Public Policy

  • September 22, 2026

    Cities Say Local Permits Not 'Hurdle' To Broadband

    The nation's cities, counties, towns and villages are not pleased with the Federal Communications Commission's decision to work on a proposal that would allow the agency to preempt local reviews of wireline deployments if the FCC thinks localities are dragging their feet.

  • September 22, 2026

    Colo. Justices Mull Trial Court's Authority In Water Rights Suit

    The Colorado Supreme Court grappled Tuesday with ranchers' bid for the justices to overturn a water court's order allowing a change of water right for a right they say was not at issue, questioning counsel on the water court's authority to impose certain conditions in the neighbors' 10-year legal battle.

  • September 22, 2026

    USPTO Announces New AI Chief, Int'l Pilot, Outreach Office

    The U.S. Patent and Trademark Office has a new leader for artificial intelligence, is participating in a pilot program for a global intellectual property recordation system and is launching the latest outreach office. Here's what you need to know.

  • September 22, 2026

    FTC's Ferguson: Don't Fight New Fed. Courts Merger Policy

    Federal Trade Commission Chairman Andrew Ferguson on Tuesday warned companies that fighting the FTC's shift to challenging mergers exclusively in federal court risks making "your life more difficult."

  • September 22, 2026

    CFTC Warns Prediction Platforms Of 'Mention Market' Risks

    The U.S. Commodity Futures Trading Commission on Tuesday warned prediction market operators that offering wagers on whether a person will say certain words, interact with someone or attend an event comes with heightened manipulation risks that platforms must address before listing.

  • September 22, 2026

    SEC E-Delivery Plan Draws Access Concerns, Enviro Praise

    State regulators, labor unions and at least one member of Congress are among those urging the U.S. Securities and Exchange Commission to rethink a proposal that would allow issuers and market intermediaries to default to electronic delivery of investor documents, while Wall Street groups and environmental advocates praised the measure.

  • September 22, 2026

    FDA Must Revisit MiMedx Wound Care Powder Classification

    A Georgia federal judge vacated the Food and Drug Administration's classification of biomedical company MiMedx's wound care treatment as a biological product, which carries heightened regulatory requirements, finding the agency's determination was arbitrary because it had classified similar products as devices.

  • September 22, 2026

    Colo. Hospital Seeks To Toss Meta Pixel Patient Data Suit

    A Colorado hospital system has asked a federal court to toss a proposed class action accusing it of illegally sharing patients' browsing data with Meta through a website tracking tool, arguing the patient who sued failed to show he was harmed and that the conduct does not violate federal wiretapping law.

  • September 22, 2026

    Wash. Appeals Court Revives Colo. Tax Payment Dispute

    Whether intercompany payments count as profit, royalties or taxable management fees is a disputed question of fact, a Washington state appellate panel said Tuesday, ordering back to a trial court a dispute over whether a Colorado company and its affiliates owe Washington's business and occupation tax.

  • September 22, 2026

    Pa. Gov., Legislators Must Face Public-Defense Funding Suit

    A divided Pennsylvania appeals court has allowed a petition filed against the commonwealth's top political leaders to proceed, granting a path forward for the claims that chronic underfunding of public defender offices has led to indigent criminal defendants receiving ineffective legal assistance.

  • September 22, 2026

    Trump Admin Sued Over $289M In Soon-To-Lapse CDFI Funds

    A business advocacy group has sued the Trump administration, seeking to force it to distribute over $289 million in congressionally appropriated funds meant to support community development financial institutions before the funds lapse at the end of the month.

  • September 22, 2026

    Trump Admin Asks Justices To Curb Noncitizen Habeas Relief

    The Trump administration implored the U.S. Supreme Court to cure a circuit split over noncitizens filing habeas petitions to challenge their detention during pending removal proceedings, warning of "intolerable disuniformity" in how the Immigration and Nationality Act is administered.

  • September 22, 2026

    DC Circ. Nixes Congressional Veto Over Capitol Protests

    A D.C. Circuit panel on Tuesday deemed regulations barring demonstrations on the U.S. Capitol building's Eastern steps without a congressional sponsor unconstitutional, holding that the government cannot "pick and choose" who gets to use the space for protected speech.

  • September 22, 2026

    RI Judge Vacates Feds' Noncitizen Benefit Restrictions

    New York and other states applauded a Rhode Island federal judge's finding that the Trump administration flouted rulemaking requirements when it reinterpreted a 30-year-old welfare reform bill to try to subject a slew of federally funded benefit programs to immigration status verification requirements.

  • September 22, 2026

    DOJ Says Fired NCUA Members Aren't Like Fed Officials

    The U.S. Department of Justice is urging the D.C. Circuit to reverse a district court order reinstating ousted National Credit Union Administration board members, arguing Congress didn't impose presidential removal restrictions on the NCUA and that the agency isn't analogous to the Federal Reserve.

  • September 22, 2026

    Telecom Looks To Retire Legacy Phone Lines In NH, Maine

    A regional telecom provider has asked the Federal Communications Commission to approve a technology transition that would let the company switch out legacy systems for internet protocol networks in Maine and New Hampshire.

  • September 22, 2026

    Ga. Leaders Push For Nonpartisan Probate Elections

    Current and former Georgia officials on Tuesday threw their support behind a proposed constitutional amendment that would require probate judges to be elected in nonpartisan elections across the state, saying judges should be assessed on skill instead of politics.

  • September 22, 2026

    Del. High Court Upholds Permanent Absentee Voting Law

    The Delaware Supreme Court has preserved the state's permanent absentee voting law, rejecting two state Senate candidates' argument that the system violates the Delaware Constitution by allowing voters to automatically receive absentee ballots in future elections without reestablishing their eligibility each time.

  • September 22, 2026

    Ex-Charlotte Councilwoman Gets 10 Months For COVID Fraud

    A former city council member in Charlotte, North Carolina, was sentenced Tuesday to 10 months in federal prison on one count of wire fraud conspiracy after prosecutors said she submitted sham applications for COVID-19 relief funds with her two daughters.

  • September 22, 2026

    Guatemalan Children's Removal Rights Suit Stays Alive

    A D.C. federal judge on Monday left intact most claims challenging attempts by immigration officials to deport unaccompanied Guatemalan children in federal custody, noting the "hasty attempt" by the government to remove the children without due process or counsel.

  • September 22, 2026

    Blue States Expand Fight Over Trump Offshore Wind Buyouts

    Democratic-led states on Tuesday stepped up their fight against the Trump administration's buyouts of U.S. offshore wind leases, filing a trio of lawsuits that seek to undo payments to developers for abandoning projects on both the Atlantic and Pacific coasts.

  • September 22, 2026

    Commerce On The Lookout For Polysilicon Stockpiling

    The U.S. Department of Commerce is looking to prevent the stockpiling of imported polysilicon and derivative products ahead of tariffs and price floors that will come into effect in December, it said in new rules Tuesday.

  • September 22, 2026

    Law Firm Says Illinois Tollway Owes Limo-Crash Defense Fees

    The Illinois State Toll Highway Authority is being sued in Illinois state court by a Chicago law firm claiming the agency has failed to pay attorney fees for its defense in litigation over a catastrophic 2016 limousine crash.

  • September 22, 2026

    Oil Cos. Escape Mich. Climate Change Antitrust Suit

    A federal judge on Tuesday nixed a lawsuit from Michigan accusing global oil and gas giants of conspiring for decades to delay the transition from fossil fuels to renewable energy, ruling the allegations do not amount to valid antitrust claims.

  • September 22, 2026

    Commerce Sets Zero-Tariff Rules For Specialty Drugs

    Nuclear medicine and animal healthcare drugs are some of the products that will qualify for a zero rate when tariffs on imported pharmaceuticals take effect at the end of the month, according to a notice issued by the U.S. Department of Commerce's Bureau of Industry and Security.

Expert Analysis

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • Assessing DOJ Antitrust's New, Faster Merger Review Option

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    The U.S. Justice Department Antitrust Division's recently announced targeted second request option and new model timing signal a commercially friendly stance and a departure from the prior administration's position, say attorneys at Paul Weiss.

  • 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.

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