Public Policy

  • September 02, 2026

    10th Circ. Says Vape Shops Fumbled Utah Flavor Ban Appeal

    The Tenth Circuit dismissed an appeal brought by vape businesses challenging Utah's flavored e-cigarette ban, ruling that the companies picked the wrong order to bring to it on appeal.

  • September 02, 2026

    Kroger, Costco, Major Grocers Added To DOJ Beef Price Probe

    The U.S. Department of Justice expanded its investigation into potential anticompetitive conduct in the American beef industry to include The Kroger Co., Walmart, Costco Wholesale Corp. and five other major grocers.

  • September 02, 2026

    Imported Feed Additive Is An Antibiotic, Trade Court Rules

    An animal health company's imports of a powdered feed additive should have entered the U.S. as a duty-free antibiotic, the U.S. Court of International Trade ruled Wednesday, undoing its previous classification as a preparation for animal feed from China that carried a 25% tariff.

  • September 02, 2026

    UMich Says Student Banned From Campus Can't Show Bias

    The University of Michigan and several of its officials on Wednesday asked a federal judge to dismiss a civil rights suit brought by a student and former university employee, saying his claims that he was barred from a campus area for expressing pro-Palestinian views fail and arguing the university was simply enforcing its standard trespass policy.

  • September 02, 2026

    11th Circ. OKs Refusal Of $1.5M Offer To End $140M Tax Debt

    The Eleventh Circuit rebuffed a software company founder's $1.5 million offer to settle his $140 million tax debt from 1999, ruling Wednesday that the IRS properly rejected the lowball offer in a case tied to sham arrangements.

  • September 02, 2026

    11th Circ. Revives Some Of Pot Co.'s License Bias Claims

    The Eleventh Circuit revived Wednesday a cannabis company's suit against Georgia regulators over a denied production license, saying the company showed it suffered an injury from the state's "pay to play" system and had the right to bring a lawsuit despite cannabis being federally illegal.

  • September 02, 2026

    Optics Co.'s £346M Sale Not Stopped By Antitrust Authorities

    Optics technology provider Gooch & Housego, advised by Burges Salmon LLP, said Wednesday that it cleared a regulatory hurdle in its proposed acquisition by Kirkland & Ellis LLP-led private equity shop Arlington Capital, as the antitrust waiting period for the £346 million ($470 million) deal has expired.

  • September 02, 2026

    Mass. Woman Admits Assault On Agents Detaining Immigrants

    A Massachusetts woman pled guilty in federal court on Wednesday to assaulting and threatening to kill federal agents outside a courthouse where they were attempting to detain immigrants, prosecutors said.

  • September 02, 2026

    Crypto Mine Noise Suit Belongs In State Court, Neighbors Say

    Residents of a North Carolina town suing over allegedly excessive noise coming from a nearby cryptocurrency mining and AI data center want their lawsuit bumped back down to state court, arguing the damages they're seeking fall short of the threshold required for federal jurisdiction.

  • September 02, 2026

    DOJ Says Trump's Jan. 6 Speech Was An Official Act

    The U.S. Department of Justice argued Tuesday that President Donald Trump was carrying out one of his office's "most important functions" when he urged protesters to head to the Capitol on Jan. 6, 2021, and "fight like hell," so the D.C. Circuit should deem his speech official conduct.

  • September 02, 2026

    Dems Call Subpoenas' Secrecy Request 'Abuse Of Authority'

    Democratic lawmakers Sen. Ron Wyden, Ore., and Rep. Pramila Jayapal, Wash., have called for an investigation into subpoenas issued from federal law enforcement to private companies that contain nondisclosure provisions and carry threats of legal consequences for noncompliance.

  • September 02, 2026

    Localities Say DHS Can't Tie Grant Funds To Election Process

    Governments in Tennessee, Texas and Ohio have asked a D.C. federal court to grant them a win against the U.S. Department of Homeland Security, arguing Congress did not condition receipt of counterterrorism grants on the way localities administer elections.

  • September 02, 2026

    Calif. Beats DOJ's Challenge To State Trans Athlete Policy

    A California federal judge tossed Monday the government's challenge to Golden State policies allowing transgender students to compete on sports teams that aligned with their gender identity, finding a recent U.S. Supreme Court ruling doesn't bar such policies and the government failed to notify the state of its funding restrictions.

  • September 02, 2026

    Groups Push To Revive Challenges To Trump Monument Cuts

    Coalitions of conservation groups on Wednesday asked a Washington, D.C., federal judge to reopen a series of stayed cases to try to overturn President Donald Trump's removal of millions of acres of land from the Bears Ears and Grand Staircase-Escalante national monuments in Utah.

  • September 02, 2026

    DOJ Opinion Broadens States' Duty To Report To DHS

    All state agencies in states participating in federal welfare programs must notify federal immigration officials about the presence of unauthorized immigrants, according to an opinion released Wednesday by the Justice Department's Office of Legal Counsel.

  • September 02, 2026

    Miami College Officials Claim Immunity In ICE Protest Suit

    Miami college administrators urged a Florida federal court to dismiss a lawsuit filed by students who said they were unjustly disciplined for protesting against a U.S. Immigrations and Customs Enforcement contract, saying immunity bars the complaint against them. 

  • September 02, 2026

    DC Says AC Outage Among 'Shocking' Conditions At Complex

    Washington, D.C., said Wednesday that it has sued the landlord of an affordable housing complex where residents have dealt with "shocking" conditions such as a summertime air conditioning outage, unrepaired fire damage and pest infestations.

  • September 02, 2026

    5th Circ. Presses ATF On Out-Of-State Handgun Sales

    A Fifth Circuit panel pressed the Bureau of Alcohol, Tobacco, Firearms and Explosives to explain the scope of a law barring citizens from purchasing handguns outside their state of residence, asking Wednesday what problems the government would face from the law's revocation.

  • September 02, 2026

    Judge Tosses Feds' Sanctuary Policy Fight Against Rochester

    A New York federal court tossed a lawsuit from the Trump administration challenging the city of Rochester's sanctuary immigration policies, finding the policies do not unlawfully regulate or discriminate against the federal government and are not preempted under federal law.

  • September 02, 2026

    2nd Circ. Faults NLRB's Dress Code Test In Starbucks Appeal

    The Second Circuit faulted the test the National Labor Relations Board applies to neutral dress codes that restrict workers' displays of union insignia, tossing Wednesday a ruling that Starbucks illegally barred workers at a Manhattan shop from wearing pro-union shirts. 

  • September 02, 2026

    Mich. City Says New Rules Moot Developer's Data Center Suit

    The city of Wixom said in Michigan federal court Tuesday that a developer's exclusionary zoning and due process claims over its recently enacted data center moratorium and subsequent denial of a waiver are not viable because they focus on an unapproved site plan under old rules.

  • September 02, 2026

    Calif. Bill Regulating Atty AI Use Heads To Newsom's Desk

    A bill regulating attorneys' and arbitrators' use of generative artificial intelligence has unanimously passed the California State Legislature and is headed to Gov. Gavin Newsom's desk.

  • September 02, 2026

    Colo. Exits Pharma Group's Challenge Of Drug Discount Law

    A Colorado federal court has thrown out a pharmaceutical industry trade group's challenge of a state law requiring drug manufacturers to sell discounted drugs through contracted pharmacies, finding the group failed to show the law conflicts with federal law or controls business activity beyond Colorado's borders.

  • September 02, 2026

    Lutnick Says Semiconductor Tariffs Are Coming, With Carveouts

    U.S. Secretary of Commerce Howard Lutnick on Wednesday said the U.S. is looking to issue a broad tariff on semiconductors, though he also said it would be structured such that companies that commit to U.S. manufacturing would be exempt.

  • September 02, 2026

    Wireless Provider Claims Utility Slowing Idaho Projects

    A wireless services provider claims a Washington-based public utility is slowing down its Idaho broadband deployments and charging excessive fees, asking the Federal Communications Commission to step in.

Expert Analysis

  • Constructing AI Compliance Plans As State Laws Diverge

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    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

  • How McDonnell Still Shapes Bribery Defense Strategy

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    The pending federal bribery allegations against Washington, D.C., Council member Trayon White Sr. highlight for defense counsel the importance of overcoming the “official act” requirement established by the U.S. Supreme Court’s ruling in McDonnell v. U.S., and juries' critical role in distinguishing between official and unofficial acts, say attorneys at ArentFox Schiff.

  • Assessing Issues The CFTC's Sports Betting Rules May Face

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    The U.S. Commodity Futures Trading Commission recently proposed a rule to consolidate its control of sports bets made on prediction market trading platforms, but problems may arise from possible conflicts between the proposed changes and state laws — and maybe even the Commodity Exchange Act itself, says David Slovick at Kopecky Schumacher.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

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    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Examining 3 Notable DOL Moves In The First Half Of 2026

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    With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

  • Weighing The Implications Of The Anthropic Export Directive

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    The Trump administration recently issued an export control directive against Anthropic to suspend all access to Fable 5 and Mythos 5 by any foreign national, representing one of the first uses of the regime against a frontier large language model in widespread commercial distribution, says attorney Sohan Dasgupta.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk

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    Recent amendments to Oklahoma's Production Revenue Standards Act — the most comprehensive in decades — raise the stakes for true noncompliance with the state's oil and gas royalty payment framework, while offering operators clearer rules, defined interest boundaries and predictable exits from prolonged suspense situations, say attorneys at GableGotwals.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Is The SEC Entering Fight Over Prediction Market Oversight?

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    The U.S. Securities and Exchange Commission had remained largely silent on prediction market regulation until last week, but that trend may be changing, as many event contracts could qualify as security-based swaps, which are subject to the SEC's oversight under current definitions, say attorneys at Bradley Arant.

  • Data Reveals Pivot In Feds' Financial Fraud Priorities

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    Recent Justice Department data shows fraud prosecutions fell to their lowest rate in a decade in 2025, illustrating a move away from traditional financial cases and toward a targeted mix of healthcare, government program, consumer and sanctions matters, say Paul Hinton and Adrienna Huffman at The Brattle Group.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

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