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Compliance
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February 06, 2026
News-Rating Biz Escalates Fight Against 'Retaliatory' FTC Deal
News-rating organization NewsGuard took aim Friday at a Federal Trade Commission settlement barring merging ad-buying giants from doing business with it, challenging that deal and an FTC subpoena in a D.C. federal court lawsuit alleging that both are "part of a broader retaliatory campaign" against NewsGuard and other sites.
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February 06, 2026
'Very Bizarre': Trump's Funding Freeze Appeal Vexes DC Circ.
D.C. Circuit judges struggled Friday with whether to unblock a federal funding freeze carrying multitrillion-dollar implications, as a Trump administration lawyer disclaimed interest in a vast spending halt but also dodged opportunities to rule it out unequivocally.
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February 06, 2026
Real Estate Recap: Data Center Moratoriums, Fraud Detection
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the states that may pump the brakes on data center construction and what private real estate lenders should know about fraud risk.
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February 06, 2026
STB Pledges 'Rigorous Review' Of UP, Norfolk Southern Deal
The Surface Transportation Board has reassured lawmakers that it will "conduct a rigorous and comprehensive review" of Union Pacific's proposed $85 billion merger with Norfolk Southern, as the board weighs a flurry of comments from industry stakeholders on the deal's sweeping implications for the U.S. economy.
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February 06, 2026
Kalshi Says CFTC Backs Sports Bets Without Tribal Regs
Prediction market platform Kalshi has told a Wisconsin federal court that the U.S. Commodity Futures Trading Commission's chair has thrown his support behind the agency's view that it has exclusive jurisdiction over the event contracts at issue in a Native American tribe's case against the company.
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February 06, 2026
Employment Authority: Risk Still Dogs RIFs After EEOC Shift
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how the U.S. Equal Employment Opportunity Commission's about-face on a popular liability theory doesn't erase risk for companies conducting reductions in force, how the Federal Mediation and Conciliation Service is faring these days and what the National Mediation Board exercising jurisdiction over SpaceX means for the company.
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February 06, 2026
Top Groups Lobbying The FCC
Groups lobbying the Federal Communications Commission started the year off with concerns ranging from environmental reviews for broadband projects to submarine cable licensing headaches, controversy over EchoStar's spectrum deals with AT&T and SpaceX, and more.
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February 06, 2026
Bojangles Let Russian Hackers Steal Worker Data, Suit Says
Fried chicken fast food chain Bojangles allegedly let Russian hackers infiltrate its computer system and steal hundreds of thousands of files on its employees, resulting in the exposure of their sensitive personal information on the dark web, according to a new complaint in North Carolina's business court.
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February 06, 2026
NY Judge Allows Funding For $16B Tunnel To Continue
A Manhattan federal judge on Friday blocked the Trump administration from halting funding for a tunnel connecting New York and New Jersey, after the states called the move an unlawful attempt to "punish political rivals" over immigration policy disagreements.
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February 06, 2026
CFTC Updates Crypto Collateral Letter For Bank Stablecoins
The U.S. Commodity Futures Trading Commission on Friday tweaked an earlier no-action letter on the use of tokenized collateral to clarify that stablecoins issued by national trust banks are among the list of approved digital assets.
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February 06, 2026
Feds Want 2020 Ballot Case Paused, Citing Fulton FBI Raid
The federal government on Friday asked a judge to stay its suit attempting to force the clerk of courts in Fulton County, Georgia, to hand over 2020 presidential election ballots, citing a recent FBI raid that removed those records from the clerk's possession.
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February 06, 2026
TPG Hid Exactech Defects To Dodge Liability, Trust Alleges
The settlement trust of joint implant maker Exactech filed a billion-dollar lawsuit in Delaware Chancery Court against TPG Inc., accusing the private equity firm of controlling Exactech after buying it in 2018, concealing the implants' defects, delaying product recalls and pushing the company into Chapter 11 to avoid liability.
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February 06, 2026
Judge Rejects Compass' Bid To Block Zillow Listing Rules
A New York federal court on Friday refused to bar Zillow from enforcing its updated listing policy while Compass brings its antitrust case alleging the rules are meant to block competition, after finding the brokerage has not shown its case is likely to succeed.
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February 06, 2026
SEC Alleges Pharma Co. Misled Investors About Cancer Drug
The U.S. Securities and Exchange Commission is suing a Kentucky pharmaceutical company for securities fraud based on claims that the company raised $4.1 million by lying to investors about the status of its cancer treatment drug.
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February 06, 2026
Anuvu Can't Get More Money For C-Band Move, Judge Rules
An in-house judge at the Federal Communications Commission on Friday rejected Anuvu's push for nearly $1 million more than the agency approved for the company's agreement to vacate lower C-band spectrum years ago to make way for other users.
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February 06, 2026
Kalshi Given 30 Days To End New Sports Wagers In Mass.
A Massachusetts state court on Friday gave Kalshi 30 days to comply with a preliminary injunction barring the prediction market from offering new sports-related event contracts to state residents, denying a request for a stay pending an anticipated appeal.
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February 06, 2026
Prediction Markets Expand Wall St. Cops' Insider Trading Beat
As traders flock to platforms that allow them to speculate on everything from Super Bowl ad placements to political shakeups, regulators and law enforcement face increasing pressure to crack down on newly expanded opportunities for insider trading.
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February 06, 2026
Shake Shack Governance Suit Headed For Dismissal In Del.
A stockholder lawsuit challenging Shake Shack Inc.'s corporate governance arrangements is set to be dismissed after the parties jointly asked the Delaware Court of Chancery to end the case, cutting off the named plaintiff's claims while preserving the ability of other stockholders to bring similar suits later.
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February 06, 2026
Antitrust Classes Certified Over Altria's Juul Investment
A California federal court has certified several classes of Juul buyers in litigation over tobacco giant Altria's past investment in the e-cigarette company, despite concerns about the damages phase of the case becoming a "Frankenstein's monster."
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February 06, 2026
4th Circ. Says Trump Anti-DEI Orders Are Constitutional
The Fourth Circuit on Friday lifted a block on President Donald Trump's executive orders that terminated federal diversity, equity and inclusion programs and aimed to encourage government contractors to do the same, saying it's not the court's role to determine if the directives are "sound policy."
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February 06, 2026
Second Judge Says IRS Can't Share Address Data With ICE
Another federal court has blocked a taxpayer address-sharing agreement between the IRS and U.S. Immigration and Customs Enforcement, finding they failed to follow a federal tax statute that allows limited information sharing for criminal investigations.
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February 06, 2026
2nd Circ. Revives Panama Man's Bid To Reopen Removal Case
A Second Circuit panel has ordered the Board of Immigration Appeals to rethink its denial of a deported Panamanian man's attempt to reopen his removal proceedings after New York further decriminalized marijuana possession and vacated convictions he was deported for.
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February 06, 2026
NC Restaurants Say They Didn't 'Keep' Tips In DOL Wage Suit
Two North Carolina restaurants urged a federal court Friday to narrow a U.S. Department of Labor lawsuit alleging they unlawfully kept and pooled tips from front-of-house workers and allocated the funds to tip-ineligible back-of-house employees, arguing they did not "keep" the tips by distributing them to nontipped workers.
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February 06, 2026
Cable Landing Co. Cuts $40K Deal To End FCC License Probe
An undersea cable landing site operator has agreed to pay $40,000 to settle a Federal Communications Commission probe for failing to give proper notice before transferring control of its cable landing license.
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February 06, 2026
EPA's Air Review Rule Backed By Industry Groups
Industry groups have backed the U.S. Environmental Protection Agency's formula for triggering air pollution review at industrial facilities, telling the D.C. Circuit that environmental groups challenging the agency are attempting to expand the scope of Clean Air Act permitting beyond what Congress intended.
Expert Analysis
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Ramped Up Psychedelic Production Carries Opportunity, Risk
Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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New Biotech Nat'l Security Controls May Have Blunted Impact
While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Takeaways From The DOJ Fraud Section's 2025 Year In Review
Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.
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New State Regs On PFAS In Products Complicate Compliance
The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.
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What An Uptick In Shareholder Activism Means For Banking
With increasing bank M&A activity, activists are becoming more focused on larger banking institutions, but there are ways banks can begin to prepare in case they need to defend against activist campaigns, say attorneys at Debevoise.
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Anticipating The SEC's Cybersecurity Focus After SolarWinds
While the U.S. Securities and Exchange Commission's recent voluntary dismissal of its enforcement action against SolarWinds Corp. and its chief information security officer marks a significant victory for the defendants, it does not mean the SEC is done bringing cybersecurity cases, say attorneys at MoFo.
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Bid Protest Data Contradicts Claims That System Is Inefficient
Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.
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Opinion
Congress Should Lead On AI Policy, Not The States
There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.
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Breaking Down Expense Allocation In Mixed-Use Properties
Rapid increases in condominium fees and special assessments, driven by multiple factors such as rising insurance costs and expanded safety requirements, are contributing to increased litigation, so equitable expense allocation in mixed-use properties requires adherence to the governing documents, says Mike Walden at FTI Consulting.
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4 Lessons From FTC's Successful Bid To Block Edwards Deal
The Federal Trade Commission's recent victory in blocking Edwards Lifesciences' acquisition of JenaValve offers key insights for deals in life sciences and beyond, including considerations around nonprice dimensions and clear skies provisions, say attorneys at Orrick.
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Limiting Worker Surveillance Risks Amid AI Regulatory Shifts
With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt state-level artificial intelligence enforcement, companies may feel encouraged to expand AI monitoring, but the legal exposure associated with these tools remains, say attorneys at MoFo.
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Can OCC State Banking Law Preemption Survive The Courts?
While two December proposals from the Office of the Comptroller of the Currency seek to foreclose pending consumer litigation against national banks related to residential mortgage lending, it's unclear whether this aggressive approach will withstand judicial scrutiny under the U.S. Supreme Court's 2024 rulings in Cantero and Loper Bright, say attorneys at Davis Wright.
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How Selig May Approach CFTC Agricultural Enforcement
As the U.S. Commodity Futures Trading Commission begins a new chapter under recently confirmed Chairman Michael Selig's leadership, a look back at the agency's actions in agricultural markets over the past six years sheds light on what may lie ahead for enforcement in the area, say attorneys at Latham.