United States: Constitutional & Administrative Law

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.
Article
The Ninth Circuit Upholds Arizona’s Bright Light On “Dark Money”
In November 2022, Arizona voters resoundingly approved Proposition 211, known as the Voters’ Right to Know Act (“Proposition 211” or the “Act”).1 Proposition 211 was designed to require additional public disclosures for individuals and groups behind campaign communications in the state. The proposition continued a growing trend of jurisdictions targeting “dark money” in elections.
United States Government
AG
Akin Gump Strauss Hauer & Feld LLP
Article
CIRCIA Rule Advances, Bringing New Cyber Reporting Requirements Closer
The Cybersecurity and Infrastructure Security Agency has moved its final rule implementing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 to the Office of Management and Budget for review, marking the last major regulatory step before publication. With approximately 316,000 entities across 16 critical infrastructure sectors potentially subject to mandatory cyber incident reporting requirements, organizations need to understand the compliance obligations and prepare their incident respo
United States Technology
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Steptoe LLP
Article
UPDATE: DEA Publishes Registration Applications For Medical Marijuana Manufacturers, Distributors, And Analytical Labs
The DEA has opened new registration portals for medical marijuana manufacturers, distributors, and analytical labs, expanding beyond the dispensary registration that became available earlier this year. These applications require extensive business information and background disclosures, with fees ranging from $296 to $3,699, and may provide significant compliance and commercial benefits for cannabis businesses operating under state medical marijuana programs.
United States Government
FH
Foley Hoag LLP
Article
The Topline: Steptoe Appropriations Newsletter | October 2, 2026
As Congress enters its October recess and shifts into campaign mode, a growing fight over executive spending authority is complicating year-end funding negotiations. The Trump Administration's repeated testing of congressional control over federal funding has prompted bipartisan pushback from appropriators, raising the prospect of new guardrails in future appropriations bills to protect grant-making processes and prevent pocket rescissions.
United States Government
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Steptoe LLP
Article
Compliance Notes - Vol. 7, Issue 20
Federal and state campaign finance regulators continue to scrutinize disclosure requirements and recurring donation practices, while courts weigh the constitutional boundaries of transparency laws. Recent developments include FEC inquiries into software-driven reporting errors, a Ninth Circuit ruling upholding Arizona's donor disclosure law, and California's new quarterly reporting framework for behested payments.
United States Commercial
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Nossaman LLP
Article
“Can They Search My Phone At The Airport?” U.S. Court Of Appeals Issues Decision On “Border” Cellphone Searches
The Second Circuit Court of Appeals ruled that federal officers may manually search travelers' cellphones at international airports without a warrant, probable cause, or reasonable suspicion. The decision in United States v. Alisigwe establishes broad border-search authority while leaving unresolved whether more sophisticated forensic examinations require individualized suspicion of wrongdoing.
United States Criminal
BB
Baker Botts LLP
Article
Education Department Formally Repeals 2024 Title IX Rule, Formalizes 2020 Rule Status Quo
The U.S. Department of Education has formally rescinded the 2024 Title IX regulations and reinstated the 2020 framework, with one notable modification stemming from prior litigation. This regulatory shift reaffirms the Education Department's position on sex-separated facilities and athletics based on biological sex, while clarifying compliance obligations for educational institutions navigating Title IX requirements.
United States Government
HK
Holland & Knight
Article
New York Court Strikes Down Pied-À-Terre Tax Rollout, While Constitutional Challenges Mount
A New York Supreme Court Justice has struck down the rollout of the pied-à-terre tax, ruling the Department of Finance's implementation plan arbitrary and capricious. The decision comes as two new constitutional challenges are filed against the tax, with prominent figures including former Commerce Secretary Wilbur Ross arguing it unconstitutionally targets nonresidents of New York City.
United States Tax
HL
Hogan Lovells Cadwalader
Article
Wildfire Inverse Condemnation Liability Limited By California Legislature
California's Senate Bill 1153 has been signed into law, providing significant protection for public water systems against wildfire-related inverse condemnation claims. The legislation clarifies that water suppliers have no duty to design or maintain systems for wildfire suppression and that inability to maintain water supply during wildfires is not a substantial cause of wildfire damages. This landmark legislation may reshape liability exposure and insurance costs for water providers across the state.
United States Real Estate
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Nossaman LLP
Article
A History Of FARA Registration
The Foreign Agents Registration Act (“FARA”) was enacted by Congress in 1938 to require individuals doing political or advocacy work within the United States on behalf of a foreign principal, to register their activities and relationship with the Department of Justice (DOJ). FARA was enacted just prior to the United States entry into World War II, with the objective of increasing transparency regarding foreign propaganda and influence in the United States, particularly associated with the Axis powers. The Act does not prohibit any behavior, but it requires disclosure where foreign principals are involved.
United States Government
CD
Caplin & Drysdale
Article
FEATURE COMMENT: The Eleventh Circuit Overturns The Zafirov Decision On FCA Qui Tam Constitutionality
The Eleventh Circuit's September 2026 ruling in U.S. ex rel. Zafirov v. Florida Medical Associates LLC upholds the constitutionality of False Claims Act qui tam provisions under the Appointments Clause, aligning with multiple circuit courts but leaving critical constitutional questions unresolved. With the case remanded for further evaluation of Take Care and Vesting Clause arguments and similar challenges pending in other circuits, the future of qui tam enforcement remains uncertain as multiple Supreme Cou
United States Litigation
CM
Crowell & Moring LLP
Article
DOJ Revises Justice Manual To Strengthen False Claims Act Enforcement
The Department of Justice has revised two critical sections of the Justice Manual governing False Claims Act enforcement, introducing stricter limitations on the use of agency guidance documents as enforcement standards and expanding the framework for dismissing meritless qui tam actions. These policy changes signal a shift toward requiring clearer legal foundations for FCA cases while maintaining the government's ability to actively police the quality of whistleblower lawsuits.
United States Government
FH
Foley Hoag LLP
Article
U.S. District Court Strikes New York Climate Change Superfund Act
A federal court has ruled that New York's Climate Change Superfund Act is preempted by federal law, blocking the state's attempt to collect $75 billion from fossil fuel companies for climate-related infrastructure costs. The decision, which relies heavily on Clean Air Act preemption and foreign affairs doctrine, now awaits appeal while the Supreme Court prepares to hear a related case that could reshape the legal landscape for state climate liability programs nationwide.
United States Environment
BD
Beveridge & Diamond
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