Public Policy

  • September 09, 2026

    9th Circ. Deems NCAA's 5-Year Rule Injunction Appeals Moot

    A Ninth Circuit panel on Wednesday tossed the NCAA's appeals of court orders barring it from enforcing its five-year rule to sideline two football players from the 2025 season, finding the cases are moot because the "clock has run out" on the season and the athletes' collegiate careers have wrapped.

  • September 09, 2026

    Crypto Org. Taps Prelogar To Back CFTC's Side In Perps Fight

    A crypto policy group advocating for perpetual derivatives markets hired former U.S. Solicitor General Elizabeth Prelogar to pen a brief backing the U.S. Commodity Futures Trading Commission's approval of bitcoin perpetual contracts as the agency fights a challenge from the Chicago Mercantile Exchange.

  • September 09, 2026

    DC Circ. Denies Bid To Force FCC Action On News Policy

    A D.C. Circuit panel declined Wednesday to compel the Federal Communications Commission to respond to a petition seeking a repeal of its news distortion policy, saying the petitioners failed to establish that they have no other adequate means to seek relief.

  • September 09, 2026

    Trump Admin Floats Barring Many Noncitizens From Census

    The Trump administration on Wednesday proposed changes to how people will be counted in the 2030 census to exclude noncitizens who don't have green cards from the headcount and remove questions on race, ethnicity and sexual orientation.

  • September 09, 2026

    Conn. Farmers Can't Point To Hemp Law Injury, Judge Says

    Connecticut hemp farmers and processors failed to overturn state laws that cracked down on the sale of intoxicating hemp products, after a federal judge ruled that they failed to show how they were concretely harmed by statutes that do not directly regulate cultivation.

  • September 09, 2026

    Texas Court Finds Most Of O'Rourke Fundraising Appeal Moot

    A Texas appellate court in a split decision found that onetime presidential hopeful Beto O'Rourke's challenge to a court order blocking fundraising for state Democrats is moot and separately ruled that a Tarrant County, Texas, court has jurisdiction over the case.

  • September 09, 2026

    Pa. Ch. 7 Judge Pans NJ AG In Remanding 'Ghost Gun' Suit

    A Pennsylvania federal bankruptcy judge says an alleged seller of "ghost gun" kits improperly tried to remove a civil suit filed by the New Jersey Attorney General's office to his court, but chided the AG for assuming that her lawsuit was immune from the automatic bankruptcy stay.

  • September 09, 2026

    Mo. Voters Ask High Court To Sort Out 'Irreconcilable' Rulings

    Voters opposed to Missouri's newly drawn congressional map that favors Republicans in the midterms asked the U.S. Supreme Court on Wednesday to lift a federal judge's order requiring state election officials to use the challenged map, which the Missouri Supreme Court deemed invalid without voter approval.

  • September 09, 2026

    States Say DOT's Driver Data Demand Is Immigration Pretext

    The Democratic-led states asking a Virginia federal judge to stop the Trump administration from accessing the Social Security numbers of commercial drivers nationwide for immigration enforcement backed up their request for an injunction Wednesday, saying the federal government is using post hoc rationalizations to defend its data demands.

  • September 09, 2026

    NC Justices Probe TikTok's State Contacts In Addiction Case

    The North Carolina Supreme Court grappled Wednesday with whether TikTok and its parent company should have to face the attorney general's suit alleging the app is addictive to young users, with TikTok arguing its general national business practices do not create ties to the Tar Heel State sufficient to be dragged into court there.

  • September 09, 2026

    Agencies Warn Of Chinese AI Cos. Targeting US Models

    The Cybersecurity & Infrastructure Security Agency, National Security Administration and FBI have released a report claiming Chinese artificial intelligence companies were extracting proprietary capabilities from U.S. AI models through a process known as "distillation."

  • September 09, 2026

    Two Men Cop To Bribing Ex-NYC Buildings Commissioner

    Two men on Wednesday pled guilty to bribing former New York City Buildings Commissioner Eric Ulrich just weeks before the longtime city official is slated to stand trial in New York state court.

  • September 09, 2026

    Enviro Groups Challenge BLM's Colo., Wyo. Oil Lease Sales

    Two environmental advocacy nonprofits accused the Bureau of Land Management and related agencies of flouting federal law by authorizing the leasing of "environmentally sensitive public lands" in Colorado and Wyoming for oil and gas development, according to a lawsuit filed in Colorado federal court.

  • September 09, 2026

    States, Amici Ask Justices To Keep Mail Ballot Rules On Ice

    Nearly half of the states and the District of Columbia urged the U.S. Supreme Court on Wednesday to leave in place a federal judge's order blocking the U.S. Postal Service from enforcing new mail-in ballot regulations in this year's midterms, arguing the changes are a major political decision USPS had no authority to make. 

  • September 09, 2026

    Software Group Says FCC Should Narrow Covered List Focus

    The software industry thinks the Federal Communications Commission might want to take a more "narrow" view when it comes to its continued expansion of the covered list of telecommunications equipment that the agency deems to be a national security risk.

  • September 09, 2026

    Trump Trust Gets Doc Review In Fla. Debanking Suit

    A Florida federal judge ruled Wednesday that the court can review banking records before they are released to the Donald J. Trump Revocable Trust in a lawsuit alleging its Capital One accounts were closed for political reasons, saying there is no regulation preventing the examination of Bank Secrecy Act-related documents.

  • September 09, 2026

    2 House Democrats Say Trump Can't Fire Copyright Chief

    Two senior House Democrats have urged the D.C. Circuit to reject the Trump administration's claimed authority to remove Shira Perlmutter as the head of the U.S. Copyright Office, arguing that only the librarian of Congress can fire the agency's leader.

  • September 09, 2026

    Justices Call For Early Response Over Paramount Merger

    The U.S. Supreme Court is giving California and other state enforcers that are challenging Paramount Skydance Corp.'s planned $110 billion purchase of Warner Bros. until later this month to respond to Iowa and Montana's bid to block the merger challenge.

  • September 09, 2026

    Ford Says DOT Concern Over China Tech 'Wrongheaded'

    Ford Motor Co. pushed back on U.S. Transportation Secretary Sean Duffy's "profound concern" over what he said was too close of a relationship between it and a Chinese battery manufacturer, saying the claims are unfounded and don't mesh with other administration stances.

  • September 09, 2026

    'Weird Space Stuff' To Get Boost Under FCC Spectrum Plan

    The Federal Communications Commission plans to vote Sept. 30 on a "spectrum abundance" plan meant to fuel a variety of space-based industries by opening up the airwaves across two spectrum bands.

  • September 09, 2026

    Mich. To Revisit Line 5 Tunnel Permits After High Court Ruling

    Michigan environmental regulators will reconsider permits issued in July for Enbridge Energy LP's proposed Line 5 tunnel beneath the Straits of Mackinac after the Michigan Supreme Court found earlier this year that a separate state approval of the project relied on an improperly narrow environmental review, Gov. Gretchen Whitmer said Wednesday. 

  • September 09, 2026

    NJ Tech Chief Seeks To Avoid TikTok Depo In AG's Fraud Suit

    New Jersey Chief Technology Officer Kevin Dehmer has asked a state court judge to block TikTok from deposing him in the attorney general's consumer fraud lawsuit, arguing that he has no firsthand knowledge of the allegations and that forcing a high-ranking state official to testify is unwarranted.

  • September 09, 2026

    Unions, Feds Reach Deal In Gov't Shutdown Layoffs Suit

    A coalition of unions has reached a settlement in principle with the Trump administration resolving litigation in California federal court challenging layoffs at federal agencies during the 2025 government shutdown, pending approval from the U.S. Department of Justice.

  • September 09, 2026

    State Dept. Starts Reprocessing 43K Paused Visa Applications

    The State Department said it has taken steps to start reprocessing visa applications related to the agency's now vacated 75-country visa pause, saying 43,000 applications are subject to a New York federal court's recent order.

  • September 09, 2026

    FTC Chucks Biden-Era Health App Breach Notification Policy

    The Federal Trade Commission, as part of its regulatory streamlining, has rescinded a Biden-era policy requiring health applications and smart devices that collect information to warn users when their medical data has been breached.

Expert Analysis

  • 3 Ways Tokenization Is Moving To Traditional Finance

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    Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • 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.

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