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Public Policy
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February 26, 2026
Hegseth Appeals Block On Sen. Kelly's Rank Reduction
Defense Secretary Pete Hegseth has appealed a district court order blocking him from reducing the U.S. Navy rank of Sen. Mark Kelly, D-Ariz., after the lawmaker told members of the military they don't have to follow unlawful orders.
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February 26, 2026
FCC Denies Cos.' Bids To Scrap Regulatory Fee Late Charges
The Federal Communications Commission is declining to waive the 25% penalty it slaps on top of regulatory fees from 2023 and 2024 that come in late, dashing the hopes of nearly two dozen companies that had asked the agency to do just that.
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February 26, 2026
India Looks To Nix $156M Deutsche Telekom Award Suit
India is urging a D.C. federal court not to enforce a nearly $156 million arbitral award issued to Deutsche Telekom AG over a nixed satellite lease and telecommunications deal, arguing that it never agreed to arbitrate this type of dispute and that the deal was nixed over "essential security" issues.
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February 26, 2026
Feds Seek To Pause Fight Over Stopping Empire Wind Project
The Trump administration has asked a D.C. federal judge to pause litigation challenging its stoppage of the Empire Wind offshore wind project, a move opposed by the project's developers, who previously persuaded the judge to lift the stoppage.
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February 26, 2026
NYC Officials Urge 2nd Circ. Not To Block Pot Enforcement
New York City officials are asking the Second Circuit to deny a bid from two business owners to block enforcement of the city's cannabis laws against their club while they appeal a lower court decision, saying they don't have standing to seek the injunction.
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February 26, 2026
$200M Antitrust Deal Can Shield Drugmakers In States' Claims
Sun Pharmaceutical and Taro Pharmaceuticals can use their $200 million settlement with the "end payors" for generic drugs in an alleged price-fixing scheme as a defense in a similar lawsuit brought by 47 states and territories, the Connecticut federal judge overseeing the case ruled Wednesday.
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February 26, 2026
NJ Judge Slams DHS For 'Reckless' Detention Practices
A New Jersey federal judge ordered a Salvadoran's immediate release Thursday from immigration custody, saying the Trump administration's procedures for arrest and detention of noncitizens — while once potentially attributable to negligence — have entered the realm of "manifest recklessness."
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February 26, 2026
Hochul Taps Policy Director To Lead NY Cannabis Regulator
New York Gov. Kathy Hochul on Thursday announced that the director of policy at the state's cannabis regulatory agency would take over the office's top leadership role.
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February 26, 2026
Senate Judiciary Advances Illinois US Atty
The Senate Judiciary Committee advanced the nomination of Gregory Gilmore to be U.S. attorney for the Central District of Illinois in a quick vote that passed without comment.
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February 26, 2026
Vanguard Will Pay $29.5M To Settle Red States' ESG Suit
The Vanguard Group Inc. will pay $29.5 million to settle claims brought by several conservative states accusing it and other large asset managers of driving up coal prices by pressuring publicly traded energy companies to lower their output to meet carbon emission reduction goals.
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February 26, 2026
Feds Seek To Toss DOJ Official's Suit Over Epstein-Talk Firing
The U.S. Department of Justice has asked a D.C. federal court to ax a wrongful termination lawsuit brought by a former DOJ official who was fired after he was surreptitiously filmed talking about Jeffrey Epstein on what he thought was a date, saying district courts don't have jurisdiction and the matter belongs in front of the Merit Systems Protection Board.
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February 26, 2026
Feds Ask For Early Win In Forest Service Timber Targets Suit
The government is seeking summary judgment in a lawsuit alleging the U.S. Forest Service failed to consider emissions from its logging program's anticipated timber sales, telling a D.C. federal judge that the plaintiffs' claims are moot after the 2025 budget reconciliation bill set new goals directly.
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February 26, 2026
Hawaii Officials Fight Claim That Hemp Law Violates Farm Bill
Hawaii's attorney general and health department director are urging a federal court to throw out a challenge to new hemp regulations, arguing that they have immunity under the 11th Amendment and that the regulations don't conflict with the Agriculture Improvement Act of 2018, also known as the Farm Bill.
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February 26, 2026
NLRB Readopts 2020 Joint Employer Rule In 'Ministerial' Move
The National Labor Relations Board formally republished a 2020 rule on Thursday narrowing the circumstances in which it tags employers with liability to another firm's employees, in what it called a "ministerial" step to clarify its consistent policy.
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February 26, 2026
Former Prosecutors Slam Seizure Of Fulton County Ballots
A bipartisan group of former federal prosecutors told a federal judge that the U.S. Department of Justice shouldn't have sought a search warrant to seize election materials from Georgia's Fulton County last month and that in doing so, the department failed its "essential role in our justice system."
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February 26, 2026
Thai Oil Drill Products Evading China Duties, Commerce Says
Oil and gas pipe imports from Thailand are evading antidumping and countervailing duties imposed on those products from China, the U.S. Department of Commerce determined Thursday.
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February 26, 2026
Trump Admin Asks Justices To Intervene In Syria TPS Fight
The Trump administration urged the U.S. Supreme Court on Thursday to block lower courts from delaying its termination of temporary protected status for Syrian nationals, noting the high court has already done so twice for its TPS revocation regarding Venezuelan nationals.
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February 26, 2026
Switzerland Seeks Stable US Trade Amid Tariff Uncertainty
Swiss officials are seeking to stabilize trade with the U.S. in negotiations following the U.S. Supreme Court's rejection of President Donald Trump's tariffs and his subsequent announcement of new tariffs, the Swiss government said.
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February 26, 2026
USTR Seeks Input On Crafting Critical Mineral Supply Pact
The U.S. Trade Representative on Thursday asked the public to weigh in on the design of an agreement to secure critical minerals and trade policies around those resources.
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February 26, 2026
DOL Unveils Independent Contractor Rule Replacement
The U.S. Department of Labor announced the details Thursday of a long-awaited proposed rule to rescind and replace a previous administration's regulation that outlined how to decide if a worker is an employee or independent contractor.
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February 25, 2026
Online Abortion Pill Provider Illegally Ships To Texas, AG Says
Texas Attorney General Ken Paxton sued Aid Access, its founder and a California doctor in state court Tuesday alleging they operate an "abortion-by-mail enterprise" that ship abortion-inducing drugs to Texas residents, which is endangering the lives of unborn children and their mothers.
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February 25, 2026
White House Cites Fraud, Freezes $259M In Minn. Medicaid
The Trump administration on Wednesday said it would hold back $259.9 million in Medicaid funding for Minnesota as part of what it called an unprecedented effort to combat fraud in programs that support low-income families.
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February 25, 2026
OCC Unveils Landmark Stablecoin Rule Proposal
The Office of the Comptroller of the Currency took a significant step Wednesday toward standing up its oversight framework for stablecoin issuers, proposing rules that lay out how licensing will work, what activities will be allowed and what prudential standards will apply.
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February 25, 2026
FTC Backs Age Verification Use With New Enforcement Stance
The Federal Trade Commission said Wednesday that it won't use its enforcement authority under the Children's Online Privacy Protection Act to bring actions against certain websites and services that collect kids' personal information without parental consent for the sole purpose of verifying users' ages.
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February 25, 2026
AT&T Promptly Settles NYC Pension Funds Diversity Suit
AT&T on Wednesday agreed to allow shareholders to vote on New York City pension funds' proposal requesting a corporate diversity report, quickly settling a suit filed by the funds last week.
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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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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Opinion
Minn. Can Still Bring State Charges In Absence Of Fed Action
After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.
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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.
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Assessing Factors Behind Biosimilar Uptake And Competition
As biosimilar uptake remains uneven and questions linger over whether the Biologics Price Competition and Innovation Act can deliver robust competition between biologics and biosimilars, a case study of Humira and its biosimilars illustrates how many factors, including payor reimbursement and formulary strategy, collectively shape competitive dynamics, say analysts at Analysis Group.