Public Policy

  • September 11, 2026

    Prediction Markets Ask Justices To Settle Sports Wager Split

    Crypto.com on Friday became the third party to call on the U.S. Supreme Court to address the closely-watched circuit split on prediction market regulation, challenging a Ninth Circuit decision that allowed Nevada regulators to police certain sports event contracts since their "substance" appeared to be gambling.

  • September 11, 2026

    'Creative' Settlement Path For EPRs Shows Wording Risks

    T-Mobile's use of a contingency payment to end patent litigation with Kaifi LLC highlights the difficulty of alleged infringers challenging patents through ex parte reexaminations, a U.S. Patent and Trademark Office proceeding where they have no control, attorneys say.

  • September 11, 2026

    TikTok Let Minors See Harmful Content, Texas Judge Finds

    Texas scored significant wins in its lawsuit accusing TikTok of exposing children to harmful content while misrepresenting the app's safety, with a state judge ruling that the social media company violated state law by misleading consumers about its content-moderation practices and the effectiveness of its "restricted mode" feature.

  • September 11, 2026

    Maryland Residents Sue DHS Over Warrantless Arrests

    A group of Maryland residents is suing to block the U.S. Department of Homeland Security's "arrest first, ask questions later" policy after they say they were unlawfully arrested by U.S. Immigration and Customs Enforcement.

  • September 11, 2026

    Kalshi Can Appeal Tribe's Sports Betting Claims, Judge Says

    A Wisconsin federal judge Friday said Kalshi can appeal a ruling allowing claims brought by the Ho-Chunk Nation to proceed, saying that since the issues involved will "certainly" make their way to the U.S. Supreme Court eventually, the Seventh Circuit should consider them now.

  • September 11, 2026

    NRC Targets Red Tape In Broad Overhaul Of Reactor Regs

    The U.S. Nuclear Regulatory Commission on Friday unveiled a proposed overhaul of its nuclear reactor licensing and oversight regulations, the agency's latest step to implement an executive order directing it to refocus on encouraging new nuclear power development.

  • September 11, 2026

    11th Circ. Ruling Won't Prevent Qui Tam Constitutional Tests

    The Eleventh Circuit's holding that the False Claims Act's provisions letting private individuals sue on the federal government's behalf pass muster under the U.S. Constitution may do little to halt the growing wave of challenges seeking to knock down those provisions.

  • September 11, 2026

    Noncitizens Want Class Cert. In Alien Enemies Act Suit

    A group of noncitizens at risk of being transferred to an El Salvador prison asked a Texas federal court to grant them class certification in their lawsuit against the Trump Administration, saying that without it, the government may deny them judicial review entirely.

  • September 11, 2026

    State Dept. Must Give Court 3 Diversity Visa Updates A Week

    A California federal judge has ordered the U.S. Department of State to provide three updates per week on the status of diversity visa applications, saying he was "troubled" by the lack of progress since he ordered adjudications to be resumed.

  • September 11, 2026

    5th Circ. Says Enviro Groups Timely In Prairie-Chicken Fight

    The Fifth Circuit on Friday allowed two environmental groups to join a lawsuit over the endangered designation of the lesser prairie-chicken, saying their second request to intervene was timely filed after the Trump administration made it clear it would stop defending the designation.

  • September 11, 2026

    Copyright Office To Test New Registration System In Late 2026

    The U.S. Copyright Office is making progress on its launch of its new modernized registration system, with plans to start rolling out some functions to Copyright Public Modernization Committee members later this year, leaders said Friday.

  • September 11, 2026

    Wis. Groups Say Warrantless Flock Searches Violate Chatrie

    Wisconsin privacy groups have sued a group of local governments over their warrantless searches of Flock Group Inc. camera data, arguing that they run afoul of the Fourth Amendment after the U.S. Supreme Court's recent decision in Chatrie v. U.S.

  • September 11, 2026

    Tatneft Says Ukraine Is Politicizing $173M Award Appeal

    The Russian oil company Tatneft pressed the D.C. Circuit on Thursday to restart litigation aimed at enforcing a confirmed $173 million arbitral award against Ukraine, accusing the country of relying on "unsupported assertions and innuendo" to keep the case on pause indefinitely.

  • September 11, 2026

    Employers In Bind As Noncitizen Workers Lose TPS

    The Trump administration's rollback of Temporary Protected Status for 13 of 17 countries that had the designation has put work authorization for hundreds of thousands of noncitizen workers at risk across various industries, including healthcare, hospitality and construction.

  • September 11, 2026

    U of Mich. Hit With Suit Over Foreign Service Tuition Rate

    A student has accused the University of Michigan of violating federal law and his constitutional rights by refusing to grant him in-state tuition despite his parents' claim that Michigan is their permanent legal residence and his father's service as a U.S. Foreign Service officer overseas. 

  • September 11, 2026

    9th Circ. Leaves VA On Hook For Homeless Vet Housing

    The full Ninth Circuit Friday refused to revisit a ruling requiring the U.S. Department of Veterans Affairs to build supportive housing for homeless disabled veterans, sparking dissents that accused judges of swapping their robes for hard hats and "bulldozing" established disability law.

  • September 11, 2026

    DOJ Gets Final OK For Agri Stats Antitrust Settlement

    A Minnesota federal court has granted final approval to the U.S. Department of Justice's settlement with Agri Stats, with the company agreeing to stop offering the sales reports for meat processors at the center of the case.

  • September 11, 2026

    7th Circ. Probes Ill. Nonprofit Demographic Disclosure Law

    A Seventh Circuit panel wrestled Friday with whether Illinois' law requiring nonprofits to publicize their demographic data merely encourages diversity or unconstitutionally compels speech, with one judge questioning whether its "nudging effects" establish an injury while another highlighted legislators' statements indicating a push to influence leadership or donor decisions.

  • September 11, 2026

    New IHS Director Says Bill Protects $5.3B In Health Programs

    Newly confirmed Indian Health Service Director Mark Cruz in one of the first acts of his four-year term has told tribal leaders that $5.3 billion in federal funds earmarked for IHS programs is safe following the U.S. government's passage of a stopgap spending bill.

  • September 11, 2026

    3M Wants Conn. Firefighter PFAS Suit Moved To Different MDL

    3M Co. has asked to peel PFAS "forever chemicals" claims by Connecticut firefighter unions and several individuals away from a recently empaneled Minnesota multidistrict litigation containing claims by municipalities who purchased firefighting turnout gear, arguing the unions' and individuals' allegations instead belong in an ongoing South Carolina MDL.

  • September 11, 2026

    DC Circ. Probes DOT Authority To Withhold Calif. Funds

    A panel of D.C. Circuit judges grilled a Trump administration attorney Friday over the U.S. Department of Transportation's move to slash California's federal highway funding because of the state's commercial driver's licensing rules for nondomiciled drivers, wondering whether the agency had any authority to take the drastic measure.

  • September 11, 2026

    Prediction Markets' High Court Clash Looks More Imminent

    The widespread clash over whether the regulation of prediction markets falls under federal or state jurisdiction was bound to land in the U.S. Supreme Court, and a new circuit split and urgent policy questions may force the justices' hands to take up the issue.

  • September 11, 2026

    FCC Can't Avoid Final Order On Fox Philly Issue, Court Told

    A media advocacy group told the D.C. Circuit on Friday that the Federal Communications Commission cannot sidestep its duty to issue a final order on whether to dismiss a petition over Fox TV's character fitness for a broadcast license in Philadelphia.

  • September 11, 2026

    Zurich Needn't Cover Auto Dealers In Deceptive Pricing Row

    Two Zurich units have no duty to defend or indemnify a group of auto dealers accused by the Federal Trade Commission and the Maryland Attorney General's Office of misrepresenting the cost of vehicles to consumers, a Virginia federal judge ruled Friday.

  • September 11, 2026

    Bank Regulators Propose Tailored Third-Party Risk Guidance

    Federal banking regulators Friday proposed revisiting 3-year-old guidance on third-party risk management for banks, saying they plan to let banks tailor their practices more specifically to the actual risk posed by each relationship.

Expert Analysis

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • NYDFS Swedbank Order Offers Lessons On Candor

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    The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • California FAIR Plan Is Outgrowing Last-Resort Role

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    With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • 5 Antitrust Lessons On Bundled Discounts After Medtronic

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    The recent California federal court decision upholding a $381.7 million verdict against Medtronic offers practitioners a clearer road map for navigating bundled discount claims under Section 2 of the Sherman Act, and the practical implications are substantial, say attorneys at Norton Rose.

  • Calif. OppFi Suit Outlines Key Criteria For Bank Partnerships

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    A California state court's recent ruling in OppFi v. Hewlett offers fintech-bank partnerships a blueprint for structuring lending programs to withstand future true lender challenges, while signaling that enforcement theories may face added scrutiny under the state's ban on underground regulations, say attorneys at Womble Bond.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

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