Public Policy

  • August 05, 2026

    Wash. Landlords' COVID-19 Eviction Moratorium Suit Tossed

    A Seattle federal judge has thrown out a group of landlords' proposed class action challenging COVID-19-era eviction bans imposed by Washington cities and the state, saying Wednesday that appellate courts have recognized that landlord-tenant regulations generally do not qualify as physical takings of private property.

  • August 05, 2026

    Senate Dems Grill Trump's Judge Picks For 5th Circ., Alabama

    Senate Democrats on Wednesday dug into two judges nominated by the president to serve in Alabama district court and on the Fifth Circuit over their careful answers about who won the 2020 election and one's history of advocating against a ban on forced arbitration for workplace sexual harassment and assault claims.

  • August 05, 2026

    How Plaintiffs Won A $604M Verdict Against CH Robinson

    Roland Christensen of Arnold & Itkin LLP said that for the life of him, he couldn't understand why C.H. Robinson didn't cut a deal offered by the families of victims who burned to death following an 18-wheeler crash.

  • August 05, 2026

    5th Circ. Wary Again Of FCC's Control Over Subsidy Program

    A panel of Fifth Circuit judges on Wednesday raised new questions about the Federal Communications Commission's oversight of the country's $9 billion annual telecom subsidy program after a U.S. Supreme Court decision kept the fund intact last summer.

  • August 05, 2026

    Fed. Gov't Held In Contempt By Judge Over ICE Phone Data

    A California district judge held the federal government in contempt in litigation over immigration arrest tactics for not complying with a discovery order requiring forensic imaging of phones used by agents during their operations, imposing a fine of $500 per day until the government complies with the order.

  • August 05, 2026

    Incumbent Wash. Justices On Top In Early Primary Results

    Three incumbent Washington State Supreme Court justices — including two governor appointees — led their respective primary races Wednesday, as a state trial judge edged ahead in the race for another open seat on the high court, according to preliminary election results.

  • August 05, 2026

    Soldier Wants To Fight DOJ, CFTC Maduro Bet Cases At Once

    The U.S. Army soldier accused of reaping prediction market profits with his knowledge of the January operation to capture Venezuelan President Nicolás Maduro wants to fight parallel actions from the U.S. Commodity Futures Trading Commission and the U.S. Justice Department at once, and contends the government can't use his case as an "experiment" for how to police trading on platforms like Polymarket.

  • August 05, 2026

    Stewart Says Patent System 'Crisis' Fueled USPTO Changes

    Coke Morgan Stewart, the deputy director of the U.S. Patent and Trademark Office who left the agency last week, said in an interview with Law360 this week that new limits on patent challenges and other policy changes she helped lead were driven by a sense that the patent system was in "a pretty significant crisis."

  • August 05, 2026

    Kalshi To Block Wash. Betting But Said Pause Is Overbroad

    Kalshi agreed to implement geofencing restrictions by Aug. 26 to prevent people in Washington from making bets on the platform in accordance with a state judge's preliminary injunction, but the prediction market is still at odds with state officials over the scope of the court order.

  • August 05, 2026

    Kansas Judge Permanently Blocks Abortion Care Restrictions

    A Kansas state court has permanently enjoined a slew of restrictions on abortion care, including requirements that providers disclose patients' reasons for seeking an abortion to the state and inform patients about abortion pill "reversal" treatments the court said were "unlikely to be biologically plausible."

  • August 05, 2026

    DHS Wants To Hire Debt-Tracer To Track Down Deportees

    U.S. Customs and Border Protection is seeking bids for a contract to hire a private company to track down immigrants in Mexico, Guatemala and Honduras who left voluntarily or were deported from the U.S. before paying off immigration-related fines.

  • August 05, 2026

    NYC's Food Apps Data Law Goes Too Far, 2nd Circ. Says

    A New York City law that would require DoorDash, GrubHub and other delivery apps to share customer data with the restaurants fulfilling food orders violates the First Amendment, the Second Circuit ruled Wednesday.

  • August 05, 2026

    FCC Returns $881M In Unused TV Broadcaster 'Repack' Funds

    The Federal Communications Commission said Wednesday that it has returned $881 million that went unused in the TV Broadcaster Relocation Fund.

  • August 05, 2026

    Ill. Feds Fight Contempt Proceedings In ICE Protest Case

    Federal prosecutors urged an Illinois federal judge Tuesday to reject further hearings and a special prosecutor over grand jury misconduct in a dismissed case against anti-ICE activists, arguing that the dismissal of the charges, the payout of their attorney fees, "substantial" internal reforms and a pending ethics probe render criminal contempt proceedings unnecessary.

  • August 05, 2026

    Trade Group Seeks Injunction Over Colo. Recycling Law

    A trade group made up of about 35,000 wholesale distribution companies asked a Colorado federal judge Wednesday to issue an injunction preventing the state from enforcing a new recycling law, arguing that the law is unconstitutional.

  • August 05, 2026

    Texas Governor Calls For Data Center Audit

    Texas Gov. Greg Abbott told the Public Utility Commission of Texas and the Electric Reliability Council of Texas to audit any data centers that are going through ERCOT's electric grid interconnection process, saying that an audit is needed because the demand from data centers seeking to connect to Texas' electric grid could overwhelm it.

  • August 05, 2026

    Mass. City Must Refund $2.4M In Cannabis 'Impact' Fees

    A Massachusetts state court judge has ordered a Boston suburb to refund $2.4 million in fees it collected from cannabis retailers, saying the city of Newton failed to show the fees were tethered to the costs of hosting the businesses.

  • August 05, 2026

    Texas Cos., Others Urge Cruz, Cornyn To Block Rio Barriers

    More than 140 river outfitters, local businesses and recreation groups have urged Texas' two U.S. senators and Gov. Greg Abbott to intervene and stop planned border barrier construction in and around Big Bend National Park, warning the project would devastate the region's recreation economy and cut off public access to the Rio Grande.

  • August 05, 2026

    Judge Says Firearms Act Can't Stand After Gun Taxes Zeroed

    A Texas federal court ruled Wednesday that the National Firearms Act and its enforcement of registration and transfer requirements are unconstitutional in light of the 2025 federal budget bill's elimination of taxes on certain firearms, handing a win to several gun rights advocacy groups.

  • August 05, 2026

    Utah Can Enforce Gambling Laws Against Kalshi, Judge Says

    A Utah federal judge has allowed the state's gambling regulators to crack down on Kalshi's sports event contracts, rejecting the prediction market giant's argument that it should be shielded by federal law.

  • August 05, 2026

    Senate Panel Presses DOJ Antitrust Pick On Independence

    President Donald Trump's pick to lead the U.S. Department of Justice's Antitrust Division, Adam Candeub, faced tough questions Wednesday during a U.S. Senate confirmation hearing, where several Democrats challenged his independence.

  • August 05, 2026

    Convicted Tax-Offender Atty Rebuffed In Bid To Have Firearm

    A Connecticut attorney who served prison time for tax offenses cannot proceed with most of a suit that seeks the restoration of his right to possess a firearm, a federal judge said in a ruling Wednesday.

  • August 05, 2026

    These Firms Are Picking Up The Most PTAB Work

    Intellectual property heavyweight Fish & Richardson PC remains the busiest firm in front of the Patent Trial and Appeal Board, as it again secured the top spot on a list of firms with the most PTAB trials over the past three years.

  • August 05, 2026

    9th Circ. Urged To Revisit Klamath Project ESA Ruling

    A water association is asking the Ninth Circuit to rethink a ruling that held the Endangered Species Act applies to the operation and management of an Oregon irrigation project, arguing that the appellate court left "an unworkable" framework to determine a threshold question over nondiscretionary federal agency actions.

  • August 05, 2026

    CFPB Sends Open-Banking Rule Redo To White House

    The Consumer Financial Protection Bureau has finished a proposal to overhaul its Biden-era open-banking rule and has submitted it for White House clearance, a move that signals the agency is nearing publication of the highly anticipated draft changes.

Expert Analysis

  • NRC Proposal May Reshape Radiation Protection Framework

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    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • AG Watch: Minn. Defends Prediction Markets Ban

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    Minnesota Attorney General Keith Ellison has aggressively defended the state's landmark statute banning prediction markets, but the court's July 27 temporary injunction in U.S. v. Minnesota blocking the law from taking effect could set the template for state authority across the country, say attorneys at Crowell & Moring.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

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    Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

  • From Order To Regulation: How EOs Are Reshaping Banking

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    The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

  • Rhode Island Self-Checkout Law Signals National Trend

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    Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • Opinion

    USCIS Delays Shouldn't Mean Detention For EB-5 Investors

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    Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

  • What FERC Concurrences Reveal About Large Load Priorities

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    The Federal Energy Regulatory Commission's recent orders concerning grid operators' procedures for connecting large loads like data centers to the power grid came with concurring statements from the FERC commissioners, which provide key insights into individual commissioners' concerns and a road map for compliance, say attorneys at Womble Bond.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • CFPB Fair Lending Litigation Reveals Compliance Complexity

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    A recent legal challenge to the Consumer Financial Protection Bureau's fair lending amendments underscores continuing uncertainty over disparate impact liability, discouragement standards and special purpose credit programs, signaling that financial services providers should avoid hasty compliance changes, say attorneys at Weiner Brodsky.

  • Ensuring Eligibility For Data Center Sales Tax Breaks

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    As states compete to lure data centers, sales tax exemptions are an important component of many incentive packages — but companies must ensure that projects not only qualify for exemptions on paper, but also can preserve and prove their eligibility through the planning, construction and operation phases, says Peter Lowy at Nelson Mullins.

  • Cos. Should Act Now After US Ruling Reopens EU Data Fight

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    The U.S. Supreme Court's recent decision in Trump v. Slaughter may have inadvertently undermined the EU-U.S. Data Privacy Framework, and given the importance of data transfers for U.S. businesses, companies should start preparing for a scenario in which the framework is no longer enforceable, says Fernanda Pires Merouço at Davis Wright.

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