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Public Policy
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March 04, 2026
Texas Says Lone Star State's Shape Can't Be A Trademark
Texas sued a precious metals dealer in federal court seeking to invalidate its trademark registrations of generic shapes of the state of Texas and the state flag's iconic Lone Star, arguing Monday that the dealer is attempting to monopolize the symbols and strong-arm the state into paying "exorbitant royalties" to sell Texas-themed commemorative items.
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March 04, 2026
NLRB May Make Changes Despite Vacancies, Member Says
A National Labor Relations Board member suggested at an American Bar Association conference Wednesday that the new majority may depart from a practice of withholding precedent changes without three votes and the new top prosecutor rebuffed calls from union attorneys to set out her legal priorities.
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March 04, 2026
Okla. Judge Lets Pot Grower Save Plants Amid Dispute
An Oklahoma state judge has allowed a cannabis grower to tend to and preserve its plants while it challenges an order from regulators suspending its operations.
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March 04, 2026
Union Wins Right To Defend Colorado's County Union Law
A judge in Colorado federal court granted Wednesday a motion from a union group seeking to intervene to defend a Colorado statute challenged by a county that claims the law, which expands county employees' right to unionize, is unconstitutional.
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March 04, 2026
Trump's FCA Expansion Plan Heightens Compliance Risk
In light of the Trump administration's record False Claims Act enforcement haul, companies should be especially mindful of a planned expansion in the scope of enforcement and the false compliance certification risks that may bring, attorneys say.
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March 04, 2026
DHS Chief Denies Court Order Violations Amid Criticism
Testifying before a House committee Wednesday, Homeland Security Secretary Kristi Noem said that during her tenure, the agency has never violated a court order despite what a number of judges say is vast evidence to the contrary.
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March 04, 2026
Housing Groups Slam $68M Colony Ridge Fair Lending Deal
Public interest groups are urging a Texas federal judge to reject the Trump administration's proposed settlement of a Biden-era predatory lending case against a Houston-area developer, arguing it would improperly bankroll immigration enforcement while stiffing harmed borrowers.
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March 04, 2026
Confederate Monument To Stay At NC Courthouse, Panel Says
"Negative feelings" about a century-old Confederate monument installed outside a North Carolina courthouse can't sustain the NAACP's constitutional challenge seeking its removal, a state appeals court said Wednesday in ruling the monument can stay.
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March 04, 2026
Judge Calls FTC's Boycott Subpoenas 'Exceedingly Broad'
The Federal Trade Commission battled Wednesday with the latest challenger to its administrative subpoenas examining an alleged advertising boycott of conservative voices in front of a D.C. federal judge who offered few hints about whether she'll temporarily block the information demands but did call them extremely broad.
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March 04, 2026
Justices Mull Cracks In Freight Broker Liability Shield
The U.S. Supreme Court appeared unsure Wednesday whether a federal law economically deregulating the commercial trucking industry also extends to shielding freight brokers from state-law liability for highway crashes that have killed or injured people.
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March 04, 2026
Judge Questions DOJ Stance In ABA's Intimidation Suit
A Susman Godfrey LLP attorney told a district judge that the Trump administration's recent double-reversal on its executive orders targeting law firms proved that attorneys fighting government action face a real and ongoing threat and urged the judge not to toss a suit from his client, the American Bar Association, to end the "Intimidation Policy."
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March 04, 2026
Colo. Governor, AG Seek Dismissal Of Gun Law Challenge
Colorado officials urged a federal judge to throw out a Second Amendment challenge to the state's semiautomatic firearm licensing law, arguing the suit is premature and the plaintiffs lack standing to sue.
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March 04, 2026
4th Circ. Won't Reconsider Stay Of Block On Va. Vape Law
The Fourth Circuit won't hold an en banc or other rehearing of its decision to stay an order blocking enforcement of certain Virginia e-cigarette regulations.
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March 04, 2026
Crypto Co. Kraken Secures Fed Master Account Access
The Federal Reserve Bank of Kansas City on Wednesday cleared Wyoming-chartered Kraken Financial for a "limited purpose" master account, becoming the first crypto bank to gain access to the Federal Reserve's payment rails in a move that brought outcry from banking groups.
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March 04, 2026
Unions Sue Trump Over Moves To Ease Civil Servants' Firing
The Trump administration cannot strip tens of thousands of federal workers of their job protections without violating their right to due process and treading on Congress' territory, a coalition of labor groups argued Wednesday, filing their latest challenge to the administration's quest to make federal workers easier to fire.
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March 04, 2026
Insurance Execs' Coverage Bid 'Not Plausible,' Judge Says
Berkley Assurance Co. doesn't owe any coverage duties to insurance executives who were sued over allegations they sabotaged their former company on their way out the door to start a rival firm, a Georgia federal judge has ruled.
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March 04, 2026
Conn. Resident Asserts Dormant Commerce Cannabis Suit
A would-be cannabis grower challenging Connecticut's marijuana licensing program urged a federal judge not to toss his claims that the state's social equity licensure scheme is discriminatory, asserting that even as a resident of the state, he has an injury that gives him standing to sue.
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March 04, 2026
Real Estate Owner Seeks Probation For $5M Tax Evasion
A commercial real estate owner found guilty of hiding nearly $5 million in income from the Internal Revenue Service asked a Washington federal court for a sentence of home confinement, saying he has changed his family business to eliminate the chances he will file false or late returns.
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March 04, 2026
CIT Judge Orders That All IEEPA Tariffs Must Be Refunded
The U.S. government must refund any tariff charged under President Donald Trump's now-struck-down International Emergency Economic Powers Act tariff regime, regardless of whether the affected company filed suit at the U.S. Court of International Trade seeking a refund, a CIT judge ordered Wednesday.
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March 04, 2026
DC Judge Strikes Down 340B Drug Discount Registration Rule
The U.S. Health Resources and Services Administration cannot reinstate a pre-pandemic policy requiring covered hospitals' offsite facilities to register with the agency in order to access discounted drugs under the 340B program, a D.C. federal judge ruled.
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March 04, 2026
11th Circ. Shouldn't Apply 3M Ruling To Coke, Gov't Says
The Eleventh Circuit should not apply the reasoning used by the Eighth Circuit in its October ruling for 3M Co. to allow Coca-Cola to indefinitely defer taxes it owes under IRS transfer pricing regulations, the U.S. government said Wednesday.
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March 04, 2026
Chuckwalla Case To Stay In Michigan As Tribes Join Fight
A Michigan federal judge has decided that transferring a miner's case challenging the establishment of the Chuckwalla National Monument out of her court is "not inappropriate," while also ruling that a slew of tribal nations and environmental groups may intervene in the lawsuit.
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March 04, 2026
Judge Invites Group Relief For ICE's 'Abhorrent' Actions
A Trump-appointed New York federal judge described the administration's arrest and detention of a Honduran with legal status as "a reprehensible act of unimaginable cruelty," saying the issue is widespread and suggesting the case could be broadened to a larger group.
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March 04, 2026
Sandoz Parent Targets Walmart, Southwest Generic Drug Suits
Sandoz parent company Sandoz AG contested generic drug price-fixing complaints from Southwest Airlines, Walmart, Walgreen and United Healthcare, arguing that the direct action plaintiffs cannot pursue the company in the wider Pennsylvania federal court multidistrict litigation because the Swiss firm is too far removed from its Sandoz Inc. subsidiary.
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March 04, 2026
Retirees' TIAA Rollover Advice Fee Suit Trimmed
A New York federal judge on Wednesday narrowed a proposed class action alleging the Teachers Insurance Annuity Association of America and its affiliates violated federal benefits law by coercing retirees into higher-cost managed accounts, holding individual retirees lacked standing to sue on behalf of participants in thousands of other plans.
Expert Analysis
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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.
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Opportunities Amid The Challenges Of Trump's BIS Shake-Up
The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.
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How SEC Civil Penalties Became Arbitrary: The Data
Data regarding how the U.S. Securities and Exchange Commission has adhered to its own civil penalty rules over the past 20 years reveals that awards are no longer determined in accordance with the guidelines imposed on the SEC by the securities laws, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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Postconviction Law In 2026: A Recalibration, Not A Revolution
As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.
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OCC's New Fee Clearance Shows Further Ease Around Crypto
The Office of the Comptroller of the Currency's recent holding that banks can use crypto-assets to pay certain blockchain network fees shows that the OCC is further warming to the idea that organizations are using new methods to do "the very old business of banking," say attorneys at Jones Day.
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How SEC Civil Penalties Became Arbitrary: The Framework
An examination of how the U.S. Securities and Exchange Commission has recently applied guidelines governing the imposition of monetary penalties in enforcement actions shows that civil penalty awards in many cases are inconsistent with the rules established to structure them, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Opinion
Faulty Legal Assumptions Obscure Police Self-Defense Law
As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.
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Why 2026 Could Be A Bright Year For US Solar
2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.
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2026 Int'l Arbitration Trends: Tariffs Drive Transformation
In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.
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What Productivity EO May Mean For Defense Industrial Base
President Donald Trump’s recent executive order barring stock buybacks and dividend payments by "underperforming" defense contractors represents a significant policy shift from traditional oversight of the defense industrial base toward direct intervention in corporate decision-making, say attorneys at Holland & Knight.
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What's New In ISS' Benchmark Voting Policy Updates For 2026
Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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AG Watch: Calif. Fills Federal Consumer Protection Void
California's consumer protection efforts seem to be intensifying as federal oversight wanes, with Attorney General Rob Bonta recently taking actions related to buy now, pay later products, credit reporting and medical debt, consumer credit discrimination, and the use of artificial intelligence in consumer services, say attorneys at Cooley.