Government Regulation and Public Sector Law

On October 2, a community banking trade association filed a lawsuit against the OCC in the U.S. District Court for the District of Columbia, challenging the agency's authority to grant national trust bank charters to cryptocurrency companies. The complaint alleges that the OCC exceeded its authority under the National Bank Act (NBA) and violated the Administrative Procedure Act (APA) by permitting institutions that neither accept deposits nor primarily engage in fiduciary activities to obtain national trust bank charters.

The U.S. Department of Justice has announced significant revisions to its Justice Manual affecting False Claims Act enforcement, particularly regarding the use of guidance documents in civil and criminal actions and the dismissal of qui tam lawsuits. These changes reinstate 2017 policies while adding substantial new detail about when and how DOJ may rely on sub-regulatory guidance in enforcement proceedings, and signal a potentially more active approach to evaluating whether private whistleblower actions

On September 25, 2026, the U.S. Environmental Protection Agency (EPA) published a final rule limiting Title V review of NSR preconstruction permitting decisions and clarifying that the General Duty Clause of the Clean Air Act (CAA) Section 112(r)(1) is not an “applicable requirement” under Title V.

Two 2025 ICSID tribunals reached opposite conclusions in mining disputes involving Indigenous consultation rights under ILO Convention 169. This analysis examines whether Lupaka Gold v. Peru and Kappes v. Guatemala represent conflicting precedents or coherent expressions of the same legal framework, revealing distinct factual pathways that determine investor versus state-favorable outcomes in Indigenous rights disputes.

Directs federal agencies to expand hunting access on federal lands, authorize hunting in specified national monuments, revise regulations restricting recreational access...

Five foundational ISDS decisions reveal how investment tribunals balance Indigenous consultation rights under ILO Convention 169 with treaty protections for foreign mining investors. This analysis examines the evolving legal framework governing State obligations, social license requirements, and the circumstances under which community opposition triggers treaty liability.

Congressional appropriators face mounting challenges as FY27 budget negotiations stall while the federal debt surpasses $40 trillion. The White House's attempt to reshape NIH grant decisions through political appointees sparked immediate pushback from key lawmakers, raising fundamental questions about executive authority over congressionally mandated funding processes.

As the US and China compete for primacy in space, the stakes extend far beyond national pride. The race to establish infrastructure beyond Earth—from orbital manufacturing to lunar resource extraction—will determine which companies and countries build and profit from the next economy, and on what terms everyone else can access it.

Senate appropriators signal that meaningful action on FY27 spending bills is unlikely before the election, while the House Appropriations Committee shifts focus to oversight hearings. Congressional Republicans continue discussions on reconciliation and debt limit strategies, though prospects for action during the lame-duck session remain uncertain as agencies begin FY28 budget planning.

Europe’s defense sector is entering a period of significant investment and consolidation as governments increase defense spending, technological innovation accelerates and policymakers seek to strengthen European industrial capacity.

National security considerations are rapidly reshaping the life sciences industry, with evolving U.S. and European regulations affecting research, clinical trials, supply chains, investment, data governance, and commercialization. This webinar examines the latest developments across the U.S. and European national security landscape, including countries of concern, investment controls, human 'omic data restrictions, and AI-related risks.

The Committee on Foreign Investment in the United States has released its 2025 Annual Report, revealing significant shifts in transaction review patterns, heightened scrutiny of Chinese investors, and increased withdrawal rates. The report highlights a surge in semiconductor and aerospace sector filings, expanded use of mitigation agreements, and the launch of a new Known Investor initiative designed to expedite reviews for repeat filers.