Public Policy

  • August 05, 2026

    Trump Admin Can't Deport Asylum Seekers Over Unpaid Fees

    A Massachusetts federal judge Wednesday temporarily barred the Trump administration from imposing consequences on asylum seekers who fail to timely pay an annual asylum fee, but refused to halt a one-year work authorization cap for those with temporary protected status.

  • August 05, 2026

    Defense Dept. Was 'Ostrich Burying His Head', Judge Says

    A Massachusetts federal judge Wednesday compared the U.S. Department of Defense's since struck-down reimbursement limit for grant-funded research to an "ostrich burying his head in the sand," awarding attorney fees to the academic organization that successfully challenged the policy.

  • August 05, 2026

    Senate Version Of Kids' Online Safety Legislation Clears Panel

    A key U.S. Senate committee Wednesday advanced four legislative proposals designed to shield children from online harms presented by addictive design features and artificial intelligence-powered chatbots, setting up a clash with a package of digital safety bills that has already passed the House but that several senators have blasted as "toothless."

  • 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.

Expert Analysis

  • Opinion

    States Should Reconsider Forced PBM Divestiture Laws

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    State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

  • HSR Deals Proceed More Steadily Than Narratives Suggest

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    The most recent Hart-Scott-Rodino Act data show that transaction volume remained relatively stable, transaction values continued to increase and enforcement activity remained low, suggesting that enforcement rates have been relatively consistent across presidential administrations despite widely differing public rhetoric regarding merger enforcement, says Amanda Wait at Michael Best.

  • Assessing The Benefits Of Fla.'s Newest Business Structure

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    As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

  • Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

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    Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Noncompete Laws Show States Focusing On Bans, Healthcare

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    The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

  • What's Inside Proposed, Expanded NY Stablecoin Regulations

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    New York's recently proposed regulations for payment stablecoin issuers would, if adopted, increase the regulatory burdens of a state license, and midsize issuers considering a conversion to a federal charter should weigh the associated costs of both options, say attorneys at Lowenstein Sandler.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • What Corporate Counsel Can Learn From OpenAI Test Breach

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    The significance of the recent artificial intelligence testing breach involving OpenAI and Hugging Face lies in what it reveals about the path of AI’s evolution, because legal professionals must translate that trajectory into actionable governance, contractual and advisory frameworks, says Jason Mueller at Vorys.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • 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.

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