A Fifth Circuit panel upheld on Monday a Louisiana law that allows the state to stop prescription drug manufacturers from blocking safety-net healthcare providers from contracting with outside pharmacies to dispense discounted medicines under the federal 340B Discount Drug program. 
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TUESDAY, FEBRUARY 10, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

5th Circ. Tosses Challenge To La. 340B Discount Drug Rule

By Mark Payne

A Fifth Circuit panel upheld on Monday a Louisiana law that allows the state to stop prescription drug manufacturers from blocking safety-net healthcare providers from contracting with outside pharmacies to dispense discounted medicines under the federal 340B Discount Drug program. 

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8th Circ. Lets Stand Minn. Law Banning Election Deepfakes

By Ivan Moreno

The Eighth Circuit on Monday declined to block Minnesota's law criminalizing deepfakes that are designed to influence elections, holding in a published opinion that a state legislator waited too long to seek emergency relief and that a political commentator who also challenged the statute did not have standing.

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Split 8th Circ. Says Drug User Gun Conviction Lacks Detail

By Parker Quinlan

A partially split Eighth Circuit panel has vacated a portion of a man's firearm possession conviction, finding that a trial court must make a determination about whether the man poses a threat to the general public because of his drug use.

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Judge Presses Gov't On Objections To Alien Enemies Act Relief

By Britain Eakin

A D.C. federal judge grappled Monday with what relief he can grant to Venezuelans the Trump administration deported under the 1798 Alien Enemies Act, including whether the government must return the men, provide remote hearings or let them contest their alleged gang membership.

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9th Circ. Judge Casts Doubt On Feds' Grant Condition Stance

By Rachel Riley

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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Goldstein's Defense Questions Missing Tax Emails

By Jared Foretek

Document retention at the outside accounting firm for SCOTUSblog founder Thomas Goldstein and his law firm took center stage at the U.S. Supreme Court lawyers' tax fraud trial Monday, as the defense claimed that the accountants' internal emails about Goldstein's tax returns were never produced despite being sought in subpoenas.

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Ill. Legislation Targets Outside Investments In Legal Sector

By Emma Cueto

Two bills introduced in the Illinois state Legislature seek to place restrictions on the use of private equity-backed managed service organizations in the legal industry and on any fee-sharing between Illinois lawyers and firms owned by nonlawyers in states like Arizona.

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BANKING & SECURITIES

Fifth Third Aided Ex-Mayor's $1.8M Theft, Ill. Village Claims

By Lauraann Wood

Fifth Third Bank knew a former mayor of a Chicago suburb was misappropriating municipal funds but "deliberately refrained" from investigating the misconduct and ultimately helped her misappropriate $1.89 million, according to a lawsuit filed Friday in state court.

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ENERGY & ENVIRONMENTAL

Texas AG Slams Animal Processing Plant's 'Death' Smell

By Spencer Brewer

An animal byproducts processing plant in Bastrop, Texas, illegally spewed chemicals and foul odors that smelled like "death" into surrounding communities, Texas Attorney General Ken Paxton alleged Monday in an enforcement action. 

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HEALTH & LIFE SCIENCES

Anti-Abortion Groups Say Mich. Law Impedes 1st Amendment

By Melanie Dorsey

Two Michigan-based anti-abortion organizations are suing several officials, alleging recent amendments to Michigan's civil rights law will force them to hire employees and volunteers who do not share or may openly oppose their religious beliefs and stance on abortion.

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IP & TECHNOLOGY

Judge OKs Sanctions In Valve Fight, Warns More May Come

By Elliot Weld

A Seattle federal judge on Monday granted video game maker Valve Corp.'s request to sanction a rival litigant over discovery violations just ahead of a trial on the company's allegations of bad faith patent infringement claims, and threatened to issue more over a legal brief that contained fake quotes and fabricated citations generated by artificial intelligence.

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Videographer Fights 4th Circ.'s Choice To Shipwreck IP Suit

By Abigail Harrison

A videographer and his production company urged the full Fourth Circuit to let him revive his copyright infringement lawsuit over footage of Blackbeard's shipwreck, arguing Monday that a panel's recent opinion to end the case laid new and overly broad pathways for pendent jurisdiction. 

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Brief

USPTO Targets Double-Dipping In Anon. Ex Parte Challenges

By Dani Kass

The U.S. Patent and Trademark Office is now requiring those who anonymously petition it to reexamine a patent's validity to certify that they haven't already challenged it at the Patent Trial and Appeal Board.

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TRANSPORTATION & INFRASTRUCTURE

Feds Get Gateway Tunnel Funding Freeze During Appeal

By Carla Baranauckas

A Manhattan federal judge on Monday froze her Friday order requiring the U.S. Department of Transportation to resume paying for the $16 billion Gateway Tunnel, as the agency seeks emergency relief from the Second Circuit.

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Luxury Terminal Developer Protests Dulles Contract Decisions

By Tom Lotshaw

A California company aiming to develop a private luxury terminal for Washington Dulles International Airport asked a D.C. federal judge to block the Metropolitan Washington Airports Authority from moving ahead with a "thinly veiled" attempt to steer the deal to another company.

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Feds, MTA Spar Over Due Process In Congestion Pricing Fight

By Linda Chiem

New York agencies have told a Manhattan federal judge that the U.S. Department of Transportation violated their due process rights when it purportedly terminated a federal agreement that gave congestion pricing the green light, while the federal government maintained that the district court lacks jurisdiction over this dispute.

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REAL ESTATE

Mass. Justices Urged To Keep Rent Control Initiative Off Ballot

By Carolyn Muyskens

Opponents of a proposed Massachusetts ballot measure to limit rent increases asked the state's top court to defeat the initiative before it reaches voters.

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Pullman & Comley Says Lender Can't Sue Over $16.2M Deal

By Aaron Keller

Pullman & Comley LLC on Monday said a Connecticut judge lacks jurisdiction to hear legal malpractice and related claims from a lender that loaned $16.2 million to the corporate arm of a municipal housing authority, arguing the housing entity, not the lender, was its only client.

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EMPLOYMENT & BENEFITS

EEOC, Law Students End Legal Battle Over Firm DEI Letters

By Lynn LaRowe

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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Unions Seek To Revive Challenge To Feds' Resignation Offer

By Braden Campbell

A labor coalition urged the First Circuit to revive a challenge to the Trump administration's resignation offer to federal employees last year, defending its right to sue and disputing that two niche agencies should get the first crack at its claims.

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CYBERSECURITY & PRIVACY

'Baby Shark' Ruling Doesn't Stop Google Anti-Phishing Fight

By Pete Brush

A Manhattan federal judge granted injunctive relief Monday to Google in its effort to combat an alleged China-based phishing enterprise, holding that faraway defendants were properly served electronically despite an appellate ruling mandating mail service in a "Baby Shark" infringement case.

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PERSONAL INJURY & MEDICAL MALPRACTICE

Brief

Mass. Police Academy Staff Charged In Recruit's Death

By Carolyn Muyskens

Four Massachusetts State Police training academy employees were charged Monday in connection with the death of a police recruit, following an independent investigation by a Todd & Weld LLP partner.

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AEROSPACE & DEFENSE

Demobilization Moots Ill.'s National Guard Suit, Trump Says

By Celeste Bott

The Trump administration has urged a federal judge to permanently toss Illinois' lawsuit looking to halt any National Guard deployment to the state, arguing the case is moot now that all the troops have been demobilized or withdrawn and the U.S. Supreme Court has ruled the president can't federalize the guard to aid in immigration enforcement.

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Guam Can't Appeal Military Leave Suit Loss At 9th Circ.

By Benjamin Morse

A retirement fund for Guam government employees did not meet the standard for an immediate appeal of a ruling that its leave-sharing program violates federal military service protections, a federal judge ruled Monday, denying the territory's and fund's Ninth Circuit bid.

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INTERNATIONAL TRADE

Trump Names 2 Picks For ITC Commissioner Spots

By Ryan Davis

President Donald Trump has nominated a counsel for the U.S. House of Representatives' intellectual property subcommittee and an assistant U.S. trade representative to be members of the U.S. International Trade Commission.

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US Sets 19% Tariff On Bangladeshi Imports In Framework Deal

By Dylan Moroses

Certain imported goods from Bangladesh will enter the U.S. exempt from the 19% U.S. tariff applied to most merchandise from the country, according to a fact sheet published Monday along with the signing of the framework trade agreement between the two countries.

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TAX

Neb. Lawmakers OK Rule Changes For Property Tax Hearings

By Zak Kostro

Nebraska would change who is required to attend public hearings on proposed property tax increases under a bill unanimously approved by state lawmakers and presented to the governor.

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IMMIGRATION

Immigration Judge Ends Tufts Student's Removal Proceeding

By Chris Villani

Tufts University graduate student Rümeysa Öztürk is no longer subject to removal proceedings, after an immigration judge ruled that the U.S. Department of Homeland Security had not shown that she should be deported, her lawyers said Monday.

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Texas, Mo. Ask Court To Keep 'Remain In Mexico' Suit Intact

By Spencer Brewer

Texas and Missouri claimed they have standing to challenge a Biden-era decision to do away with the "Remain in Mexico" policy, telling a Texas federal judge Friday that vacatur of the last administration's decision is appropriate even though the Trump administration reinstated the policy.

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States Seek Quick Win On $100K H-1B Fee 'Power-Grab'

By MJ Koo

A group of 20 states asked a Massachusetts federal judge for a win in their challenge to the Trump administration's policy imposing a $100,000 fee on certain H-1B visa petitions, arguing the measure unlawfully rewrites Congress' carefully calibrated immigration scheme and exceeds executive authority.

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WHITE COLLAR

Renewable Fuel Co. Owner Cops To $6M Tax Credit Scheme

By Anna Scott Farrell

The owner of a renewable fuel company copped to a scheme that sought more than $6 million in fraudulent tax credits related to how much biodiesel the company claimed to produce, according to Florida federal court documents.

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Ex-NC City Council Member Enters Plea Deal For COVID Fraud

By Hayley Fowler

A former Charlotte, North Carolina, councilwoman pled guilty Monday in federal court to one count of wire fraud conspiracy as part of an alleged scheme with her daughters to file sham small-business loan applications for COVID-19 relief funds during the pandemic.

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NATIVE AMERICAN

US Backs Bid To Halt Line 5 Shutdown On Wis. Tribal Lands

By Crystal Owens

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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North Dakota, DOJ Near Settlement In Dakota Access Appeal

By Crystal Owens

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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Tribal Nation Aims To Appeal Cannabis Raid Claim Dismissals

By Mike Curley

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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TELECOMMUNICATIONS

NTIA Approves Nearly All State Broadband Funding Plans

By Christopher Cole

The U.S. Department of Commerce has signed off on almost all the recent state-level plans under the government's signature high-speed infrastructure spending initiative, moving projects across the country closer to fruition, a top official said Monday.

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FCC Said To Formally Launch Equal Time Probe At 'The View'

By Christopher Cole

The Federal Communications Commission has reportedly started a formal investigation into whether ABC's "The View" fails to qualify for a "bona fide" news carveout that would exempt the show from political equal time rules.

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USTelecom Asks FCC To Protect 911 Amid Copper Rollback

By Nadia Dreid

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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Prison Phone Co. Opposes Rate Case Move To 1st Circ.

By Christopher Cole

A prison phone service provider has urged the D.C. Circuit to deny a recent bid from public interest groups to move multidistrict litigation over federally set phone call rates in jails and prisons to the First Circuit.

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CANNABIS

Long Island Towns Challenge State Over Cannabis Preemption

By Sam Reisman

A trio of Long Island towns are pushing back against New York regulators' assertion that the state's cannabis law preempts localities from enforcing certain local policies governing where marijuana stores can be located.

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PEOPLE

Ex-Judge Says 'Post-Arrest' Details Don't Justify His DUI Stop

By Ben Adlin

A former Washington state judge who claims a wrongful DUI arrest contributed to his reelection loss is fighting to keep his lawsuit against Grays Harbor County alive, arguing that the county's justification for the arrest incorrectly relies on details from after he was taken into custody.

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EXPERT ANALYSIS

The Little Tucker Act's Big Class Action Moment

The Little Tucker Act, which allows claims against the government for illegally exacted fees, is transforming from a niche procedural mechanism into a powerful vehicle for class action litigation, with more than $500 billion in such fees — including President Donald Trump's tariffs — now ripe for challenge, says Dinis Cheian at Susman Godfrey.

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Courts' Rare Quash Of DOJ Subpoenas Has Lessons For Cos.

In a rare move, three federal courts recently quashed or partially quashed expansive U.S. Department of Justice administrative subpoenas issued to providers of gender-affirming care, demonstrating that courts will scrutinize purpose, cabin statutory authority and acknowledge the profound privacy burdens of overbroad government demands for sensitive records, say attorneys at ArentFox Schiff.

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What Clarity Act Delay Reveals About US Crypto Regulation

The Senate Banking Committee's decision to delay markup of the Clarity Act, which would establish a comprehensive federal framework for digital assets, illuminates the political and structural obstacles that shape U.S. crypto regulation, despite years of bipartisan calls for regulatory clarity, says David Zaslowsky at Baker McKenzie.

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As Federal Enviro Justice Policy Goes Dormant, All Is Not Lost

Environmental justice is enduring a federal dormancy brought on by executive branch reversals and agency directives over the past year that have swept long-standing federal frameworks from the formal policy ledger, but the legal underpinnings of EJ have not vanished and remain important, say attorneys at King & Spalding.

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LEGAL INDUSTRY

Conn. Atty Sanctioned For Another Case Of AI Misuse

By Emily Sawicki

A Connecticut labor litigator's vow to permanently cease using generative artificial intelligence tools in his practice after he allowed AI-generated errors to appear in separate but similar June filings has weighed in his favor as a Bridgeport federal judge ordered sanctions against the attorney.

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High Court Asked To Take Up Malpractice Case Against Akin

By Adam Lidgett

A former Cornell University graduate student wants the U.S. Supreme Court to review the dismissal of his suit accusing Akin Gump Strauss Hauer & Feld LLP attorneys of manipulating patent litigation to steal his DNA sequencing intellectual property.

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Sentencing Commission's Reform Ideas May Cut Prison Time

By Stewart Bishop

Proposed new amendments to the federal sentencing guidelines could lead to shorter prison terms for many offenders, including by revising loss calculations for financial crimes and providing a first-of-its-kind path to reward defendants for post-offense, pre-sentence rehabilitative efforts.

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10th Circ. Ends Civil Rights Suit, Sanctions Atty For AI Errors

By Emily Sawicki

A self-represented Maryland attorney could not revive her $15 million racial discrimination suit against Denver-based Frontier Airlines after a Tenth Circuit panel found the district court had not erred in its dismissal, in a ruling that also sanctioned the lawyer for misusing generative artificial intelligence.

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Catching Up With Delaware's Chancery Court

By Jeff Montgomery

Delaware's chancellor has rejected a bid for dismissal of a derivative suit accusing Coinbase Global Inc. insiders of massively unloading shares ahead of a steep stock drop, stressing a special litigation committee's failure to meet independence standards.

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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Promo that reads 2025 Practice Groups of the Year

LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Adams & Reese

Akin Gump

ArentFox Schiff

Arnold & Porter

Baker Botts

Baker McKenzie

Bradley Arant

Camacho Calvo

Carlsmith Ball

Certilman Balin

Cheshire Parker

Chris Kise & Associates

City of Chicago Department of Law

Clement & Murphy

Cooley LLP

Cowdery Murphy

DNL Zito

Debevoise & Plimpton

Dickinson Wright

Emery Celli

Fitzpatrick Hunt

Foley & Lardner

Freshfields

Goodman Carr

Goodwin Procter

Greenberg Traurig

Guglielmo Lopez

Hamilton Lincoln

Healy LLC

Hogan Lovells

Hooper Hathaway

Husch Blackwell

Jenner & Block

Jones & Mayer

Kanji & Katzen

Kean Miller

Keker Van Nest & Peters

Kilpatrick Townsend

King & Spalding

Kirkland & Ellis

Kolman Law

Lahammer Law Firm

Latham & Watkins

Law Office of Lester J. Marston

Leach & Walker

Lighthouse Law Group

Lorium Law

MacDonald Hoague

Martin LLP

McDermott Will & Schulte

Milbank LLP

Mintz Levin

Morgan Lewis

Morrison & Foerster

Munger Tolles

Olive & Olive PA

Pacifica Law Group

Perkins Coie

Power Rogers

Powers Pyles

Pullman & Comley

Reed Smith

Reichman Jorgensen

Ropes & Gray

Sidley Austin

Simpson Thacher & Bartlett LLP

Sive Paget

Skadden Arps

Susman Godfrey

Todd & Weld

Vander Stoep

Venable LLP

White & Case

Willinger Willinger

WilmerHale

COMPANIES IN TODAY'S NEWS

AT&T Inc.

AbbVie Inc.

Aerolineas Argentinas SA

Alliance Defending Freedom

American Civil Liberties Union

American Civil Liberties Union of Massachusetts

American Civil Liberties Union of Vermont

American Federation of Government Employees

American Federation of State County & Municipal Employees

Andreessen Horowitz LLC

AstraZeneca PLC

Bolt Financial Inc.

Boston Children's Hospital

Centerbridge Partners LP

Chevron Corp.

Clayton Dubilier & Rice LLC

Coin Center

Coinbase Global Inc.

Cornell University

Covetrus Inc.

Darling Ingredients Inc.

Democracy Forward Foundation

Enbridge Energy Partners LP

Energy Transfer LP

Exactech Inc.

Fifth Third Bancorp

Frontier Airlines Inc.

Gelman, Rosenberg & Freedman

Google LLC

Illumina Inc.

Intrado Inc.

Johnson & Johnson

LVMH Moet Hennessy

Learning Resources Inc.

LinkedIn Corp.

MeridianLink Inc.

Metropolitan Transportation Authority

National Association of Government Employees

National Veterans Legal Services Program

Nordstrom Inc.

Northern Mariana Islands Retirement Fund

Ohio State University

OpenAI OpCo LLC

Owens Corning Corp.

Patent Asset Management

Pharmaceutical Research & Manufacturers of America

Proof

Sanofi

Shake Shack

Space Exploration Technologies Corp.

The AES Corp.

The American Law Institute

The Children's Hospital of Philadelphia

Twitter Inc.

U.S. Naval War College

United States Telecom Association

Valve Corp.

Virgin Galactic Holdings Inc.

X Corp.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bad River Band of Lake Superior Chippewa Tribe

Bureau of Labor Statistics

California Attorney General's Office

California State Transportation Agency

Commodity Futures Trading Commission

Commonwealth of Massachusetts

Cook County Circuit Court

Delaware Court of Chancery

Equal Employment Opportunity Commission

Executive Office of the President

Federal Communications Commission

Federal Highway Administration

Federal Labor Relations Authority

Federal Reserve System

Guam Attorney General's Office

Illinois Attorney General's Office

Internal Revenue Service

International Trade Commission

Louisiana Attorney General's Office

Massachusetts Supreme Judicial Court

Metropolitan Washington Airports Authority

Minnesota Attorney General's Office

Missouri Attorney General's Office

National Telecommunications and Information Administration

New Jersey Attorney General's Office

New York Attorney General's Office

New York Supreme Court, New York County

North Carolina Department of Justice

Office of the U.S. Trade Representative

Patent Trial and Appeal Board

Round Valley Indian Tribes

Standing Rock Sioux Tribe

State of Michigan

Texas Attorney General's Office

Texas Commission on Environmental Quality

U.S. Air Force

U.S. Army

U.S. Army Corps of Engineers

U.S. Attorney's Office

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the District of Vermont

U.S. Attorney's Office for the Northern District of Iowa

U.S. Attorney's Office for the Southern District of Florida

U.S. Attorney's Office for the Southern District of New York

U.S. Attorney's Office for the Western District of North Carolina

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Commerce

U.S. Department of Homeland Security

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. Department of State

U.S. Department of Transportation

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Guam

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Iowa

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Michigan

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Immigration and Customs Enforcement

U.S. Office of Personnel Management

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Sentencing Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the District of Colorado

United States District Court for the District of North Dakota

United States District Court for the Western District of Wisconsin