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Compliance
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February 12, 2026
FTC Merger Filing Overhaul Thrown Out
The Federal Trade Commission hasn't shown the costs on merging companies outweigh the claimed benefits of dramatically increasing the amount of information that must be provided upfront when giving notice of a transaction, a Texas federal judge said Thursday, throwing out the commission's overhaul of premerger reporting requirements.
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February 12, 2026
5 Key Flashpoints From Fed's 'Skinny' Account Proposal
The Federal Reserve's push to create "skinny" master accounts that would open up access to U.S. payment rails has become the latest front in long-running turf wars between banks and fintech companies. Here are five of the project's hottest flashpoints attracting controversy.
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February 12, 2026
EPA Targets High Court Do-Over With GHG Rule Repeal
The Trump administration's removal of the link between greenhouse gases and public health takes aim at the U.S. Supreme Court's 2007 landmark determination that GHGs are air pollutants, and will spark a prolonged battle with consequent uncertainty for industries.
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February 12, 2026
State Antitrust Enforcement On The Upswing, Panelists Agree
Speaking at a Silicon Valley antitrust conference hosted Thursday by Baker McKenzie LLP, a senior California antitrust enforcer, an in-house Intel attorney, a University of Southern California law professor, and others agreed that the country is headed into a period of increased activity by state antitrust enforcers.
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February 12, 2026
Law Firm Shouldn't Have To Give Up 1MDB Docs, Judge Says
A federal magistrate judge has recommended denying former Malaysian Prime Minister Najib Razak's bid to obtain discovery from a Manhattan law firm in connection with his efforts to challenge his conviction in Malaysia, finding that the request would impose an "enormous" burden on defense counsel involved in the prosecution of the 1MDB bond bribery scandal.
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February 12, 2026
5th Circ. Upholds Texas Ban On Compensated Vote Harvesting
The Fifth Circuit on Thursday reinstated enforcement of Texas' felony ban on compensated vote harvesting, saying that hypothetical scenarios are not enough to claim that a law is unconstitutional.
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February 12, 2026
Fla. Bank Punished Whistleblowers, Fired Execs Say
Three former top executives of First National Bank of Pasco have sued their ex-employer in Florida federal court, alleging it wrongfully fired them for blowing the whistle on what they called banking law violations, risky fintech exposure and improper board conduct, among other things.
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February 12, 2026
DC Judge Skeptical Funding Lapse Settles ICE Visit Policy Row
A D.C. federal judge considered Thursday whether the U.S. Department of Homeland Security permissibly used a funding gap to freshen up a policy requiring a week's notice for congressional oversight visits, or if a longstanding spending rider prohibits the move.
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February 12, 2026
SBA To Cut 154 DC Firms From Contracting Program
The U.S. Small Business Administration has moved to terminate 154 Washington, D.C.-based firms from its contracting program, citing an internal review that found the firms failed to prove economic disadvantage.
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February 12, 2026
IRS Guidance Offers Relief In Energy Credits' Sourcing Limits
The IRS issued interim guidance Thursday providing two safe harbor options for clean energy facilities or manufacturers of energy components to determine the extent to which they received material assistance from an entity tied to a foreign government that the U.S. deems adversarial.
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February 12, 2026
SEC's Atkins Rejects Top Dem's Crypto Corruption Claims
U.S. Securities and Exchange Commission Chairman Paul Atkins on Thursday pushed back on claims his agency dropped against cryptocurrency firms as a political favor to President Donald Trump, telling Senate Democrats a "changed attitude" by the commission led to the dismissals.
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February 12, 2026
12 Questions For FCC Chair Brendan Carr
It's been a "banger" of a year at the Federal Communications Commission, says agency chief Brendan Carr, who took over at the outset of President Donald Trump's second term with the goal of cutting regulations and quickly turning over more spectrum to the private sector.
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February 12, 2026
Wash. Justices To Hear Gym's Suit Over COVID-Era Inspection
Washington's highest court will review an appellate ruling that state labor department inspectors violated an Anytime Fitness owner's reasonable expectation of privacy when they tailgated a gym member who used a key card to enter the facility during the COVID-19 pandemic, when businesses were supposed to be shuttered.
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February 12, 2026
Top SEC Enforcer Sees Fewer Cases Over Common Violations
The U.S. Securities and Exchange Commission's enforcement chief says she is confident that many violations of federal securities laws concerning requirements for reporting, recordkeeping and internal accounting should not result in agency enforcement actions.
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February 12, 2026
Bipartisan Bill Targets Scam Ads On Social Media Platforms
Federal lawmakers are pushing to require social media companies to crack down on fraudulent advertising on their platforms under new bipartisan legislation that is drawing praise from banking and consumer groups.
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February 12, 2026
Trump Admin EV Funding Cuts Suits Merged In Wash. Court
A Washington federal judge has consolidated two lawsuits seeking to stop the Trump administration from preventing nearly $2.5 billion in congressionally appropriated funds from going to electric vehicle charging infrastructure programs.
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February 12, 2026
HPE Has 'No Grounds' To Hide DOJ Deal Bidders, AGs Say
Democratic attorneys general challenging the controversial Justice Department settlement permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks have urged a California federal judge to let them see who's bidding for assets up for divestiture, arguing the would-be buyers are an integral part of the agreement's viability.
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February 12, 2026
DC Circ. Judge Rips Into Insurer In CMS Rating Case
A Louisiana insurer found a tough critic in one D.C. Circuit judge Thursday as it argued that the Centers for Medicare & Medicaid Services used an unfair method to assess its "star ratings" for insurance plans, with the jurist saying the company seemed like it "just wanted whatever interpretation will give you a higher score."
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February 12, 2026
Airbnb Escapes Most Of Conservative Investors' Suit
A Delaware federal judge on Thursday trimmed claims from two institutional shareholders' suit alleging Airbnb wrongfully excluded their shareholder proposals from proxy materials, nixing claims against specific executives and claims about not-yet-released 2026 proxy materials.
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February 12, 2026
FTC's PBM Case Paused For More Deal Talks
Federal Trade Commission staffers are discussing potential settlements with OptumRx and Caremark that could end the agency's case accusing the pharmacy benefit managers of inflating insulin prices, following a recent deal with Express Scripts.
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February 12, 2026
GOP Lawmakers Probe CalPERS's 'Radical' ESG Investments
The chair of the House Education and Workforce Committee and two other Republican lawmakers sent a letter Thursday to California's largest public pension fund, demanding information on whether it prioritized "radical left-wing causes" over protecting retirement savers.
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February 12, 2026
Mass. US Atty Calls ICE Criticism 'Hyperbole,' Praises Agents
Massachusetts U.S. Attorney Leah B. Foley said Thursday that criticism of U.S. Immigration and Customs Enforcement by state and local officials and a lack of cooperation with federal agents is to blame for "chaos in the streets," as she forcefully defended the Trump administration's policies.
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February 12, 2026
Coal Exec Used 'Mr. Yen' To Talk Kickbacks, FBI Testifies
A former Corsa Coal Corp. executive exchanged messages with a sales agent in Egypt that appeared to reference splits of sales commissions among officials at the Al Nasr Co. for Coal and Coke, and used coded phrases like "meet Mr. Yen" to discuss sending money as kickbacks, an FBI agent told a Pittsburgh federal jury Thursday.
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February 12, 2026
DC Circ. Is Asked To Vet New DOT Immigrant Truck Driver Rule
Drivers and labor unions on Thursday petitioned the D.C. Circuit to review the U.S. Department of Transportation's new final rule tightening states' screening procedures and eligibility criteria for nondomiciled commercial driver's licenses issued to immigrants.
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February 12, 2026
Calif. Insurance Chief Backs Smoke Standards Bill
California Insurance Commissioner Ricardo Lara announced his support Wednesday for a bill that would establish the nation's first public health and insurance claims standard for homes damaged by smoke contamination.
Expert Analysis
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What Businesses Offering AI Should Expect From The FTC
The Federal Trade Commission's move to reopen and set aside an administrative order against Rytr shows that the FTC is serious about executing on the administration's Artificial Intelligence Action Plan, and won't stand in the way of businesses offering AI products with pro-consumer, legitimate uses, say attorneys at Reed Smith.
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Lessons From EdTech Provider's Data Breach Settlements
Education technology company Illuminate Education's recent settlements with three states and the Federal Trade Commission over state privacy law claims following a student data breach are some of the first of their kind, suggesting a shift in enforcement focus to how companies handle student data and highlighting the potential for coordinated enforcement actions, say attorneys at Wilson Sonsini.
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Crypto-Asset Strategy For Corporate Legal Leaders In 2026
As digital assets experience increased regulatory clarity, institutional adoption and technological maturity, in-house legal leaders must build strong policies this year and stay engaged with the evolving market to help their companies seize the opportunities of the digital asset era while managing the risks, say attorneys at Foley & Lardner.
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What Fla. Trends Reveal About AI In Real Estate Development
Property developers can begin to understand how artificial intelligence tools are changing the real estate industry by studying Florida, where developers are using AI to speed vital processes, and AI disclosure and ethics requirements are proliferating, says Ben Mitchel at Shubin Law.
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What US Cos. Must Know To Comply With Italy's AI Law
Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.
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Navigating Battery Validation Risk In The EV Supply Chain
Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.
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Cybersecurity Must Remain Financial Sector's Focus In 2026
In 2026, financial institutions face a wave of more prescriptive cybersecurity legal requirements demanding clearer governance, faster incident reporting, and stronger oversight of third-party and AI-driven risks, making it crucial to understand these issues before they materialize into crises, say attorneys at Sidley.
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Presidential Pardon Brokering Can Create Risks For Attys
The emergence of an apparent “pardon shopping” marketplace, in which attorneys treat presidential pardons as a market product, may invite investigative scrutiny of counsel and potential criminal charges grounded in bribery, wire fraud and other statutes, says David Klasing at The Tax Law Offices of David W. Klasing.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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5 Compliance Takeaways From FINRA's Oversight Report
The priorities outlined in the Financial Industry Regulatory Authority's recently released annual oversight report focus on the organization's core mission of protecting investors, with AI being the sole new topic area, but financial firms can expect further reforms aimed at efficiency and modernization, say attorneys at Armstrong Teasdale.
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How SEC Civil Penalties Became Arbitrary: 3 Potential Fixes
Data shows that the U.S. Securities and Exchange Commission's seemingly unlimited authority to levy monetary penalties on market participants has diverged far from the federal securities laws' limitations, but three reforms can help reverse the trend, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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How Payments Law Landscape Will Evolve In 2026
After a year of change across the payments landscape, financial services providers should expect more innovation and the pushing of regulatory boundaries, but should stay mindful that state regulators and litigation will continue to challenge the status quo, say attorneys at Troutman.
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Opinion
It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs
The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.