Public Policy

  • May 05, 2026

    Unions Say High Court Backs Standing In AI Surveillance Suit

    Three labor unions cited a recent U.S. Supreme Court ruling in their lawsuit alleging a government surveillance program scours online activity for viewpoints the Trump administration dislikes and leverages the threat of immigration enforcement to suppress speech, arguing that the high court's decision supports their standing in the case.

  • May 05, 2026

    Whistleblower Says SEC Rule Shift Cost Him Bounty

    A D.C. Circuit panel appeared split on its interpretation of the statute governing the U.S. Securities and Exchange Commission's whistleblower rewards in a case involving an anonymous tipster claiming he was due compensation even though he failed to take the information directly to the agency.

  • May 05, 2026

    4th Circ. Says USPTO Doesn't Have To Cough Up PTAB Docs

    The Fourth Circuit on Tuesday said it won't force the U.S. Patent and Trademark Office to hand over certain information requested by a nonprofit volunteer about drafts of a decision in a Patent Trial and Appeal Board hearing involving a cybersecurity patent.

  • May 05, 2026

    BlackRock, State Street Push To Trim Red State AGs' Suit

    BlackRock and State Street have further urged a Texas federal judge to trim down antitrust claims from Republican state attorneys general accusing the asset managers of driving up coal prices, arguing that the chain from their investment activity to retail electricity prices "stretches through multiple intervening markets and countless nonparties."

  • May 05, 2026

    Ending Carried Interest Tax Break May Net $88B, Report Says

    Ending the carried interest tax break could raise far more than previously estimated, nearly $88 billion in a decade, based on a new methodology put forward in a report by the Yale Budget Lab.

  • May 05, 2026

    Native CDFI Says EPA Froze, Then Killed, $400M Grant

    Native CDFI Network Inc. is suing the United States for terminating a $400 million Greenhouse Gas Reduction Fund grant, saying the U.S. Environmental Protection Agency invoked "a potpourri of shifting reasons" for the cancellation before landing on the assertion its priorities had changed.

  • May 05, 2026

    DOT, Mexico Inching Toward 'Consensus' In Airport Slots Fight

    The U.S. Department of Transportation said Tuesday that Mexico has tentatively agreed to reconsider some of its restrictions on flights into Mexico City's Benito Juárez International Airport, signaling there's some headway being made in a dispute over alleged violations of a decade-old bilateral air transport agreement.

  • May 05, 2026

    US Says Denver's Assault Weapons Ban Is Unconstitutional

    The Trump administration sued the city of Denver and its police department in Colorado federal court Tuesday, alleging that the city's law banning assault weapons violates the Second Amendment.

  • May 05, 2026

    Wash. Justices Say Millionaire Tax Shielded From Referendum

    Washington's recently passed tax on income over $1 million cannot be subject to a voter referendum, the state Supreme Court ruled, finding that the tax falls under a referendum exception because of its deemed necessity.

  • May 05, 2026

    Banks Say Stablecoin Yield Fix For Crypto Bill 'Falls Short'

    Five banking groups say proposed language governing interest and rewards payments on stablecoins, intended to advance a bill to regulate crypto markets, "falls short," while the lawmakers behind the proposal say they've worked directly with banks for months to "encourage compromise." 

  • May 05, 2026

    Tower Builders Float Escrow Plan For Failed Dish Contracts

    Wireless tower builders urged the Federal Communications Commission to require EchoStar to set up an escrow account to pay them proceeds from spectrum sales to compensate for defunct contracts with its subsidiary Dish.

  • May 05, 2026

    Feds, Advocates Settle FOIA Suit Over Family Separation Info

    The American Immigration Council and the U.S. government told a D.C. federal judge they've struck a settlement to end a long-running Freedom of Information Act dispute over records related to family separation policies during the first Trump administration.

  • May 05, 2026

    Sponsor Suit Moot After Immigrant Kids Released, Feds Say

    The Trump administration asked a D.C. federal judge to dismiss a suit challenging requirements for previously approved sponsors to reapply for custody of unaccompanied immigrant children, arguing the suit's claims are either moot or unfounded.

  • May 05, 2026

    Senate Panels' Bills Would Steer $70B To Immigration

    Immigration enforcement would get nearly $70 billion between two budget reconciliation bills released by Senate committees on Monday.

  • May 05, 2026

    DOJ Asks To Toss Subpoena Defeats In Powell Case As Moot

    The U.S. Department of Justice has asked a Washington, D.C., federal judge to vacate his decisions that blocked subpoenas from its now-closed criminal investigation into Federal Reserve Chair Jerome Powell, arguing that the slate should be wiped clean on mootness grounds.

  • May 05, 2026

    FCC Chair Carr Promotes 6 In Key Legal, Policy Roles

    The Federal Communications Commission's staff are playing musical chairs, and it means high-level promotions for a half-dozen legal aides of agency chief Brendan Carr.

  • May 05, 2026

    Wis. Village Urges 7th Circ. To Void Oneida Tribal Trust Order

    A Wisconsin village is asking the Seventh Circuit to undo a U.S. Department of the Interior decision to place 500 acres of properties into trust for the Oneida Nation, arguing that a district court ignored evidence of bias and shielded the transactional record from meaningful scrutiny.

  • May 05, 2026

    Wilmington Councilman Fights Ouster Over Dem Party Switch

    Wilmington City Council member James Spadola has asked the Delaware Chancery Court to block council President Ernest "Trippi" Congo II and the city council from voting this week to declare his seat vacant because he changed his political affiliation from Republican to Democrat.

  • May 05, 2026

    SEC Floats Trump-Approved Semiannual Reporting Reg

    The U.S. Securities and Exchange Commission on Tuesday proposed a regulation that will allow publicly traded companies to report their earnings every six months instead of every three, a policy championed by President Donald Trump for years and one that SEC leadership hopes will encourage more initial public offerings.

  • May 05, 2026

    Approach The Bench: Justice Bacon On School Accreditation

    State high courts are responsible for regulating the legal profession in their jurisdictions, and so New Mexico Supreme Court Justice C. Shannon Bacon thinks it's only right that justices reevaluate the principles behind law school accreditation.

  • May 05, 2026

    Latin America Leans On Taxing Goods, Services, OECD Says

    Latin America and the Caribbean continue to rely far more on taxing goods and services compared to the Organization for Economic Cooperation and Development, while tax revenue as a share of economic growth was largely stagnant in 2024 absent Cuba's outsized gains, the organization said Tuesday in a report.

  • May 05, 2026

    10th Circ. Backs Dismissal Of Student's Mask Mandate Suit

    The Tenth Circuit rejected a Wyoming high school student's constitutional challenge to a school COVID-19 mask mandate, finding that she and her parents failed to plausibly allege the policy compelled speech, triggered unlawful retaliation or violated due process.

  • May 04, 2026

    Apple Asks High Court To Pause Epic Games App Store Order

    Apple on Monday asked the U.S. Supreme Court to stay a mandate directing a lower court to move forward with determining exactly what Apple can charge developers on in-app purchases, arguing there are important questions that need to be resolved by the justices first.

  • May 04, 2026

    'What Will Take Me To $1B?': Trial Probes OpenAI Exec's Diary

    OpenAI President Greg Brockman's private journal took center stage Monday in a California federal jury trial over Elon Musk's challenge to OpenAI's for-profit conversion, revealing that just days after telling Musk that OpenAI would remain a nonprofit, Brockman privately asked himself, "What will take me to $1B?"

  • May 04, 2026

    2nd Circ. Raises Concern Over Challenge To NY US Atty's DQ

    A Second Circuit panel on Monday voiced concern over the U.S. Department of Justice's argument that a now-former acting U.S. Attorney for the Northern District of New York was serving lawfully when he subpoenaed the New York Attorney General's office over a pair of cases disfavored by President Donald Trump.

Expert Analysis

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • DOJ Actions Suggest Expansion Of Healthcare Enforcement

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    Recent actions by the U.S. Department of Justice and U.S. Food and Drug Administration suggest that federal healthcare enforcement efforts are moving away from traditional program-based fraud and toward cases centered on product integrity, regulatory transparency and telehealth marketing, effectively widening the government's enforcement playbook, say attorneys at MoFo.

  • 8 Tariff Refund Questions For Restructuring Professionals

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    For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.

  • Defense Deals Can Trigger Extra HSR Filing With The DOD

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    Certain aerospace, defense and national security M&A transactions will require a concurrent Hart-Scott-Rodino Act filing to the U.S. Department of Defense, and practice tips for navigating this extra filing include early analysis of competitive implications of sector deals and planning for concurrent filings, say attorneys at White & Case.

  • Navigating Life Sciences Deals Amid Heightened Scrutiny

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    With pricing reform initiatives, national security legislation and evolving trade policy currently contributing to meaningful uncertainty for life sciences companies, it is important to proactively structure deals to avoid downstream complications, say attorneys at Cooley.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • NY Bill Elevates Criminal Risk For 'Shadow' Crypto Firms

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    New York's proposed CRYPTO Act would expose unlicensed digital asset operators to criminal penalties ranging from state misdemeanor charges to felony convictions, potentially marking a significant shift in how New York — already among the most aggressive crypto regulators — oversees virtual currency businesses, say attorneys at Crowell & Moring.

  • Opinion

    AVOID Act Creates 3rd-Party Litigation Risks For Transpo Cos.

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    New York's Avoiding Vexatious Overuse of Impleading to Delay Act, which takes effect next month, will require new risk management strategies from transportation companies as it attempts to drastically change the scope of third-party litigation while failing to address practical realities of civil disputes, says Steven Saal at Lucosky Brookman.

  • Nippon Case Illustrates Challenges Of Proving Antitrust Injury

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    A recent California federal court decision dismissing challenges to Nippon Steel's purchase of U.S. Steel underscores the longtime antitrust precedent that while the limitations of injury are critical for defendants sued under U.S. antitrust laws, showing that the harm is real is the key, says Cameron Regnery at Freeman Mathis.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • Stablecoin Yield Reform Raises Stakes For Community Banks

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    Risks for community banks are heightened by the Clarity and Genius Acts, which establish stablecoin market parameters and may lead to traditional bank fund withdrawals in the long term, but a recent Senate amendment to the former bill could prevent deposit runoff, says Thomas Walker at Jones Walker.

  • How Iran War Might Reshape Proxy Contests This Year

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    The Iran war may function as a short-term poison pill for proxy contests, not because it strengthens corporate defenses, but because it increases the risks associated with activist commitments, say attorneys at Sidley.

  • Opinion

    PTAB Needs Reform To Protect Inventors From Larger Cos.

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    The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.

  • What To Watch At The 2026 ABA Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition among developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • FDA User Fee Talks Offer Clues On Upcoming Reforms

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    As the U.S. Food and Drug Administration undergoes the User Fee Act reauthorization process and renegotiates its user fee agreements over the next several months, the agency's consultation meetings with relevant industries can shed light on the FDA's priorities, and provides stakeholders an opportunity to participate in the reform process, say attorneys at Holland & Knight.

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