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Public Policy
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January 26, 2026
DOJ Can't Sue Mich. To Stop 'Hypothetical' Climate Claims
A Michigan federal judge ruled on Saturday that the U.S. Department of Justice cannot preemptively block the state from filing climate-related claims against the fossil fuel industry, adding there's no precedent for such a move being allowed in the long history of state litigation against national industry groups.
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January 26, 2026
Truck Makers Say Calif. Delaying 'Clean Trucks Pact' Fight
Heavy-duty truck manufacturers on Monday accused California officials of trying to delay litigation over a 2023 agreement that would saddle manufacturers with stringent state emissions standards and stiff penalties for noncompliance in the coming years.
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January 26, 2026
IP Notebook: Nutcracker Suit, Copyright Termination, Playboy
This edition of Law360's overview of emerging copyright and trademark trends delves into a Fifth Circuit decision that tests the territorial boundaries of copyright law, and a dispute over "stream-ripping" on YouTube that has artificial intelligence companies weighing in.
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January 26, 2026
Citadel Securities Lobbies SEC For $119M CAT Fee Refund
Citadel Securities is pressing for the return of $119 million it argues was unlawfully collected to fund a key market surveillance database known as the consolidated audit trail, telling the U.S. Securities and Exchange Commission the collection of the fees violated an Eleventh Circuit decision.
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January 26, 2026
Colo. High Court Says Xcel's Immunity Bid Went Too Far
A Colorado regulatory agency lacked the authority to approve a tariff limiting Xcel Energy's liability from a man's personal injury claim, the Colorado Supreme Court held Monday in a ruling that also rejected an appellate court's finding that the tariff does not extend to non-Xcel customers.
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January 26, 2026
8th Circ. Rejects DOJ Bid For Minn. Church Protest Warrants
An Eighth Circuit panel denied the Trump administration's push to secure arrest warrants for five people it accused of unlawfully disrupting a church service to protest immigration enforcement operations in Minneapolis after a federal judge refused to issue them.
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January 26, 2026
Tribe, Enviro Groups Look To Vacate Alaska Gold Mine Permit
Conservation groups and an Alaskan tribe are seeking to void a U.S. Army Corps of Engineers permit to expand gold mining operations at the headwaters of the Johnson River, arguing that the agency violated a slew of environmental laws regarding potential effects to Cook Inlet beluga whales.
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January 26, 2026
Justices' FCC Review Could Reshape IRS Penalty Disputes
The U.S. Supreme Court's upcoming review of a pair of cases questioning the validity of the Federal Communications Commission's penalty authority could have ripple effects that further delineate the Internal Revenue Service's authority to impose penalties.
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January 26, 2026
Google Targets Publishers' Ad Tech Claims
Google asked a New York federal judge to cut out a wide swath of antitrust claims from multidistrict litigation targeting its advertising placement technology dominance, assailing in separate briefs allegations from a class of website publishers and from the Daily Mail and Gannett.
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January 26, 2026
Fed. Gov't Refiles Suit Demanding Ga. Voting List
A federal judge in Macon, Georgia, cited lack of jurisdiction Friday as he tossed a lawsuit by the Trump administration demanding the state hand over an unredacted voter registration list, prompting the federal government to refile the suit in Atlanta.
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January 26, 2026
3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit
A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.
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January 26, 2026
Sens. Offer Crypto Bill Amendments As Storm Delays Markup
The Senate Agriculture Committee said Monday that it will postpone its markup of a bill to regulate crypto markets to Thursday in light of the weekend's winter storm, while Democrats submitted proposals to insert ethics language and ensure appointments to the U.S. Commodity Futures Trading Commission.
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January 26, 2026
Fla. Panel Sides With State Over Signatures For Pot Initiative
A Florida state appeals court sided with officials over invalidating more than 70,000 signatures collected for a potential ballot initiative that would legalize recreational cannabis in the Sunshine State, saying emailed directives handed down to county election supervisors regarding petition verification weren't unlawful.
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January 26, 2026
Bankrupt Biz Can't Avoid Pension Obligations, 4th Circ. Says
A defunct construction business owes the International Painters and Allied Trades Industry Pension Fund about $1.6 million, a Fourth Circuit panel said Monday, affirming a lower court's decision that the fund's lawsuit seeking payment was filed on time.
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January 26, 2026
Disarming Cannabis Users Is Unconstitutional, Justices Told
A Texas man charged with illegally possessing a gun as a regular cannabis user told the U.S. Supreme Court that the government had no more right to disarm him than it had to restrict the gun use of people who drank on the weekends.
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January 26, 2026
Canada Says China Tariff Agreement Isn't Free Trade Deal
Canadian Prime Minister Mark Carney and the country's foreign affairs minister downplayed the country's recent tariff deescalation with China, indicating Canada will not pursue a free trade agreement with China as President Donald Trump threatened a 100% tariff this weekend over the deal.
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January 26, 2026
Dooney & Bourke Accused Of Misleading Email Sales Tactics
Handbag and leather goods brand Dooney & Bourke Inc. violated a Washington State law by sending email blasts offering repeated "last chance" sales with just "hours left" for consumers to purchase advertised products, according to a lawsuit recently removed to federal court.
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January 26, 2026
Oklahoma Tribes 'Misunderstand' Gaming Law, Court Told
Oklahoma Gov. Kevin Stitt and the federal government are asking a D.C. federal court for a summary judgment win in a dispute over Class II gaming compacts, arguing that the four tribes challenging the agreements misunderstand the Indian Gaming Regulatory Act's approval framework.
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January 26, 2026
Full 3rd Circ. Passes On Alina Habba DQ Challenge
The Third Circuit on Monday declined to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, denying the Justice Department's petition for rehearing and leaving intact a decision that sharply curtailed the government's use of creative maneuvers to install interim federal prosecutors.
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January 26, 2026
USA Rare Earth Secures $3.1B Of Federal And Private Funding
Mining company USA Rare Earth Inc. on Monday announced that it is set to receive $3.1 billion of new funding through collaborations with the U.S. government and a private investment in public equity funding commitment, in deals shaped by three law firms.
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January 26, 2026
35 AGs Demand X Crack Down On Grok Sexual Deepfakes
A group of 35 attorneys general sent a letter to xAI, an arm of the social media network formerly known as Twitter, to demand stronger action curtailing its Grok chatbot from altering pictures on its site to be sexually explicit or revealing.
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January 26, 2026
NJ Court Revives UAW's Casino Smoking Law Challenge
A New Jersey state appeals court revived a challenge to a state law allowing people to smoke in casinos Monday, giving the United Auto Workers another chance to argue that the law harms the casino employees it represents by exposing them to secondhand smoke.
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January 26, 2026
AI Image Is Not Copyrightable, Gov't Tells High Court
The U.S. government has urged the U.S. Supreme Court to reject an appeal from a computer scientist over whether an image created by an artificial intelligence system he developed can qualify for copyright protection, arguing that existing law clearly limits copyrights to human authors.
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January 26, 2026
Suit Over Fatal Fire Can Go To Philippines, Conn. Justices Say
The Connecticut Supreme Court ruled Monday that a trial court conducted the right assessment in deciding that a wrongful death suit over a devastating call center fire belonged in the Philippines, in a defeat for the estate administrator for 29 people who were killed.
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January 26, 2026
Fla. Bar Clears Gaetz Despite US House Ethics Report
The Florida Bar has decided to not discipline former U.S. Rep. Matt Gaetz, R-Fla., who was briefly President Donald Trump's pick for attorney general, despite the House ethics committee's findings that Gaetz regularly paid for sex, including with a minor.
Expert Analysis
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Banking Regulation Themes To Anticipate In 2026
The banking enforcement and rulemaking agenda for this year is likely to reflect a mix of targeted reform, deregulatory recalibration and new priorities aligned with supervisory modernization, says Kim Prior at King & Spalding.
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Cannabis Industry Faces An Inflection Point This Year
Cannabis industry developments last year — from the passage of a new wholesale tax in Michigan, to an executive order accelerating the federal rescheduling process — presage a more mature phase of legalization this year, with hardening expectations and enforcement to come, says Alex Leonowicz at Howard & Howard.
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CMS 2027 Proposal Is Mixed Bag For Medicare Advantage
The Centers for Medicare and Medicaid Services' recent proposed rule for the Medicare Advantage and Part D programs gives small organizations reason for optimism, although certain elements may be inconsistent with the Centers' desire to enhance competition, says Christine Clements at Sheppard Mullin.
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Easing Equity Research Firewall Shows SEC Open To Updates
The U.S. Securities and Exchange Commission’s recent agreement to modify a decades-old settlement meant to limit investment bankers’ influence over research analysts within major broker-dealer firms reflects a shift toward a commission that recognizes how rules can be modernized to lighten compliance burdens without eliminating core safeguards, say attorneys at Ropes & Gray.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q4
The regulatory and litigation developments for California financial institutions in the fourth quarter of 2025 were incremental but consequential, with the Department of Financial Protection & Innovation relying on public enforcement actions to articulate expectations, and lawmakers and privacy regulators playing a role as well, says Stephen Britt at Stinson.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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Unpacking The DOJ Meatpacking Probe
The recent U.S. Department of Justice meatpacking antitrust investigation is in line with the Trump administration's focus on crimes that affect U.S. consumers, and businesses in other agricultural sectors should be aware of the increased antitrust scrutiny currently aimed at the industry, say attorneys at Norton Rose.
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Aligning With EPA's 'Compliance First' Enforcement Policy
To take advantage of the U.S. Environmental Protection Agency's new "compliance first" policy, companies will need to maintain up-to-date compliance programs, implement self-audits and find-and-fix protocols, and lean more into open communication with regulators, say attorneys at Crowell & Moring.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Calif. AI Law Will Have Ripple Effect On Emerging Cos.
California's Transparency in Frontier Artificial Intelligence Act is the first comprehensive state-level AI safety framework with mandated public disclosures in the U.S., and although it may not affect emerging companies directly, companies that embed governance and transparency into their operations will differentiate themselves in highly competitive markets, say attorneys at Mintz.
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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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Opinion
US Cybersecurity Strategy Must Include Immigration Reform
Cyberthreats are escalating while the cybersecurity workforce remains constrained due to a lack of clear standards for national-interest determinations, processing backlogs affecting professionals who protect critical public systems and visa allocations that do not reflect real-world demands, says Rusten Hurd at Colombo & Hurd.
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How 2025 Executive Orders Are Reshaping Consumer Finance
In 2025, President Donald Trump used executive orders to initiate a reversal of policies on fair lending, urge agencies to use enforcement and supervisory tools to police debanking, and reduce consumer financial regulation — and the resulting flurry of deregulatory activity will likely continue in 2026, says Elizabeth Tucci at Goodwin.
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A Look At EEOC Actions In 2025 And What's Next
President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.
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FDA's AI Deployment Brings New Potential And Risks
The U.S. Food and Drug Administration's recent announcement about making agentic artificial intelligence tools available to agency employees may portend accelerated regulatory timelines and lower costs for drug companies and consumers, but potential errors and biases will necessitate additional safeguards, says Angela Silva at Lewis Brisbois.