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Public Policy
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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.
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February 10, 2026
Broker Renews Fight Against $6.6M Civil Fraud Penalties
An insurance broker renewed challenges to a $6.6 million civil fraud tax penalty over its captive deductions by arguing that the assessment required a jury trial, telling a Pennsylvania federal court that recent rulings, including in the Fifth Circuit, have reinvigorated requests the court previously denied.
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February 10, 2026
RealPage Defends Case Challenging NY Rental Pricing Law
Property management software company RealPage is opposing a bid from New York state to toss a lawsuit challenging a new state law that prohibits building owners from using software to set residential rental rates, saying the statute clearly violates the First Amendment by banning advice.
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February 10, 2026
Utah Lawmakers OK Corporate Income Definition Change
Utah would expand its definition of corporate income to include income allocated to the state, under a bill passed by lawmakers that will go to the state's governor.
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February 10, 2026
Coal Exec's Co-Worker Says Emails Hinted At Egypt Bribes
A former coworker testified Tuesday that former Corsa Coal executive Charles Hunter Hobson sent emails as early as 2016 implying that the company's agent in Egypt was bribing officials to buy coal from the company and that he later saw the agent walk into the buyer's office with an envelope allegedly stuffed with cash.
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February 10, 2026
FERC Wins DC Circ. Backing In Power Auction Fight
The D.C. Circuit on Tuesday backed Federal Energy Regulatory Commission orders approving regional grid operator PJM Interconnection's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.
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February 10, 2026
Conn. Bill Would Change Tax On Cannabis Sales
Connecticut would change its tax on adult-use cannabis sales to a standard excise tax instead of a tax based on the percentage of THC in a product under a bill introduced Tuesday in the state House.
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February 10, 2026
Broadcasters Fight 39% Media Ownership Cap In Hill Hearing
TV broadcasters told the U.S. Senate Tuesday that lawmakers never meant to permanently cap national audience share controlled by a single station owner at 39%, as conservative outlet Newsmax argued there's support from both the left and right for keeping the limit in place.
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February 10, 2026
Ga. Reps Introduce Cannabis Legalization Law
A group of Democratic Georgia state representatives have introduced a bill to decriminalize and legalize possession and use of cannabis, dubbed the Georgia Cannabis Freedom and Integrity Act.
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February 10, 2026
NCAA Looks To End Trans Athlete Eligibility Suit For Good
The NCAA has asked a Georgia federal court to snuff out a closely watched suit challenging its eligibility rules for transgender athletes, explaining that it cannot be targeted with a Title IX discrimination complaint because it never received federal funds.
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February 10, 2026
Verizon Vows Future Challenges For Congressional Subpoenas
Amid criticism from Republicans on how Verizon handled subpoenas from special counsel Jack Smith, the general counsel for the telecommunications company told lawmakers on Tuesday that, going forward, they will challenge in court non-disclosure orders preventing notification to members of Congress.
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February 10, 2026
District's Title VI Claims 'Futile' In NY Mascot Fight, Court Told
New York's Board of Regents is fighting a request by a Long Island school district to alter a judgment that dismissed its challenge to the state's ban on the use of Indigenous imagery in public schools, arguing that it has shown no new evidence that would change the dispute's outcome.
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February 10, 2026
Trump Admin Appeals Limits On Protester Deportations
The Trump administration has appealed a Massachusetts federal judge's order restricting its ability to deport noncitizen university professors and students who engaged in pro-Palestinian advocacy, arguing the sanctions went beyond the judge's power.
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February 10, 2026
Congressman Calls For Ban On Unsanctioned Native Symbols
New Jersey Democratic U.S. Rep. Frank Pallone Jr. has introduced a resolution that would ban the use of unsanctioned Indigenous imagery in public schools, saying it is a pushback on the Trump administration's recent efforts to stop state and local officials from retiring the harmful symbols.
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February 10, 2026
Georgia Lawmakers Revive PFAS Liability Shield Bill
Georgia lawmakers have revived an effort to shield the state's carpet and textile industry from liability in suits alleging their use of what are commonly known as forever chemicals, advancing a new version of the legislation out of committee Monday after the bill stalled last year.
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February 10, 2026
DOJ Pushes To Revive Comey, James Indictments
Criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James were brought under a validly serving interim U.S. attorney and, therefore, never should have been dismissed, the U.S. Department of Justice argued in its opening brief in its consolidated appeal before the Fourth Circuit.
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February 10, 2026
Fla. Utility Says City Had No Power To Dissolve It
A utility authority appointed by the Florida Legislature told an appeals court Tuesday that the city of Gainesville is "engaged in insurrection against the state government" by amending its charter to dissolve the agency.
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February 10, 2026
Back Taxes OK'd By Court On Land That Lost Forest Break
An Oregon County assessor was within her rights to revoke a property's special forestland tax assessment and assess higher property taxes for the previous five years, the state Tax Court ruled.
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February 10, 2026
Minn. Judge Won't End TRO Over DHS Refugee Detentions
The Trump administration must continue to refrain from arresting and detaining refugees in Minnesota who haven't yet secured permanent resident status, a Minnesota federal court has ruled, finding no support in the Immigration and Nationality Act for their mandatory detention.
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February 10, 2026
Calif. Judge Blocks State's Push To Unmask Federal Agents
A California federal judge granted the Trump administration's push to block part of a new Golden State law requiring federal agents to stop hiding their faces behind masks, but said another law requiring them to display identification can take effect.
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February 10, 2026
Mass. Local Option Regional Transit Surcharge Plan Advances
Massachusetts would allow groups of municipalities to collectively impose surcharges on certain existing taxes, upon voter approval, for use in transportation efforts under legislation advanced by the Joint Revenue Committee.
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February 10, 2026
Senate Confirms Burrows As DOJ Policy Chief
The U.S. Senate voted 52-46 on Tuesday to confirm Daniel Burrows, a White House official and former chief deputy attorney general of Kansas, to lead the U.S. Department of Justice's Office of Legal Policy.
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February 10, 2026
CBP Gets Cannabis Cos.' Seizure Suit Thrown Out
A New Mexico federal judge has thrown out claims from eight cannabis companies alleging DHS and U.S. Customs and Border Protection violated their Fifth and Tenth Amendment rights by seizing cannabis products, cash and vehicles.
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February 10, 2026
Commerce Probing Possible Aluminum Import Duty Evasion
The U.S. Department of Commerce announced it is opening a countrywide investigation into whether Chinese disposable aluminum packaging that is completed in the United Arab Emirates before being exported to the U.S. is avoiding antidumping and countervailing duties.
Expert Analysis
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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.
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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.