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Native American
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February 11, 2026
Contracts On Aliens, Hugs Aren't Gambling, Kalshi Tells Judge
The distinction between a futures contract and a wager could play a role in deciding whether Kalshi can offer certain sports-related transactions in Connecticut, a federal judge hinted Wednesday while hypothesizing about the legality of contracts on events like first contact with extraterrestrial life and world leaders greeting each other with a warm embrace.
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February 11, 2026
Calif. Will Allow Property Tax Break For Some Tribal Land
Native American tribes in California can claim a property tax exemption for land conservation efforts under a bill signed by Democratic Gov. Gavin Newsom.
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February 11, 2026
Michigan Tribe Asks Court To Revisit $1.5M Legal Fee Denial
A Michigan tribe is asking a D.C. district court to reconsider the denial of $1.5 million in legal fees the tribe had sought to recoup from the U.S. Department of the Interior in a federal recognition status dispute that eventually led to the agency's revamping of a rule allowing tribes to petition for recognition again.
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February 11, 2026
Creek Nation Fights City's Bid To Pause Jurisdictional Suit
The Muscogee (Creek) Nation has pushed back against an Oklahoma municipality's bid to stay a jurisdiction dispute in federal district court while a similar challenge plays out in the Tenth Circuit, saying that the two cases aren't covering the same ground.
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February 10, 2026
IHS To Phase Out Mercury Dental Fillings By 2027
The Indian Health Service has announced it will phase out the use of dental fillings containing mercury at its facilities over the next year.
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February 10, 2026
Wash. Judge Won't Block Racial Equity Housing Program
A nonprofit aimed at "overcoming identity politics" cannot preliminarily block a Washington state housing program designed to reduce racial disparities in homeownership, a Seattle federal judge ruled, saying the group has not shown it is likely to succeed on its claim that the program is unconstitutional.
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February 10, 2026
Social Media Cos. Must Face School In 1st Addiction MDL Trial
A California federal judge denied social media companies' bid for a summary judgment win on a bellwether school district's allegations it was forced to spend its limited resources on combating students' purported social media addictions, teeing up the first bellwether trial in the multidistrict litigation for June 15.
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February 10, 2026
District's Title VI Claims 'Futile' In NY Mascot Fight, Court Told
New York's Board of Regents is fighting a request by a Long Island school district to alter a judgment that dismissed its challenge to the state's ban on the use of Indigenous imagery in public schools, arguing that it has shown no new evidence that would change the dispute's outcome.
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February 10, 2026
Congressman Calls For Ban On Unsanctioned Native Symbols
New Jersey Democratic U.S. Rep. Frank Pallone Jr. has introduced a resolution that would ban the use of unsanctioned Indigenous imagery in public schools, saying it is a pushback on the Trump administration's recent efforts to stop state and local officials from retiring the harmful symbols.
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February 10, 2026
Calif. Judge Blocks State's Push To Unmask Federal Agents
A California federal judge granted the Trump administration's push to block part of a new Golden State law requiring federal agents to stop hiding their faces behind masks, but said another law requiring them to display identification can take effect.
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February 09, 2026
9th Circ. Judge Casts Doubt On Feds' Grant Condition Stance
A Ninth Circuit judge expressed skepticism Monday as the Trump administration argued it could legally impose new rules barring federal grant recipients from using the money for diversity programming, suggesting that the government had misread Title VI of the Civil Rights Act of 1964.
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February 09, 2026
Data Center Builders, Power Suppliers Duel For Project Needs
The ballooning appetite for data centers and the electricity needed to power them is pitting developers against each other for construction equipment and a workforce, creating a cycle that may ultimately be a drag on development.
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February 09, 2026
Tribal Nation Aims To Appeal Cannabis Raid Claim Dismissals
The Round Valley Indian Tribes and three individual members are asking a California federal court to render final judgment on two dismissed claims in its suit alleging authorities illegally raided members' properties over cannabis, so the dismissals can be appealed to the Ninth Circuit.
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February 09, 2026
Tribal Corp. Says Colorado Consultant Misused Trade Secrets
An Alaskan tribal corporation is suing a Colorado consultant and her firm, alleging that she used its trade secret information to attempt to lure government contracting clients away by publicly advertising the data and claiming it as her own.
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February 09, 2026
USTelecom Asks FCC To Protect 911 Amid Copper Rollback
Broadband trade group USTelecom is throwing its weight behind a petition that says the Federal Communications Commission must put protections in place to ensure that 911 services aren't disrupted as telecoms rush to retire copper phone lines.
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February 09, 2026
North Dakota, DOJ Near Settlement In Dakota Access Appeal
The United States and North Dakota have reached a settlement in a $28 million dispute over protesters' efforts to stop the construction of the Dakota Access Pipeline in which the state alleged that the Army Corps and federal officials failed to manage the massive crowds.
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February 09, 2026
EEOC, Law Students End Legal Battle Over Firm DEI Letters
A proposed class action brought by law students last year challenging the U.S. Equal Employment Opportunity Commission's requests for diversity data from 20 law firms ended Monday with the government agreeing compliance "was not mandatory, and that most law firms did not provide any of the requested information."
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February 09, 2026
US Backs Bid To Halt Line 5 Shutdown On Wis. Tribal Lands
The government is backing a bid by Enbridge Energy Inc. to stay an order requiring the partial removal of its Line 5 pipeline that runs through Wisconsin tribal lands, saying that while it has an interest in protecting federal trust lands, the case implicates significant interests in foreign affairs.
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February 06, 2026
WithU, Scratchpay Sued Over Alleged 568% Loan Interest Rate
Online direct lender WithU and California fintech platform Scratchpay were hit with a proposed class action in Washington federal court on Friday by a consumer who claims he was cornered into borrowing a loan with a nearly 568% interest rate to pay for his cat's cancer treatment.
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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
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
BIA Officer Faces Wrongful Death Suit Over Tribal Shooting
The Bureau of Indian Affairs and one of its police officers have been hit with a wrongful death lawsuit in North Dakota federal court claiming the BIA officer shot and killed a resident of the Turtle Mountain Band of Chippewa within the tribe's reservation.
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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 05, 2026
8th Circ. Says Farmer Must Face Water Dispute In Tribal Court
The Eight Circuit ruled that a Minnesota farmer can't block White Earth Tribal Court proceedings in federal court while his river water permitting case is still being litigated in the tribe's court system.
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February 05, 2026
Meta Must Redo User Engagement Data In Mental Health MDL
A California federal judge overseeing discovery in litigation against social media giants over their effect on youth mental health ordered Meta to provide plaintiffs with updated data on the amount of time users spend on Instagram and Facebook, after state attorneys general argued Meta had skewed the times downward.
Expert Analysis
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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What's On Deck In Tribal Nations' Prediction Markets Litigation
Native American tribes' response to the expansion of sports-based prediction markets enters a decisive phase this year, with appellate courts positioned to address whether federal commodities law permits nationwide offering of sports-based event contracts free from state and tribal gaming regulation, say attorneys at Holland & Knight.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Montana Ruling Reaffirms Record-Based Enviro Analyses
A Montana federal court's recent decision in Center for Biological Diversity v. U.S. Forest Service, vacating permits for logging near Yellowstone National Park, is a reminder that, despite attempts to pare back National Environmental Policy Act reviews, agencies must still properly complete such reviews before projects are approved, say attorneys at ArentFox Schiff.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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5 Tariff And Trade Developments To Watch In 2026
A new trade landscape emerged in 2025, the contours of which will be further defined by developments that will merit close attention this year, including a key ruling from the U.S. Supreme Court and a review of the U.S.-Mexico-Canada Agreement, says Ted Posner at Baker Botts.
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What 2025 Enforcement Actions Show About FERC's Priorities
A review of the Federal Energy Regulatory Commission's 2025 enforcement record suggests that this year, the commission will persist in holding market participants to their commitments, and continue active market surveillance and close cooperation with market monitors, says Ruta Skucas at Crowell & Moring.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.