Public Policy

  • October 14, 2026

    OCC Says Big Banks Cut Off Customers Over Reputation Risk

    The Office of the Comptroller of the Currency is leveling fresh criticism at the biggest U.S. banks over so-called debanking, releasing a report that finds their use of reputational risk policies led to numerous instances of customers being "disadvantaged" based on their ideological views.

  • October 14, 2026

    Justices Appear Wary Of Broad Reach For Video Privacy Law

    Several U.S. Supreme Court justices seemed hesitant Wednesday to take a more expansive view of the online activities protected by the Video Privacy Protection Act, raising concerns that such an approach would buck the statute's original intent and invite a flood of litigation against a wide range of companies.

  • October 14, 2026

    Kushner Is Unlawfully Serving As Envoy, Watchdog Says

    Jared Kushner is unlawfully wielding power on behalf of the United States government, an ethics watchdog alleged Wednesday, asking a Washington, D.C., federal judge to block the president's son-in-law from acting as a top diplomat without disclosing his personal finances and potential conflicts of interest.

  • October 14, 2026

    State Dept. Ordered To Open 2027 Diversity Visa Program

    A California federal judge ordered U.S. Secretary of State Marco Rubio on Wednesday to swiftly open up registration for the 2027 diversity visa program and to make a public announcement of the registration period "no later than midnight" Thursday.

  • October 14, 2026

    Ex-Oakland Mayor Thao Put 'Power Up For Sale,' Jury Told

    Prosecutors told a California federal jury during trial openings Wednesday that Oakland's then-mayor Sheng Thao put "power up for sale" when she and her boyfriend accepted bribes in exchange for potential city contracts to build prefab "tiny homes" for the unhoused.

  • October 14, 2026

    NC Health Plan Can't Block Atrium's Cost-Sharing Program

    Atrium Health can move forward with a program to offer lower healthcare costs to members of North Carolina's state health plan, a state court judge ruled, handing a loss to the state treasurer in his lawsuit claiming Atrium's program will ultimately saddle the plan with more debt.

  • October 14, 2026

    High Court Won't Pause Mich. Activist Pretrial Jail Order

    The U.S. Supreme Court has rejected a bid by a self-described "antifa" member to halt a Sixth Circuit order sending him back to jail pending charges that he cyberstalked and threatened a social media supporter of U.S. Immigration and Customs Enforcement.

  • October 14, 2026

    Judge Probes Public Disclosure Bar In Fluor FCA Lawsuit

    A D.C. federal judge said Wednesday that a whistleblower's qui tam False Claims Act lawsuit accusing defense logistics contractor Fluor of labor trafficking could ultimately fall under the statute's public disclosure bar, given that "a bunch of stuff" had been floating around on the company prior to his complaint.

  • October 14, 2026

    DC Circ. Not Fan Of EPA's Citation Habits In Methane Appeal

    The D.C. Circuit didn't seem too sure Wednesday morning whether the U.S. Environmental Protection Agency had behaved how it ought to have when extending compliance deadlines for initiating requirements to reduce methane pollution from the oil and gas sector.

  • October 14, 2026

    Conn. Committee Backs Monitored Return For Convicted Atty

    A former Connecticut attorney who pled guilty to moving money during a client's $3 million securities scheme can be readmitted to the bar subject to monitoring, insurance and mentorship conditions, a local ethics committee has recommended, though a three-judge panel will now decide whether to accept or reject that guidance.

  • October 14, 2026

    3rd Circ. Backs Pa. Regulator In Pipeline Approval Fight

    The Third Circuit on Wednesday affirmed a Pennsylvania regulator's approval of a Transcontinental Gas Pipe Line Co. project, ruling there was no evidence the water quality information pushed by environmental groups would have altered the outcome of the application.

  • October 14, 2026

    US Backs Alaska In High Court Fight Over Plane Forfeiture

    The federal government has told the U.S. Supreme Court that Alaska is well within its right to confiscate "instrumentalities of crime" and the state's attempted forfeiture of an 83-year-old bush pilot's $95,000 plane for transporting a six-pack of beer to a dry village wasn't excessive.

  • October 14, 2026

    GAO Says ICE, CBP Should Improve Body Camera Programs

    The U.S. Government Accountability Office issued a report recommending that immigration enforcement agencies improve their body-worn camera policies, noting the U.S. Department of Homeland Security concurred with all of its recommendations, except over automated camera activation controls.

  • October 14, 2026

    Delay In 39% Audience Cap Lift Not Needed, Broadcasters Say

    The broadcast lobby urged the Federal Communications Commission to reject a bid from several cable industry groups to pause the agency's repeal of the 39% national audience share limit on TV station chains.

  • October 14, 2026

    LSU's Relent Hasn't Cooled College Football Roster Litigation

    The Southeastern Conference is looking to proceed with its suit over Louisiana State University's efforts to add former NFL players to its roster, telling an Alabama federal judge that its claims are live despite the school's decision not to bring those players aboard.

  • October 14, 2026

    Cannabis Reform Foes Cite GAO In Push To Reopen Hearings

    A U.S. Drug Enforcement Administration administrative law judge on Wednesday ordered the government to respond to a bid by opponents of cannabis reform to reopen hearings on a proposal to loosen federal restrictions on marijuana.

  • October 14, 2026

    9th Circ. Blocks Calif. Law Requiring Fed Agents To Show IDs

    A Ninth Circuit panel on Wednesday reversed the implementation of a California law requiring federal agents to display identification, saying the Trump administration is "certain to succeed" on its argument that the state statute violates the U.S. Constitution's supremacy clause.

  • October 14, 2026

    DOJ Pushes Congress To Expand Death Penalty

    The U.S. Department of Justice has proposed a bill to Congress to bolster the use of the death penalty in both state and federal courts, in a bid to advance a related executive order President Donald Trump signed at the beginning of his second term.

  • October 14, 2026

    Brooklyn DA Busts Crypto Scam Targeting Russian Speakers

    The Brooklyn District Attorney's Office said Wednesday it has taken down hundreds of servers and domains used to defraud Russian speakers in the U.S., dealing a significant blow to the international cryptocurrency scam operation.

  • October 14, 2026

    Trump Dodging Deposition In Defamation Suit, BBC Says

    The BBC asked a Florida federal court to convene a hearing on whether President Donald Trump should be forced to sit for a deposition, saying he's not following through with obligations in his $10 billion defamation lawsuit against the broadcaster over a documentary on the January 2021 U.S. Capitol attack.

  • October 14, 2026

    Fla. Horse Trainer Asks Court To Toss Doping Sanctions

    A thoroughbred horse trainer asked a Florida federal court to rule that sanctions imposed on him for allegedly using banned substances violated his constitutional rights, arguing he was denied a jury trial and that a private regulator overstepped its authority by handing out punishment. 

  • October 14, 2026

    DOJ, IRS Say Enforcement Surge Exposed $490M In Tax Fraud

    The U.S. Department of Justice prosecuted 76 people linked to more than $490 million in federal revenue losses as part of a stepped-up enforcement effort with the IRS and U.S. attorneys' offices over the past six weeks, the leader of the DOJ's new fraud division said Wednesday.

  • October 14, 2026

    Fed. Circ. Upholds Patent Denial In SAWS-Bias Challenge

    The Federal Circuit on Wednesday swiftly upheld the U.S. Patent and Trademark Office's decision to deny an inventor's internal combustion engine patent application after he argued his constitutional rights were violated when his case was sent to the USPTO's controversial, now-discontinued Sensitive Application Warning System, or SAWS, program.

  • October 14, 2026

    11th Circ. Says Fla. Can Enforce Social Media Teen Ban

    The Eleventh Circuit has ruled that Florida can enforce its restrictions on social media for children, vacating and reversing a preliminary injunction that blocked the state's enforcement.

  • October 14, 2026

    Trade Court Can Order Refunds Without Suits, Fed. Circ. Told

    A subset of importers shouldn't be required to file suits at the U.S. Court of International Trade to receive refunds for tariffs paid that were deemed unlawful by the U.S. Supreme Court, the U.S. Chamber of Commerce and a technology trade organization told the Federal Circuit.

Expert Analysis

  • AI, Prediction Markets Lead Securities Developments In 2026

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    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • Why A Class Was Certified In Financial Aid Info-Sharing Case

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    The recent Illinois federal court decision in Corzo v. Brown University offers key guidance for defendants confronting class certification in antitrust matters, highlighting how typicality can be satisfied despite class members attending different universities, receiving different aid awards and being affected across different time periods, say attorneys at Baker McKenzie.

  • Key Compliance Insights From Calif.'s Volvo Diesel Deal

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    While the future of California's vehicle emissions standards under the Clean Air Act is uncertain, the state's recent settlement with Volvo over diesel emissions hinges on the truthfulness of manufacturer representations to state regulators, and offers important lessons for companies on compliance and recordkeeping, says Thierry Montoya at FBT Gibbons.

  • Community Bank Order Signals Fintech Partnership Scrutiny

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    The Office of the Comptroller of the Currency's recent consent order against Community Federal Savings Bank for deficiencies in its Bank Secrecy Act and anti-money laundering compliance programs offers clear and urgent lessons for community banks pursuing revenue growth through fintech partnerships and payments services, say attorneys at Bradley.

  • House-Passed KIDS Act Spurs Child Data Practices Audit

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    Graham Dean, Brian Roper-Nelson and Will Quick at Brooks Pierce discuss the noteworthy sections of the U.S. House of Representatives' recently passed Kids Internet and Digital Safety Act, the potential revisions as the law moves through the U.S. Senate and the significant business changes that the House law would require.

  • Calif. Recycle Label Order Imperils Product Responsibility Law

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    A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

  • FTC Focus: Enforcing Vertically Integrated Operating Systems

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    As digital platforms increasingly pair operating systems with commerce, advertising, content and data, antitrust scrutiny will turn on whether those integrations create private bottlenecks that foreclose rivals through access, ranking, interoperability or defaults, pushing courts and enforcement agencies to adapt traditional utility and merger frameworks more aggressively, say attorneys at Proskauer.

  • Challenging Detention After 5th Circ. Ends Bond Clocks

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    After the vacatur of the Fifth Circuit’s holding that the U.S. Constitution requires bond hearings for detained noncriminal noncitizens, practitioners should go back to filing habeas petitions, pending the court's en banc rehearing, says Kemal Hepsen at Mandamus Lawyers.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

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