AI Bias Law Replacement

    The Colorado Senate passed a bill Tuesday that would revamp the state's landmark law regulating the use of artificial intelligence technologies in employment, education and other significant decisions, sending the legislation to Gov. Jared Polis for his signature.

  • May 12, 2026

    DOE Accused Of Stretching Emergency Power For Pa. Plant

    A group of consumer and environmental advocates has told the D.C. Circuit that the U.S. Department of Energy illegally substituted long-term electricity planning reserved for states with its own emergency authority to keep open a Pennsylvania power plant.

  • May 12, 2026

    Low-Power TV Group Asks FCC To Allow 5G Broadcast Standard

    The Low-Power TV Broadcasters Association asked the Federal Communications Commission on Tuesday to allow it to use the 5G broadcast standard to deliver content to smartphones.

  • May 12, 2026

    PayPal Settles Gov't DEI Probe With Small Biz Program

    The U.S. Department of Justice announced Tuesday that it has reached a settlement with PayPal Inc. to end an investigation into what the department said was a discriminatory investment program for Black- and minority-owned businesses.

  • May 12, 2026

    New Precedent Revives $6.6M IRS Penalty Fight, Broker Says

    An insurance broker asked a Pennsylvania federal court to consider new constitutionality arguments against the IRS penalty prepayment requirement to revive its challenge to $6.6 million in captive insurance tax penalties, arguing those claims rely on new legal precedent.

  • May 12, 2026

    Commerce Details Path To Discount For 100% Pharma Tariff

    The U.S. Department of Commerce released guidance for pharmaceutical companies looking to show they have made sufficient onshoring commitments to qualify for a discount on the 100% tariff on certain imported drugs coming this summer.

  • May 12, 2026

    Southern Utes Secure First Tribal Energy Resource Agreement

    The Southern Ute Indian Tribe has signed the first ever tribal energy resource agreement with the U.S. Department of the Interior that will allow the Indigenous nation to manage and develop energy resources on its own lands without having to obtain federal approval for each endeavor.

  • May 12, 2026

    NJ, ICE Pause Fight Over Planned Immigrant Detention Center

    The state of New Jersey and one of its municipalities on Tuesday temporarily paused their bid to block a planned immigration detention center after reaching an agreement with federal officials that halts most work at the site pending further environmental review.

  • May 12, 2026

    Comcast, Power Co. In FCC Tug Of War Over Pole Upgrades

    Comcast claims it's still having problems getting Appalachian Power Co. to cover the cost of utility pole fixes for broadband upgrades, but it's not clear whether the Federal Communications Commission is ready to spring into action to resolve the dispute.

  • May 12, 2026

    Epstein Accusers Urge Changes To Laws At Fla. Hearing

    Jeffrey Epstein accusers urged lawmakers to pass laws giving more rights to sex trafficking victims, testifying Tuesday during a congressional hearing in Florida that they were never consulted prior to a federal non-prosecution agreement for the late financier nearly 20 years ago. 

  • May 12, 2026

    6th Circ. Says Jailers Entitled To Immunity In Detainee Death

    The Sixth Circuit has ruled that a group of jail officials in Michigan should be given qualified immunity from a lawsuit alleging they ignored the medical needs of a man who was incarcerated in their facility and later died from cardiac arrest.

  • May 12, 2026

    Over 8 Million Imports In Line For Over $35B In Tariff Refunds

    Over 8.3 million imports are pending tariff refunds after clearing the final system processes developed by Customs and Border Protection, accounting for almost $35.5 billion in duty refunds with interest, according to the latest declaration filed Tuesday by an agency official in the U.S. Court of International Trade.

  • May 12, 2026

    Cintas Gives FTC More Time To Review $5.5B UniFirst Deal

    Cintas Corp. is giving the Federal Trade Commission additional time to review its planned $5.5 billion acquisition of fellow uniform and facility services supplier UniFirst Corp. for its effect on competition.

  • May 12, 2026

    Head Of First Liberty Ponzi Scheme Pleads Guilty To Fraud

    The leader of what Georgia and federal securities regulators have called a $140 million Ponzi scheme pled guilty to a federal wire charge Tuesday over allegations that he preyed on seniors and funneled money to right-wing politicians.

  • May 12, 2026

    Judge Says DOJ Misled 4th Circ. In Ábrego García Appeal

    A Maryland federal judge once again blasted the Trump administration attorneys looking to deport Kilmar Ábrego García to Liberia, saying they misled the Fourth Circuit in their interlocutory appeal and questioned how his removal would be imminent without her injunction barring it when he is still facing an indictment in Tennessee.

  • May 12, 2026

    Viewing Seed Genetic Material Not Patent Infringement: DOJ

    The U.S. Department of Justice's Antitrust Division waded into a private patent infringement lawsuit Monday, telling a Delaware federal court that just "reading" a patent, or viewing and sequencing the genetic material that must be submitted for the seed patents at issue, can't on its own count as infringement.

  • May 12, 2026

    Michigan Dems Noncommittal On Trump's Judicial Pick

    Michigan's two Democratic senators played it coy on Tuesday when asked if they would support the district court nominee for their state that the president announced the night before.

  • May 12, 2026

    Trump Gets Time For Justices To Review $83M Carroll Verdict

    President Donald Trump can delay enforcement of the $83.3 million verdict for defaming writer E. Jean Carroll while he appeals the Second Circuit's en banc refusal to rehear his appeal, as long as he puts up $7.5 million in interest that may accrue during Supreme Court proceedings, the panel said Monday. 

  • May 12, 2026

    Fed. Circ. Pauses Trade Court Ruling Blocking Trump Tariffs

    The Federal Circuit halted a permanent injunction issued by the U.S. Court of International Trade that was scheduled to take effect on Tuesday, which would have stopped the collection of duties under President Donald Trump's temporary global tariff from two businesses and the state of Washington.

Expert Analysis

  • What New Fla. Citizens Bill Means For Surplus Lines Insurers

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    A Florida bill recently passed by the Legislature as part of a continued effort to depopulate Citizens Property Insurance, the state's insurer of last resort, creates an additional pathway for commercial policies to be written by surplus lines insurers, but also presents concerns of unnecessary regulation, say attorneys at Troutman.

  • What Voluntary Calif. Carbon Reports Show About Compliance

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    While the enforcement of California's S.B. 261 is currently paused due to a Ninth Circuit injunction, more than 130 companies have nonetheless chosen to voluntarily publish climate-related financial risk disclosures, providing a useful snapshot of how the market is interpreting the law's requirements in practice, say attorneys at DLA Piper.

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • Why MDLs Slow Down — And How To Speed Them Up

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    Multidistrict litigation has become central to mass tort practice, but as MDLs grow in size and complexity, so do delays and costs — so tools like the new federal rule governing MDLs, targeted use of special masters and strategically deployed Lone Pine orders are more essential than ever, say attorneys at Ice Miller.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Regulators' Basel Pitch May Bring Banks Capital Relief

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    The prudential banking agencies' new proposals to implement the so-called Basel III endgame rules — which would modify the approach to risk-based capital, among other notable changes — represent a fundamental directional shift in bank capital requirements aimed at increasing lending capacity, says Chen Xu at Debevoise.

  • How SEC And CFTC Are Attempting To End Their 'Turf War'

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    Through coordinated examinations and a shared aim to end duplicative regulation, the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission's recent memorandum of understanding could represent a significant shift in the regulatory landscape for market participants subject to the jurisdiction of both agencies, say attorneys at Jenner.

  • 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.

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