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Public Policy
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February 10, 2026
Ziff Davis Sues Google Amid Mounting Ad Tech Antitrust Suits
Digital media publisher Ziff Davis Inc. has filed the latest antitrust lawsuit against Google over its advertising technology, alleging in its New York federal complaint that the Silicon Valley giant unlawfully monopolizes the publisher ad server and ad exchange markets.
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February 10, 2026
Ill. Tax, Tip Swipe Fee Ban Survives Banks' Challenge
An Illinois federal judge Tuesday cleared most of a landmark Illinois law banning swipe fees on tax and tip payments to take effect this summer, dealing a major blow to banking industry groups that sought to block the law altogether.
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February 10, 2026
Seyfarth Faces DQ Bid From Luxury Terminal Developer
A California company aiming to develop a private luxury terminal for Washington Dulles International Airport has asked a D.C. federal court to disqualify Seyfarth Shaw LLP from representing its foe, the Metropolitan Washington Airports Authority, saying the firm also represents the developer's parent company "in no less than seven active matters."
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February 10, 2026
Fla. US Attys Push Back Against Sanctions In Habeas Case
The U.S. attorney for the Middle District of Florida and an assistant U.S. attorney have urged an Orlando federal judge not to sanction them for the government's response to a noncitizen's habeas petition, saying any shortcomings were an "unintentional oversight."
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February 10, 2026
Wash. County Defends Judge's DUI Arrest, Cites Open Alcohol
Sheriff's deputies were justified in arresting a sitting Washington judge on suspicion of DUI given his "bloodshot and watery eyes," admission of drinking earlier that evening and refusal to perform sobriety tests, Grays Harbor County told a Washington federal court in a filing seeking to throw out the ex-judge's suit.
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February 10, 2026
Audit Watchdog Says Anonymous Challenger Must Reveal ID
The Public Company Accounting Oversight Board has told the D.C. Circuit that a man anonymously challenging the constitutionality of the audit watchdog should be required to identify himself, arguing that he has offered "almost nothing to substantiate his claimed need for privacy."
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February 10, 2026
Fulton Election Raid Relied On Trump Allies' Testimony
The FBI's raid last month on the election operations center in Fulton County, Georgia, was premised in part on a referral from a former campaign lawyer for President Donald Trump and the testimony of two Georgia elections officials whom Trump once called his "pitbulls," according to affidavits unsealed Tuesday.
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February 10, 2026
Tom Goldstein To Testify At Tax Trial Wednesday
SCOTUSblog co-founder Thomas Goldstein will take the stand in his tax fraud trial Wednesday, after the government rested its case with an IRS agent tallying up $3.6 million that she said went unreported on his 2016 tax return.
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February 10, 2026
DC Circ. Seeks End To Atty Fight Over Fees From IRS Deal
The D.C. Circuit wants to stop a fight over almost $800,000 in attorney fees from a suit against the Internal Revenue Service that was settled years ago, telling the parties' counsel during oral arguments Tuesday they'd like to put the matter to bed for good.
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February 10, 2026
Texas Justices Seek 'Universal' Rule On Pretrial Motions
A Texas Supreme Court justice on Tuesday pressed Attorney General Ken Paxton's office for more specifics on his position that a trial court implicitly ruled on a jurisdictional challenge in litigation over the $10 billion price tag for Austin's planned light rail system, suggesting a "universal rule" was needed.
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February 10, 2026
Former Teachers Union Leaders Get Prison For Stealing $2.6M
A Florida federal judge has sentenced the former president and vice president of a Jacksonville teachers union to prison for embezzling more than $2.6 million in union funds, the U.S. Department of Justice announced Tuesday.
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February 10, 2026
Circuit Split Brewing Following 5th Circ.'s No-Bond Ruling
The Fifth Circuit's split ruling blessing the Trump administration's mandatory immigration detention policy won't be the final say on the matter, but it could supercharge efforts to concentrate detained immigrants there while other circuits weigh the policy's legality.
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February 10, 2026
FirstNet Reauthorization Bill Advances To Full Committee
A bill that would renew the First Responder Network Authority for just over a decade sailed through a House subcommittee hearing Tuesday afternoon and is now headed to the full committee for a vote.
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February 10, 2026
Amazon Calls FTC Allegations Of Hidden Documents 'Reckless'
Amazon.com assailed the Federal Trade Commission for accusing it of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, asking a Washington federal judge to appoint a special master to handle the "inflammatory, close-of-discovery filings."
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February 10, 2026
Financial Services Forum Taps Ex-Truist Exec For GC
Banking industry group Financial Services Forum has hired a general counsel who most recently was a senior Truist Financial Corp. lawyer and who previously worked at the Federal Reserve Board of Governors as senior counsel in its legal division.
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February 10, 2026
Feds Float Strict 100% 'Buy America' EV Chargers Mandate
The Trump administration Tuesday proposed that only electric vehicle charging stations built with 100% American-made components can be eligible for federal funding, setting a stringent new requirement that would make it tougher for such projects to get off the ground.
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February 10, 2026
IHS To Phase Out Mercury Dental Fillings By 2027
The Indian Health Service has announced it will phase out the use of dental fillings containing mercury at its facilities over the next year.
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February 10, 2026
Trump Is Owed Deference On Harvard Student Block, DOJ Says
The U.S. Department of Justice told the First Circuit this week that President Donald Trump's expansive authority over foreign affairs calls for it to overturn a ruling that blocked a proclamation suspending the ability of foreign students to enter the country to attend Harvard.
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February 10, 2026
Lutnick Rules Out Creating Value-Based Fees For Patents
Commerce Secretary Howard Lutnick told a Senate panel Tuesday that the government is not planning to establish new fees for U.S. patents based on their value, saying the idea he was reportedly considering "is not going anywhere."
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February 10, 2026
NLRB Dismisses SpaceX Charges Over Jurisdiction Shift
The National Labor Relations Board has ended a case alleging SpaceX illegally fired critics of boss Elon Musk after the agency that oversees airlines labor relations claimed jurisdiction over the rocket maker.
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February 10, 2026
Ex-Cop Claims Retaliation For Reporting Mayoral Misconduct
A former assistant police chief in North Carolina says he was pushed out after accusing his boss of helping town officials cover up mayoral misconduct, including a traffic stop involving the mayor and a late night visit to town hall in which the mayor allegedly appeared on security footage without pants.
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February 10, 2026
Mich. Judge Blasts DOJ's 'Non-Existent' Voter Roll Claim
Michigan officials will not have to turn over unredacted statewide voter registration lists to the U.S. Department of Justice, after a federal judge ruled that none of the statutes cited by the government require the state to turn over voters' sensitive personal information.
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February 10, 2026
9th Circ. Says DHS Likely To Beat TPS Termination Challenge
The Ninth Circuit has hit pause on a district court's order that vacated the Trump administration's termination of temporary protected status for immigrants from Honduras, Nicaragua and Nepal, saying the administration will likely succeed on challenging the vacatur order.
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February 10, 2026
9th Circ. Panel Wary Of Reviving Wash. Gas Appliance Suit
Ninth Circuit judges appeared skeptical Tuesday of a building industry coalition's argument that the Washington State Building Code Council and state attorney general can be sued over a regulation limiting natural gas appliances in new construction.
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February 10, 2026
Wash. Judge Won't Block Racial Equity Housing Program
A nonprofit aimed at "overcoming identity politics" cannot preliminarily block a Washington state housing program designed to reduce racial disparities in homeownership, a Seattle federal judge ruled, saying the group has not shown it is likely to succeed on its claim that the program is unconstitutional.
Expert Analysis
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Utah's AI Prescription Renewal Pilot Could Inform Policy
Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.
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Radiation Standard Shift Might Add Complications For Cos.
In keeping with the Trump administration's focus on nuclear energy, the U.S. Department of Energy recently announced that it will eliminate the "as low as reasonably achievable" radiation protection standard for agency practices and regulations — but it is far from clear that this change will benefit the nuclear power industry, say attorneys at K&L Gates.
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Bipartisan Enforcement Is Rising In Consumer Finance
Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.
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How Attorneys Can Navigate Shifts In Financing Landscape
Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.
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A Primer On Law Enforcement Self-Defense Doctrine
In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.
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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.