Public Policy

  • August 11, 2026

    Fed. Circ. Says Floor Importers Forfeited Duty Rate Appeal

    Importers forfeited arguments in an appeal to the U.S. Court of International Trade's ruling that sustained revised antidumping duties on Chinese wood flooring, according to an opinion in favor of the U.S. government published Tuesday.

  • August 11, 2026

    Feds Say Snapper Suit Moot After Permits Were Nixed

    A lawsuit challenging expanded recreational red snapper fishing permits the National Marine Fisheries Service issued to four states is "dead in the water" now that the permits have been canceled, the U.S. Department of Commerce told a D.C. federal judge.

  • August 11, 2026

    Virginia Says Hemp Cos. Can't Block New THC Limits

    The day before a court hearing on a motion for a temporary restraining order, Virginia officials are urging a federal judge not to halt enforcement of the state's new THC potency caps, saying the hemp businesses' request to do so "rests on a distorted premise."

  • August 11, 2026

    DOJ Says Executive Privilege May Apply To Private Advisers

    The president's communications with outside advisers may be shielded by executive privilege, so long as they are confidential and relate to official decision-making, the U.S. Department of Justice said in its latest advisory opinion.

  • August 11, 2026

    911 Providers Push FCC For Uniform Next-Gen Framework

    Emergency response organizations are urging the FCC to let 911 authorities drive interoperability between state systems rather than impose stand-alone federal testing mandates.

  • August 11, 2026

    Ohio Justices Advance Possible Ashville Data Center Vote

    An emergency resolution the village of Ashville passed to support a data center project failed to spell out any actual emergency justification for the measure, the Ohio Supreme Court ruled, clearing a path for a possible voter referendum.

  • August 11, 2026

    Blue States Say OCC Overstepped On Escrow Interest Rules

    An Oregon-led coalition of nearly a dozen states sued Tuesday to overturn the Office of the Comptroller of the Currency's recent rules that exempt national banks from state laws requiring the payment of interest on homeowners' escrow account funds.

  • August 11, 2026

    Hemp Co. Vireo Aims To Toss Ownership Contract Claims

    Hemp and THC beverage maker Vireo Growth Inc. and its affiliates are asking a Minnesota federal court to toss the bulk of a suit alleging that Vireo failed to deliver on a partnership and interest contract, saying the plaintiffs' claims are largely based on a contract that was never signed or executed.

  • August 11, 2026

    Trump's Capital One Suit Tests Vast Debanking Powers

    President Donald Trump's lawsuit against Capital One NA is a high-profile test of a bank's broad powers to unilaterally close accounts, an issue that has been "devastating" for companies, law firms and others booted from banks based on opaque compliance concerns, experts say.

  • August 11, 2026

    Ga. Justices Revive Personal Injury Suit Against City

    Georgia's justices revived a woman's trip-and-fall suit against the city of Savannah on Tuesday, saying an intermediate appellate court misapplied the test for determining whether a property owner is immune from liability under the state's Recreational Property Act and must reconsider the case.

  • August 10, 2026

    Spa Fights 9th Circ.'s 'Swinging Dicks' Order At High Court

    The Ninth Circuit's rejection of a spa's religious objections to serving transgender customers is incompatible with several major precedents, according to a U.S. Supreme Court petition filed Monday in litigation that soared in prominence when dozens of circuit judges decried a salacious dissent.

  • August 10, 2026

    HHS Denies $150M Deal With Texas Firm To Rep Migrant Kids

    The U.S. Department of Health and Human Services said Monday that a small law firm in Houston had not yet been tapped for a sole-source grant worth up to $150 million to provide legal services to unaccompanied migrant children in government custody.

  • August 10, 2026

    Calif. Unveils Novel AI Cyber Defense Plan For Critical Assets

    California's governor on Monday rolled out a first-of-its-kind initiative to help state agencies, local governments and critical infrastructure providers use artificial intelligence to detect and respond to increasingly sophisticated cyberthreats and be better prepared for incidents fueled by emerging AI technologies.

  • August 10, 2026

    DOJ Says Revealing Epstein Survivor IDs Wasn't Intentional

    The U.S. Department of Justice, Google and xAI have all urged a California federal court to throw out claims the Justice Department published the identifying information of more than 100 survivors of Jeffrey Epstein, information that continues to be republished by Google and xAI, arguing that disclosure wasn't willful.

  • August 10, 2026

    Mass. Data Center's Expansion Paused For Now

    A Massachusetts state judge temporarily blocked a data center's expansion plans in Lowell on Monday, finding opponents of the project may be poised to succeed on the basis that they weren't given a full opportunity to be heard.

  • August 10, 2026

    Trump Revives Push To Reduce Kids' Vaccine Schedule

    Responding to a legal setback, President Donald Trump signed an executive order Monday recommending fewer vaccines for most children and calling on parents and doctors to space out the vaccines they do give.

  • August 10, 2026

    9th Circ. Won't Revisit Kids' Suit Over Trump's Energy EOs

    The full Ninth Circuit on Monday declined to rehear a group of youths' legal challenge of President Donald Trump's executive orders spurring the use of fossil fuels to meet the country's energy needs.

  • August 10, 2026

    9th Circ. Backs City Of Tacoma In Pension Liability Rate Fight

    A Ninth Circuit panel sided with the city of Tacoma, Washington, in a pension fund dispute Monday, holding that a lower court correctly upheld an arbitrator's reassessment of the city's liability after it withdrew from the Western Metal Industry Pension Fund following the expiration of underlying collective bargaining agreements.

  • August 10, 2026

    OCC Takes Swipe At BofA In Post-Jan. 6 Data Sharing Suit

    A top U.S. banking regulator has waded into a proposed class action accusing Bank of America NA of unlawfully sharing customer information with law enforcement after the Jan. 6, 2021, U.S. Capitol attack, arguing the bank can't use a key regulatory safe harbor to exit the case.

  • August 10, 2026

    Trump Pick Confirmed To NCUA As Hauptman Joins PCAOB

    The National Credit Union Administration is poised for new leadership after senators on Friday confirmed Trump nominee John Crews to its board, whose acting Chairman Kyle Hauptman has departed for a seat on the Public Company Accounting Oversight Board.

  • August 10, 2026

    Clinics' Suit Over Fund Use Ballot Measure Gets Tossed

    A California federal judge tossed a suit that federally designated community health clinics filed to block the placement of an expenditure transparency reporting initiative on the November ballot, saying the clinics' claims aren't ripe for court review.

  • August 10, 2026

    AbbVie, Novartis Seek To Block Ill. 340B Drug Discount Law

    AbbVie Inc. and Novartis Pharmaceuticals are urging an Illinois federal court to block a state law that took effect Friday barring pharmaceutical manufacturers from trying to impose restrictions on 340B contract pharmacy arrangements, arguing in a pair of suits that the law is unconstitutional.

  • August 10, 2026

    Conn. Town Wins Cop's Medical Marijuana, Discrimination Suit

    A Connecticut town has prevailed against a former police officer's discrimination claims tied to a training injury, comments by colleagues, a pension application and subsequent medical marijuana use, with a state judge issuing wins as a matter of law to the municipality and its officials on all four counts alleged.

  • August 10, 2026

    FCC Urged To Tighten 'Covered List' Regs

    A foreign policy think tank has asked the Federal Communications Commission to adopt a more comprehensive set of regulations to bar devices containing parts that are made by entities on the agency's Covered List, which identifies equipment and services deemed national security risks.

  • August 10, 2026

    Michel, Startups Back Injunction Bid In Samsung Patent Case

    Former Chief Federal Circuit Judge Paul Michel, patent law professors and a group of startup companies on Monday backed Collision Communications Inc.'s bid for a permanent injunction on Samsung products found to infringe its patents, saying courts have misread U.S. Supreme Court precedent.

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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