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Public Policy
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March 18, 2026
Suit Aims To Stop Gulf Endangered Species Exemption
A conservation group asked a D.C. federal judge Wednesday to declare that an upcoming U.S. Department of the Interior meeting to exempt oil and gas activities in the Gulf of Mexico from the Endangered Species Act was called illegally, arguing that the meeting could ultimately result in species' extinction.
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March 18, 2026
Tax Prep Firm Can't Challenge Bulk Denial Of Tax Credits
Two tax preparation companies don't have enough interest in their clients' refunds to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, the Ninth Circuit found, affirming an Arizona district court's ruling.
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March 18, 2026
Calif. Bills Would Reform Litigation Funding, Client Recruiting
Two new bills introduced to the California Assembly this week seek to impose reforms on the state's legal industry, including adding mandatory disbarment for attorneys convicted of felony "capping" — or illegally paying for client recruitment — and blocking corporate litigation funders from influencing cases.
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March 18, 2026
FCC Warns 'Rip, Replace' Participants That It Will Be Watching
Companies receiving Federal Communications Commission funds under the "rip and replace" program ought to be keeping good records of how they're spending the agency's money and disposing of the equipment they're supposed to be replacing, the FCC warned recently.
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March 18, 2026
Powell Says He Won't Make Fed Exit While Facing DOJ Probe
Federal Reserve Chair Jerome Powell said Wednesday that he will stay on as a board member of the central bank if he remains under U.S. Department of Justice investigation when his term as Fed chairman runs out this spring.
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March 18, 2026
Coal Plant Order Was Right Call, Energy Dept. Tells DC Circ.
The U.S. Department of Energy has urged the D.C. Circuit to back the DOE's order keeping a Michigan coal-fired power plant open, saying the Federal Power Act gives Energy Secretary Chris Wright broad emergency authority to prevent power plants from closing.
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March 18, 2026
FDA Can't 'Refuse To File' Tobacco Applications, Suit Says
The maker and a seller of Zone nicotine pouches are suing the U.S. Food and Drug Administration in Texas federal court, alleging the agency stalled and eventually refused to file their marketing application, despite federal law requiring the FDA to either approve or deny such applications.
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March 18, 2026
CIT OKs 2nd Try At US Ruling Against Vietnamese Solar Cells
The U.S. Department of Commerce adequately explained, on its second try, its finding that solar cells imported from Vietnam circumvented U.S. countervailing and antidumping duties on Chinese products, the U.S. Court of International Trade found.
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March 18, 2026
ICE Must Face Class Claims Over Virtual Access To NJ Courts
The U.S. Department of Homeland Security and Immigration and Customs Enforcement can't duck a lawsuit that New Jersey detainees at a Pennsylvania detention center had filed over their lack of virtual access to state court proceedings, a federal judge ruled Tuesday.
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March 18, 2026
Mich. Justices Hear Broad Support For Court Rule Changes
The Michigan Supreme Court received largely supportive feedback Wednesday at its public administrative hearing on a series of proposed court rule changes, including amendments dealing with electronic service, unpublished appellate opinions and state bar representative assembly elections.
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March 18, 2026
Ind. Board Must Review Electrician Program's Tax Break
An Indiana training program for electricians may be considered a school and, thus, become eligible for a property tax exemption after the tax board too narrowly interpreted the definition of a school, the Indiana Tax Court said.
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March 18, 2026
NJ Judge Tosses Ex-Elections Chief's Suit Over Ouster
A New Jersey state judge has tossed the ex-Garden State elections chief's suit against former Gov. Phil Murphy and members of the governor's administration over efforts to oust him.
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March 18, 2026
Del. Allows County Subpoena Of Witnesses For Assessments
Delaware authorized its counties to subpoena witnesses and evidence under certain conditions in disputes over nonresidential real property's assessed value as part of a bill signed by the governor.
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March 17, 2026
Trump Admin Ordered To Reinstate Voice Of America Workers
A D.C. federal judge Tuesday gave the Trump administration until March 23 to reinstate more than a thousand journalists and staff at Voice of America illegally laid off roughly a year ago, ruling that the government's moves to dismantle the program were arbitrary and capricious and contrary to Congress' intentions.
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March 17, 2026
SEC Draws Lines With Crypto 'Token Taxonomy' Guidance
The U.S. Securities and Exchange Commission shared its anticipated "token taxonomy" on Tuesday, issuing interpretive guidance that detailed which types of cryptocurrency assets appear to be beyond the reach of securities laws and the circumstances that could pull them back into the regulator's oversight as part of an investment contract.
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March 17, 2026
DC Circ. To Decide How Far Back FERC Can Order Refunds
The D.C. Circuit is set to decide exactly how far back the Federal Energy Regulatory Commission can go in implementing refund orders based on rate adjustments, having spent nearly two hours Tuesday morning hashing out the matter with several attorneys.
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March 17, 2026
SEC Won't Reconsider Upholding Ex-Broker's FINRA Fines
The U.S. Securities and Exchange Commission won't revisit its earlier holding partially sustaining certain Financial Industry Regulatory Authority findings and sanctions against a former stockbroker who's challenged the constitutionality of the self-regulatory organization, stating that the stockbroker's reconsideration bid hadn't asserted the regulator erred in its earlier decision.
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March 17, 2026
FPI, Apartment Owners Reach $7M Deal In Wash. AG's Tenant Suit
California-based property manager FPI and owners of five low-income apartment complexes have agreed to pay $7 million to end the Washington attorney general's lawsuit accusing them of exploiting senior tenants by overstating property qualities and withholding information about future rent rises, according to an agreed order finalized Monday.
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March 17, 2026
FCC OKs Alaska Plan Changes As Tribe Moves To New Village
GCI Communication Corp. won't have to continue to provide service to an Alaskan Native village in the state's eroding coastal lowland after its population moved on to new territory that was gained in a land swap with the federal government, the Federal Communications Commission has ruled.
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March 17, 2026
SIFMA, Other Orgs Weigh In On SEC's 'Small Entity' Proposal
The Securities Industry and Financial Markets Association is urging the U.S. Securities and Exchange Commission to increase its oversight of investment advisers should it move forward with a plan to categorize more mutual funds and advisers as small entities, saying the current playing field disadvantages broker-dealers.
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March 17, 2026
Colo. Appeals Panel Weighs Standing In Charter Dispute
A Colorado school district argued to a state Court of Appeals panel Tuesday that the state school board didn't have authority to revoke the district's exclusive chartering authority in a dispute over the school board's role in contract negotiations with a charter school.
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March 17, 2026
OFAC Fines Broker $1.1M Over Apparent Sanctions Violations
The U.S. Department of the Treasury's Office of Foreign Assets Control on Tuesday announced that Florida brokerage TradeStation Securities Inc. has agreed to pay more than $1.1 million to settle potential civil liability for violating the regulator's sanctions programs for Iran, Syria and Crimea.
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March 17, 2026
Trump Admin Accused Of Retaliation In Colo. Climate Lab Suit
A nonprofit research consortium of 129 colleges asked a federal judge to stop the Trump administration from breaking up the climate and weather lab it operates in Boulder, Colorado, claiming the administration is acting on retribution alone in its decision.
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March 17, 2026
NYC Asks To Stop Defending Eric Adams In Sex Assault Suit
New York City's law department Tuesday moved to terminate its representation of former Mayor Eric Adams in a sexual assault suit filed by a former police department colleague, arguing Adams wasn't acting within the scope of his city employment at the time of the alleged incidents.
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March 17, 2026
Trump's Pipeline Order Stokes Turf War Over Energy Permits
The Trump administration is taking executive power into uncharted territory by asserting it can override state law to restart a California oil pipeline, but such an expansion of presidential authority over energy infrastructure may invite skepticism from courts.
Expert Analysis
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Aerospace And Defense Law: Trends To Follow In 2026
Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.
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Aviation Watch: Busy Skies, Tough Market For Airlines In 2026
After a turbulent year in the U.S. commercial aviation sector, demand for air travel and premium service shows no signs of slackening in 2026, with airlines facing the need to compete in a saturated market, while seeking opportunities for consolidation and pursuing other avenues to profitability, says Alan Hoffman, a retired attorney and aviation expert.
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Viewing The Merger Landscape Through An HPE-Juniper Lens
If considerations beyond antitrust law were taken into account to determine whether Section 7 of the Clayton Act was violated in the Hewlett Packard Enterprise-Juniper Networks deal, then legal practitioners advocating deal clearance may now have to argue that deals should be justified by considerations not set forth in the merger guidelines, says Matthew Cantor of Shinder Cantor.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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3 Key Ohio Financial Services Developments From 2025
Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.
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Patent Eligibility Faces Widening Gap Between USPTO, Courts
The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.
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Keys To Effective Mental Health Mitigation In Sentencing
Instead of framing a defendant's mental health diagnoses as generalized grounds for leniency during sentencing, defense counsel should present them as objective clinical data that directly informs the risk assessment and rehabilitative questions judges are statutorily required to consider, say Joseph De Gregorio at JN Advisor and Richard Levitt at Levitt & Kaizer.
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Key Policy Moves Are Powering Nuclear Growth
The past year has seen a shift toward strong federal support for new nuclear power generation, and both recent and anticipated policy developments are likely to encourage progress toward that goal — but making sure that this momentum continues may be the hard part, say attorneys at Balch & Bingham.
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Rescheduling Cannabis Marks New Tax Era For Operators
As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.
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Navigating Trade Secret Exceptions In Noncompete Bans
Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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OCC Rulemaking May Clear Haze Around Trust Banks' Scope
A recent Office of the Comptroller of the Currency proposal at last eliminates uncertainty around whether national trust banks can engage in nonfiduciary activities, but it does not address which activities are permissible or whether a minimum amount of fiduciary activity is required, say attorneys at Davis Polk.
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Expect Major Shifts In Patent And Trademark Policy This Year
New leadership and initiatives promise to bring consequential changes to the U.S. Patent and Trademark Office's practices in 2026, likely favoring patent allowance and issuance, as well as streamlining trademark processes, say attorneys at Knobbe Martens.
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How FERC Is Shaping The Future Of Data Center Grid Use
Two recent orders from the Federal Energy Regulatory Commission affecting the PJM Interconnection and Southwest Power Pool regions offer the first glimpse into how FERC will address the challenges of balancing resource adequacy, grid reliability and fair cost allocation for expansions to accommodate artificial intelligence-driven data centers, say attorneys at Husch Blackwell.
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Digital Assets May Be In For A Growth Spurt In 2026
All signs point to an acceleration in digital asset product and service innovation throughout 2026, and while questions of first impression still need to be addressed, some legal issues will be clarified, spurring developments namely on the tokenization and stablecoin fronts, say attorneys at Skadden.