Public Policy

  • September 24, 2026

    Cayuga Tribe Fights to Keep Caesars Sports Betting Suit Alive

    The Cayuga Nation is asking a district court to reject a bid by Caesars Sportsbook to dismiss the tribe's lawsuit, arguing that the gambling giant's arguments largely rest on a misplaced premise that its New York gambling license allows it to accept wagers from every location within the state.

  • September 24, 2026

    White House Must Restore Press Passes To CNN, Others

    A D.C. federal judge ordered the White House to immediately reinstate White House access for CNN, Politico and MS Now on Thursday morning, writing that the outlets were likely to succeed in claiming that their abrupt ban from the building last week violated their Fifth Amendment procedural due process rights.

  • September 23, 2026

    NM Offers Infernal Literature Lesson In Meta Trial Closing

    New Mexico wrapped its data privacy trial against Meta on Wednesday by likening the social media company's alleged habitual lying about data protection to the worst of sins in Dante's "Inferno," asking the jury, "Does lying matter?"

  • September 23, 2026

    Newman's Roadblocks Guide Judicial Conduct Reform Bill

    The Judicial Conduct and Disability Act has worked well in allowing the judicial branch to govern itself for nearly 50 years, but the ongoing suspension of Federal Circuit Judge Pauline Newman has exposed gaps that could be addressed with newly introduced legislation, attorneys say.

  • September 23, 2026

    Oakland Beats ADA Challenge To Rent Control Program

    Oakland city officials beat a proposed class action alleging its rent control program discriminatorily excludes tenants with mobility disabilities since few units under the program are accessible, after a California federal judge said Wednesday there are other options that could address disparate impacts without violating the state's rent control law.

  • September 23, 2026

    NY's Landmark Climate Change Superfund Blocked Again

    Another New York federal judge on Wednesday agreed with the federal government that the Empire State overstepped its authority with its Climate Change Superfund Act, the second such ruling on the state's landmark attempt to collect payments from fossil fuel companies to fund climate change mitigation efforts.

  • September 23, 2026

    WH Aide Says CFTC Needs Congress For Full Crypto Powers

    A White House crypto aide said Wednesday that Congress' failure to pass the Clarity Act leaves the U.S. Commodity Futures Trading Commission without authority over spot crypto markets, which could limit the agency's plans to stand up a digital asset framework in the absence of crypto market structure legislation.

  • September 23, 2026

    Colo. Town Says Agenda Change Didn't Void Closed Meeting

    A Colorado Court of Appeals panel appeared skeptical Wednesday that an improperly noticed meeting revokes the privacy privilege of an executive session held at the meeting in a town's appeal of a lower court's order to make what was discussed during the session public.

  • September 23, 2026

    9th Circ. Grounds Suit Over Wash. Airport Flight Path Pollution

    A Ninth Circuit panel said Wednesday that a provision of the Clean Air Act limiting state regulation of aircraft emissions is enough to extinguish a group of Washington residents' proposed class action against Delta Air Lines, Alaska Airlines and the Seattle-Tacoma International Airport's operator over alleged flight path pollution.

  • September 23, 2026

    Squires Wants Even More Review Of Patent From $253M Case

    The U.S. Patent and Trademark Office director again intervened in a case stemming from a Patent Trial and Appeal Board's invalidation of patent claims in a $253 million judgment against GoDaddy, asking the Federal Circuit to remand an appeal over a decision by top judges that revived the claims.

  • September 23, 2026

    Judge Won't Block Feds' Land Exchange With SpaceX

    SpaceX and the U.S. Fish and Wildlife Service can proceed with their planned land swap after a Texas federal judge determined that the groups challenging the deal failed to show that their members would suffer irreparable injury as a result of the exchange.

  • September 23, 2026

    Electric Cos. Urge FCC To Revamp Call Consent Revocation

    Investor-owned electric companies told the Federal Communications Commission it should move forward on a recently proposed rule that would change how call consent revocation applies to different categories of calls.

  • September 23, 2026

    Banking Dems Protest GOP-Only Prediction Market Talks

    Every Democratic senator on the Banking Committee on Wednesday urged the panel's chairman, Sen. Tim Scott, R-S.C., to hold a public hearing on prediction markets, the same day Scott held a Republican member meeting with the CEO of sports betting platform Kalshi.

  • September 23, 2026

    Blue Shield Still Facing Therapy 'Ghost Network' Suit

    A California federal judge ruled Wednesday that Blue Shield of California must face the majority of claims brought in subscribers' proposed class action alleging the insurer maintained a "ghost network" of mental-health providers that didn't exist or accept new patients, saying the suit adequately claims contract terms were not met.

  • September 23, 2026

    5th Circ. Asks Texas Students If Drag Is Same As 'Striptease'

    The full Fifth Circuit pressed student LGBTQ+ advocacy organizations to explain how drag shows on Texas college campuses met the standards for First Amendment protection, asking Wednesday if the organizations were arguing the schools should allow "striptease" performances.

  • September 23, 2026

    Colo. Judge Declines To Sanction Hospital In Gender Care Suit

    Children's Hospital Colorado properly complied with an injunction prohibiting it from refusing to provide medically necessary gender-affirming care to transgender youth patients, a state judge ruled, rejecting a request by a class of patients to hold the hospital in contempt.

  • September 23, 2026

    Media Ban Judge Declines Ruling On TRO, For Now

    A D.C. federal judge Wednesday declined to rule immediately on a temporary restraining order restoring White House access for major news organizations barred by the Trump administration since last week, instead saying he would consider the sides' arguments and issue a ruling shortly.

  • September 23, 2026

    Birthright Order Could Put Class Members At Risk, Judge Told

    Immigrant rights groups are aiming to stop the government from trying to dissolve a court order that blocked a presidential directive intended to curtail birthright citizenship, arguing the executive order would affect a certified class of children born in the U.S., despite the government's insistence it would not.

  • September 23, 2026

    9th Circ. Won't Rehear Klamath Project ESA Ruling

    The Ninth Circuit said Wednesday it won't disturb a divided three-judge panel's ruling affirming that a federal regulator must abide by the Endangered Species Act's interagency consultation requirements as it operates a water management project in northern California and southern Oregon.

  • September 23, 2026

    Wash. Judge Blocks Ed. Dept. Mental Health Grant Cuts

    A Washington federal judge preliminarily enjoined the U.S. Education Department from terminating up to $1 billion in K–12 mental health grants serving 15 states, finding states provided sufficient evidence that the agency was planning to unlawfully cut those grants.

  • September 23, 2026

    Exelon Investors' $40M Deal In Bribery Case Wins Final OK

    An Illinois federal judge on Tuesday granted final approval to a $40 million settlement resolving Exelon shareholders' claims against company leaders connected to the Commonwealth Edison bribery scandal, over the objections of some investors who argued that most benefits were already paid, previously implemented, or too small to justify releasing valuable claims.

  • September 23, 2026

    DOJ Partially Backs Apple In Epic High Court Contempt Case

    The U.S. Department of Justice told the U.S. Supreme Court in an amicus brief that the Ninth Circuit wrongly faulted Apple for charging a 27% commission on transactions linked out from apps, but it backed other parts of the California federal court's contempt order won by Epic Games.

  • September 23, 2026

    Illinois Swipe-Fee Ban Also Blocked For Federal Credit Unions

    An Illinois federal judge expanded an order blocking the state from enforcing its landmark ban on tax-and-tip swipe fees against most banks, ruling that an injunction she granted earlier this year extends to federal credit unions in light of a new federal rule that authorizes them to collect interchange fees.

  • September 23, 2026

    Mich. Court Keeps Freeze On Voting Data Deletion In Place

    A temporary restraining order preventing the deletion of voter records from the Aug. 4 primary election will remain in place pending the release of administrative rulings from the Michigan Secretary of State, a Michigan judge ruled Tuesday.

  • September 23, 2026

    Mich. Judge Gives Cannabis Cos. Chance To Fix Complaint

    A Michigan federal judge has given two companies challenging the city of Menominee's marijuana licensing process a chance to amend their complaint after the city argued that a waiver signed as part of a license application bars their nine-count lawsuit.

Expert Analysis

  • 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.

  • Fed Report Underscores Focus On Nonbank, CRE Risks

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    The Federal Reserve Board's latest supervision and regulation report highlights that broad systemic stability will not insulate individual institutions from rigorous supervisory challenges regarding concentrated commercial real estate portfolios and nonbank partnerships, says Daniel Meade at Hogan Lovells.

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