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Public Policy
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February 04, 2026
NY Judge Says Child Custody Case Belongs In Navajo Court
A New York state family court judge has said he won't exercise jurisdiction in a domestic abuse and child custody case that originated in a Navajo Nation court, ruling that the Indian Child Welfare Act requires states to honor tribes' judicial proceedings in child custody disputes.
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February 04, 2026
2 Killings Are Reshaping ICE Strategy. States Also Have Plans.
The killings of Renee Good and Alex Pretti in Minneapolis in separate immigration enforcement episodes have become a fresh catalyst for state lawmakers who are moving on legislation to limit federal agents' tactics or deepen cooperation with them, despite looming constitutional fights over how far states can go.
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February 04, 2026
Drugmaker Claims Stake In La. Mail-Order Abortion Meds Row
An abortion medication manufacturer asserted its right Wednesday to defend mifepristone, moving to intervene in a federal lawsuit over mail-order abortion medication brought by Louisiana alleging that regulators violated federal law by removing an in-person dispensing requirement for the drug.
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February 04, 2026
Ex-Pentagon GC Joins Bradley Arant's National Security Team
Bradley Arant Boult Cummings LLP has hired the former legal adviser to the National Security Council, who is joining the team in Nashville, Tennessee, and Washington, D.C., to work with the firm's Government Enforcement & Investigations and Defense & National Security teams, the firm announced Tuesday.
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February 04, 2026
Express Scripts Makes 'Fundamental Changes' In FTC Deal
Express Scripts on Wednesday agreed to what the Federal Trade Commission called a "landmark settlement" promising major changes to its drug formulary practices, allowing the company to duck out of a case accusing all three of the country's largest pharmacy benefit managers of inflating insulin prices through rebate schemes.
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February 04, 2026
Ex-NJ Enviro Chief Credits Lawyering For Successes
When he departed his job as an environmental lawyer at Gibbons PC to serve as New Jersey's environmental regulator in 2018, Shawn LaTourette showed up equipped with both public service and private practice experience in navigating the Garden State's notorious pollution.
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February 04, 2026
Feds Vow New Effort To Protect Privacy Of Epstein's Victims
A Manhattan federal judge said Tuesday evening that women abused by Jeffrey Epstein have resolved privacy complaints stemming from the government's release of documents related to the deceased financier's sex crimes, after the victims' lawyers flagged widespread deficiencies.
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February 03, 2026
OCC Urged To Scrap Escrow 'Giveaway' To Banks
Consumer advocates are urging the Office of the Comptroller of the Currency to abandon proposals they say would let national banks unfairly profit off homeowners' escrowed money, warning the plan unlawfully revives a rejected deregulatory playbook.
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February 03, 2026
En Banc 5th Circ. Wipes Out Airline Fees Disclosure Rule
The full Fifth Circuit on Tuesday vacated a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, this time holding that the U.S. Department of Transportation's failure to properly consider public comments warrants doing away with the rule altogether.
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February 03, 2026
Feds Look To Trim Cross-Claims In Yellowstone Bison Suit
The Interior Department has asked a Montana federal judge to toss the Cottonwood Environmental Law Center's challenge to the government's bison population management plan in Yellowstone National Park, saying it does not have a legally protectable interest in the case.
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February 03, 2026
Tribes Accuse Coinbase Of Siphoning Ill. Gambling Revenue
The Indian Gaming Association, tribal gambling groups and 23 Native American tribes have urged an Illinois federal judge to toss cryptocurrency exchange Coinbase's suit against the state as it tries to prohibit the company from offering event contracts to consumers as a form of sports betting.
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February 03, 2026
Ex-Fed Adviser Acquitted Of Espionage Conspiracy Charge
A Washington, D.C., federal jury Tuesday acquitted a former senior adviser to the Federal Reserve Board of Governors of conspiring to steal confidential data for Chinese intelligence.
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February 03, 2026
DOJ, AGs Lodge Cross-Appeal Over Google Search Remedies
The U.S. Department of Justice and state enforcers on Tuesday launched an appeal of a D.C. federal judge's scaled-back remedies in their case targeting Google's search monopoly, after the tech giant filed its own appeal to knock out the penalties.
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February 03, 2026
Goldstein Knew What Was On His Returns, Accountant Claims
The top outside accountant handling tax returns for SCOTUSblog founder Thomas Goldstein and his law firm said Tuesday that Goldstein wasn't forthcoming about his gambling records and that he firmly believed the former U.S. Supreme Court attorney knew what was in his allegedly false tax returns when they were filed.
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February 03, 2026
7th Circ. Probes Due Process For Ill. ICE Detainees
A Seventh Circuit judge Tuesday asked the Trump administration to square its position that immigrants unlawfully in the United States have no due process rights with Supreme Court rulings that held otherwise, as the appellate court mulls the bid to block two orders addressing warrantless arrests of hundreds of immigrants.
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February 03, 2026
Squires And Stewart's Patent Office, By The Numbers
The U.S. Patent and Trademark Office has seen sweeping changes under Director John Squires and Deputy Director Coke Morgan Stewart, ranging from pro-patent owner policies at the Patent Trial and Appeal Board to employment shake-ups that have prompted departures from the agency.
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February 03, 2026
Wash. Justices To Review Restaurant's $1M COVID Penalty
The Washington State Supreme Court has decided to take up a restaurant's appeal of nearly $1 million in fines that regulators imposed against the eatery for offering indoor dining services during the COVID-19 pandemic, in violation of the governor's emergency proclamation.
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February 03, 2026
Guam Defends Bid To Appeal Loss Of Military Leave Suit
A retirement fund for Guam government employees fired back at the federal government's attempt to prevent it from appealing an order finding the fund and Guam liable for shortchanging pension contributions for employees who take paid leave while serving in the military.
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February 03, 2026
NC County Faces Suit For Obstructing State Housing Benefit
A North Carolina county misapplied state law and violated the state's constitution in retroactively deeming adult care home residents ineligible for state benefits based on a county commissioner's former ownership of those homes, according to a lawsuit filed Monday in North Carolina federal court.
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February 03, 2026
Trump Admin Can't Gut CFPB Off The Books, DC Circ. Told
The Consumer Financial Protection Bureau's employee union has urged the full D.C. Circuit to uphold a lower court order blocking sweeping cuts at the agency, arguing the Trump administration's legal theory for lifting the order would allow officials to dismantle an agency so long as they don't "put it in writing."
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February 03, 2026
Pretti Killing Highlights Free Speech And Gun Rights Tension
The killing of Alex Pretti, a 37-year-old U.S. citizen and lawful gun owner, by federal immigration enforcement agents in Minneapolis last month brought to the fore a long-standing tension between two constitutional rights that the U.S. Supreme Court has never resolved, legal experts say.
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February 03, 2026
Netflix, Warner Bros. CEOs Defend Merger Before Congress
In a congressional hearing Tuesday, the CEO of Netflix distanced himself from any notion President Donald Trump has undue influence in the review process of the streaming company's proposed $82.7 billion acquisition of Warner Bros., despite the president's assertion that he will be "involved" with the merger review.
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February 03, 2026
4 Things To Know As DOL Pitches Transparency For PBMs
The U.S. Department of Labor's proposal to require pharmacy benefit managers to give employer-provided health plans detailed information on fees and compensation is a welcome development, benefits attorneys on both sides of the bar say. Here, Law360 looks at four things to know about the proposed regulations.
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February 03, 2026
FCC Says 8th Circ. Media Ruling Clears Path For Deals
The Federal Communications Commission made it clear Tuesday that broadcasters have more leeway to own two leading stations in a local market following the Eighth Circuit's toss last year of the agency's long-standing bar on owning more than one major network affiliate in a single market.
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February 03, 2026
TikTok, Cellspin Duel On Effects Of Sale In Patent Challenge
TikTok has told the U.S. Patent and Trademark Office that the sale of its majority stake in its U.S. operations to a new joint venture should eliminate a patent owner's argument that the app's alleged relationship with the Chinese Communist Party should tank its patent challenges.
Expert Analysis
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How Mamdani Will Shift NYC Employment Law Enforcement
Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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2025's Most Notable State AG Activity By The Numbers
State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Montana Ruling Reaffirms Record-Based Enviro Analyses
A Montana federal court's recent decision in Center for Biological Diversity v. U.S. Forest Service, vacating permits for logging near Yellowstone National Park, is a reminder that, despite attempts to pare back National Environmental Policy Act reviews, agencies must still properly complete such reviews before projects are approved, say attorneys at ArentFox Schiff.
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Banking M&A Outlook Reflects Favorable Regulatory Climate
The banking mergers and acquisitions environment is starting 2026 with a rare alignment of favorable market conditions and a more permissive regulatory atmosphere, creating a clear window for banks to pursue transformative combinations and shape the competitive landscape, say attorneys at Reed Smith.
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How Rule 16.1 Streamlines And Validates Mass Tort Litigation
The new Rule 16.1 of the Federal Rules of Civil Procedure not only serves a practical purpose by endorsing early, structured case management and dispositive motion practice in multidistrict litigation, but also explicitly affirms the importance of MDL practice in the justice system, says Rocco Strangio at Milestone.
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ERISA Litigation Trends To Watch With 2025 In The Rearview
There were significant developments in Employee Retirement Income Security Act litigation in 2025, including plaintiffs pushing the bounds of sponsor and fiduciary liability and defendants scoring district court wins, and although the types of claims might change, ERISA litigation will likely be just as active in 2026, say attorneys at Groom Law.
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2025's Defining AI Securities Litigation
Three securities litigation decisions from 2025 — involving General Motors, GitLab and Tesla — offer a preview of how courts will assess artificial intelligence-related disclosures, as themes such as heightened regulatory scrutiny and risk surrounding technical claims are already taking shape for the coming year, say attorneys at Cooley.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Key Trends For Life Sciences Cos. To Watch In 2026
Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.
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What To Know About NY's Drastic 3rd-Party Practice Changes
Last month, New York Gov. Kathy Hochul signed a law establishing new time limits for the commencement of third-party actions, which will have dramatic effects on insurance defense practice, particularly cases involving construction site accidents or claims of premises liability, says Shawn Schatzle at Lewis Brisbois.
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Series
Mass. Banking Brief: All The Notable Legal Updates In Q4
Among the most significant developments on the banking regulation front in Massachusetts last quarter, Attorney General Andrea Joy Campbell announced her bid for reelection, and the state Division of Banks continued its fintech focus by finalizing rules implementing a new money transmitter law, say attorneys at Nutter.
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3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine
A trio of decisions from courts in the District of Columbia Circuit, including a recent order compelling prosecutors to return materials seized from James Comey’s former attorney, makes clear that continued government possession of digital evidence may implicate the Fourth Amendment, says Gregory Rosen at RJO.