Public Policy

  • October 01, 2026

    Customers Ask 9th Circ. To Halt Paramount-Warner Bros. Deal

    Streaming service customers are asking the Ninth Circuit to step in and stop Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery until a court can decide if their antitrust suit challenging the merger will be dismissed.

  • October 01, 2026

    Water Utilities Say EPA Rule Defines Them Too Broadly

    The fate of a federal plan to eliminate the nation's lead drinking-water pipes may come down to a debate over the definition of a public water system.

  • October 01, 2026

    Google Ad Tech MDL Teed Up For Trial Largely Intact

    Gannett, the Daily Mail and a certified class of website publishers scored a major win with a New York federal court ruling largely refusing to let Google scrap antitrust allegations targeting its advertising placement technology business in sprawling multidistrict litigation.

  • October 01, 2026

    Judge Bars HHS Medicaid Cuts For Wash. Noncitizens On SSI

    A federal judge has temporarily halted the U.S. Department of Health and Human Services' attempts to cancel Medicaid benefits to noncitizens in Washington state receiving supplemental security income, finding the loss of benefits could lead to permanent disability or death.

  • October 01, 2026

    SEC Changes Quorum Requirements As Peirce Exits

    The U.S. Securities and Exchange Commission has changed its quorum requirements for the first time in 30 years, clarifying that only one member of the agency needs to vote on enforcement and regulatory matters as Commissioner Hester Peirce prepares to leave Friday. 

  • October 01, 2026

    DOJ's RealPage Deal Doesn't End States' Antitrust Claims

    A North Carolina federal court has refused to toss antitrust claims from state enforcers accusing RealPage of providing software that allows residential building owners to inflate rents, despite RealPage's settlement in the case with the U.S. Department of Justice.

  • October 01, 2026

    Trump Says Copyright Chief Can't Stay In Office Amid Appeal

    The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

  • October 01, 2026

    FCC Officially Ditches Race, Ethnicity, Gender Reporting Reqs

    The Federal Communications Commission has officially done away with a rule that required TV and radio broadcasters to disclose data about their employment diversity to the agency after the Fifth Circuit struck the rule down last year.

  • October 01, 2026

    Ex-Actavis Exec Escapes Some Drug Price-Fixing Claims

    A Connecticut federal judge has dismissed a swath of claims against a former executive of Actavis and Taro in the generic drug price‑fixing litigation brought by state enforcers, holding that evidence was insufficient to prove he joined several alleged single‑drug conspiracies.

  • October 01, 2026

    Pa. Justices Keep But Decry $250K Damages Cap In $7M Case

    The Pennsylvania Supreme Court has opted to preserve the $250,000 limit on damages claims against state agencies, with the majority of justices rejecting a constitutional challenge to the cap because it doesn't impede a plaintiff's right to a jury trial, only the amount of recovery.

  • October 01, 2026

    Blue States Fight EPA Rollback Of Power Plant Climate Rules

    A New York-led coalition of mostly Democratic states and municipalities lodged a petition on Thursday before the D.C. Circuit challenging the U.S. Environmental Protection Agency's recent repeal of Biden-era limits on greenhouse gas emissions from fossil fuel-fired power plants.

  • October 01, 2026

    CFPB Couldn't Verify Security Of Tech Left In Offices, IG Says

    The Consumer Financial Protection Bureau left computer equipment sitting in its now-closed regional offices for more than a year and a half without confirming that the hardware, and any sensitive material on it, was locked down, a federal watchdog said Thursday.

  • October 01, 2026

    Dems Want FHFA To Restore Internal Watchdog's Funding

    A group of 11 Democratic U.S. Senators told the Federal Housing Finance Agency not to proceed with "unlawfully slashing" the FHFA's Office of Inspector General budget for fiscal year 2027.

  • October 01, 2026

    Colo. Energy Rules Can't Shake Federal Preemption Suit

    A federal court allowed real estate industry groups' suit challenging Colorado's and Denver's building energy-performance standards to move forward, finding the groups plausibly alleged the regulations are preempted by federal law governing appliance efficiency standards while tossing their claims about consumer appliances as untimely.

  • October 01, 2026

    NY, Wyo. To Collaborate For Faster Crypto Reviews, Exams

    Financial regulators in New York and Wyoming on Thursday said they have agreed to collaborate on crypto oversight in ways that could cut down on duplicative review processes and exams for fintechs operating in both states.

  • October 01, 2026

    Calif. Judge Vacates Trump's $100K H-1B Fee Policies

    A California federal judge has vacated the implementing policies underlying President Donald Trump's $100,000 H-1B visa fee, saying the federal agencies charged with implementing the fee ran afoul of rulemaking procedures required by the Administrative Procedure Act.

  • October 01, 2026

    11th Circ. Told Maduro Owes $217M, Not Venezuelan Oil Co.

    Venezuela's state oil company told the Eleventh Circuit that it shouldn't be forced to pay a $217 million judgment owed to the family of a political opposition leader who was tortured and killed by his government, arguing Thursday that it was never an agent of former dictator Nicolás Maduro. 

  • October 01, 2026

    Flint Beats Protest Claims After Lawyer Disqualified

    A Michigan federal judge has dismissed a civil rights suit accusing Flint officials and police officers of violating protesters' constitutional rights during a 2025 march, months after the judge disqualified the protesters' attorney over his connection to a law firm barred from practicing in Michigan courts.

  • October 01, 2026

    Colo. Judge Needs More Info In Energy Agency Records Fight

    A Colorado state judge said Thursday that she needs additional briefing before deciding if the deliberative process privilege under the state's open records law shields the Colorado Energy and Carbon Management Commission from providing meeting minutes sought after in a public records request.

  • October 01, 2026

    4 Questions About EU And Canada's Vow To Strengthen Ties

    The European Union's invitation for Canada to become an associate member of the bloc raises questions about the potential practical and political ramifications of such an effort. From technical details on what that membership might look like to political obstacles and how the U.S. fits in, here are four questions facing the endeavor.

  • October 01, 2026

    7th Circ. Won't Rehear Enbridge's Wis. Tribal Trespass Fight

    The Seventh Circuit has refused to rehear Enbridge Energy's petition seeking to overturn a decision that its Line 5 pipeline is trespassing on Wisconsin tribal lands, but also sent back to a lower court a $5.2 million restitution order for a portion of the pipeline's removal.

  • October 01, 2026

    Kalshi Looks To Shield Sports Offerings At 2nd Circ.

    Prediction market giant Kalshi has asked the Second Circuit to shield its sports offerings from Connecticut gaming enforcers, drilling down on its position that those offerings ought to be immune from state scrutiny.

  • October 01, 2026

    Exit Interview: SEC's Hester Peirce On Crypto, Clarity And AI

    Outgoing U.S. Securities and Exchange Commissioner Hester Peirce doesn't mind being referred to as "Crypto Mom" for her work championing the industry, but she thinks investors should know: "The government is never your mom."

  • October 01, 2026

    Walmart Hit With New Tariff Suit As Refund Blitz Continues

    Walmart must compensate customers who "bore the economic burden" of Trump administration tariffs before the U.S. Supreme Court struck them down in February, according to a proposed class action in Connecticut federal court that claims the retail behemoth has no plans to share its $2.9 billion refund.

  • October 01, 2026

    Ga. City Fired Worker Who Reported Harassment, Suit Says

    A Georgia city has been sued in federal court by a former employee who said she was smeared in a local newspaper by colleagues before accusing a city manager of sexual harassment and getting fired for speaking up.

Expert Analysis

  • 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.

  • House Truck Weight Bill Could Raise Stakes In Crash Suits

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    A bill pending in the U.S. House of Representatives could allow participating states to run six-axle trucks at 91,000 pounds instead of 80,000, likely resulting in more catastrophic injury claims with higher damages and further taxing an already strained insurance coverage system, says attorney Angel Reyes.

  • Trump Debarment Threat Calls For Targeted Defense Plan

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    President Donald Trump's recent Truth Social directive ordering federal suspension and debarment officials to investigate the National Academies of Sciences, Engineering and Medicine over climate science work could have existential consequences, highlighting the importance of winning the framing battle by building a clear timeline and record, say attorneys at Jenner & Block.

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