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Public Policy
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February 18, 2026
Will Jurors Penalize AI? Study Examines Trade Secrets Impact
A forthcoming academic study suggests juries may treat AI-enabled actions more harshly than human conduct in trade secrets disputes, resulting in what the authors call an “AI penalty.” Attorneys say reality is more complicated.
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February 18, 2026
Judge Rejects FTC's Emergency Bid To Spare Merger Rule
The Federal Trade Commission has just until Thursday to obtain Fifth Circuit intervention after a Texas federal judge refused Wednesday to extend his seven-day pause on the order scrapping the agency's premerger reporting overhaul.
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February 18, 2026
Conn. Justice Tackles Precedent, AI In Renomination Hearing
Answering a question about abortion rights during a renomination hearing Wednesday, a cautious Connecticut Supreme Court justice said courts must be mindful when overruling past decisions, questioning whether the doctrine of stare decisis, or allowing past opinions to stand, could become "not much of a doctrine at all."
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February 18, 2026
Journalists, Unions Urge Court To Keep In Place Layoffs Suit
The deputy CEO of the U.S. Agency for Global Media did not have the authority to fire over 500 Voice of America employees, a coalition of journalists and federal employee unions has told a D.C. federal court, asking that their lawsuit challenging the terminations be allowed to proceed.
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February 18, 2026
State Law Matters More For Bankruptcy Tolling, NC Justices Told
A real estate rental agency told North Carolina's high court Wednesday that it didn't miss its chance to collect a $507,000 debt because a decade-long statute of limitations period for judgment renewal was tolled by the debtor's bankruptcy.
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February 18, 2026
Illinois' Pritzker Proposes Social Media Tax To Fund Education
Illinois Gov. JB Pritzker proposed Wednesday that the state levy a new tax on social media companies with at least 100,000 users in the state and direct the money raised to education as part of a $56 billion budget plan he unveiled for fiscal 2027.
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February 18, 2026
Amazon Rips FTC's 'Farfetched' Antitrust Discovery Refusals
Amazon slammed the Federal Trade Commission on Tuesday for treating discovery "as a one-way road" in the agency's antitrust case against the e-commerce giant, calling on a Seattle federal judge to again order the agency to cough up answers that the company says are key to formulating its defense.
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February 18, 2026
4th Circ. Backs Military Policy Banning HIV-Positive Enlistees
The Fourth Circuit on Wednesday upheld a U.S. Department of Defense policy that bans HIV-positive Americans from enlisting, deferring to the military's judgment that it must have healthy and fit service members who do not require consistent treatment for chronic medical conditions.
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February 18, 2026
Ga. Railroad Defends Land Seizures In Eminent Domain Fight
A small Georgia railroad operation urged a state appellate court Wednesday to uphold successive rulings by the state's utility commission and a trial court to allow condemnation of landowners' property to build a new spur in its network and to lift the stay that's currently holding up construction.
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February 18, 2026
Tesla Scores FCC Waiver For EV Positioning Technology
Tesla has convinced the Federal Communications Commission to make some exceptions to its rules for ultra-wideband devices — specifically a requirement that they be handheld — so that it can use the technology to help its vehicles self-park on charging pads.
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February 18, 2026
Fla. Prison Officials Seek End Of Fired Chaplain's Bias Suit
A former prison chaplain who was fired for refusing to train a female minister failed to exhaust his administrative remedies before filing a suit that amounted to a shotgun pleading, the Florida Department of Corrections has told a federal judge.
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February 18, 2026
Texas AG Says Hospital Violated Gender-Affirming Care Ban
Texas Attorney General Ken Paxton sued the Children's Health System of Texas on Wednesday, alleging it performed gender-affirming care on children through puberty blockers and cross-sex hormones despite a state law banning the treatments.
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February 18, 2026
Okla. Regulators Aim To Toss $4M Hemp Seizure Suit
The Oklahoma Bureau of Narcotics and Dangerous Drugs Control on Wednesday pushed to dismiss a suit from two hemp companies alleging one of its agents illegally seized and ruined $4 million in legal hemp, saying both the agency and the agent have sovereign immunity.
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February 18, 2026
Oklahoma Tribes' Bid For Indian Country Status Denied
A federal court judge has denied four Oklahoma tribes' bid for a declaration that lands within the historic boundaries of their reservations maintain their Indian Country status, saying there's no evidence of a live controversy between the Indigenous nations and Sooner State prosecutors.
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February 18, 2026
EPA Hit With Suit Over Repeal Of Climate Rule
A coalition of public health and environmental groups on Wednesday challenged the U.S. Environmental Protection Agency's decision to repeal a landmark finding that greenhouse gas pollution endangers people's health, calling it a corporate handout at odds with the science and the law.
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February 18, 2026
US, Japan Announce $36B In Projects As Part Of Trade Deal
Japan and its companies will undertake new investments in U.S. manufacturing and energy production facilities that total nearly $36 billion, the U.S. and Japanese governments announced as part of a framework trade agreement and confirmed Wednesday.
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February 18, 2026
Feds Release $130M NY, NJ Gateway Hudson Tunnel Funds
New York and New Jersey officials said Wednesday that construction on the $16 billion rehabilitation of aging commuter train tunnels under the Hudson River would resume next week after the federal government released $130 million in funds that a federal judge in Manhattan recently ruled had been unlawfully frozen.
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February 18, 2026
Migrants Urge Judge To Protect Anonymity In Flight Dispute
Attorneys for three anonymous Venezuelan asylum seekers who claim they were among 49 migrants lured into boarding flights to Massachusetts have urged a federal judge to deny the flight operator's bid to unmask their identities, saying nothing has changed to warrant disclosure.
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February 18, 2026
SpaceX Attacks Studies Opposing NGSO Framework Changes
SpaceX is coming out swinging against other satellite operators who have provided the FCC with studies they say show the new proposed spectrum sharing framework is a bad idea, calling it a "last-ditch effort to muddy the waters" before the agency makes a decision.
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February 18, 2026
Senators Push For Transparency In Litigation Funding
Lawmakers are trying again to rein in third-party litigation financing, a multibillion-dollar industry that critics argue allows foreign entities to assert control of the U.S. legal system.
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February 18, 2026
NY Bill Would Allow Low-THC Drinks In Liquor Stores
A new bill introduced in the New York State Legislature would permit alcohol retailers to sell low-potency cannabis-infused beverages with up to 5 milligrams of THC and impose a new tax on their sale.
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February 18, 2026
FCC Opens 2 Slices Of 900 MHz For Broadband Use
The Federal Communications Commission opened two portions of the 900 megahertz airwaves for expanded broadband use Wednesday, saying it crafted the new rules to avoid disruption with users in nearby spectrum.
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February 18, 2026
IRS Asks Court To Deny Probe Of Improper ICE Data-Sharing
A coalition suing the IRS over its data-sharing deal with immigration enforcement authorities should not be allowed to investigate the agency's revelation that it shared some data improperly, the IRS told a D.C. federal court, saying it made the admission "in good faith."
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February 18, 2026
Feds Ask High Court To Reject Chinook Tribe Recognition
The U.S. Department of the Interior is asking the U.S. Supreme Court to reject a petition by the Chinook Indian Nation that looks to undo a Ninth Circuit order that denied it federal recognition, arguing that the case is a poor vehicle for resolving questions under the 1994 List Act.
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February 18, 2026
No Jurisdiction In Judicial Privacy Law Suits, NJ Court Told
Five data companies said Wednesday that a New Jersey federal court should toss suits alleging they violated the Garden State's judicial privacy law, arguing that they have no presence in the state and do not have enough contacts with it.
Expert Analysis
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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.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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OFAC Sanctions Will Intensify Amid Global Tensions In 2026
The Office of Foreign Assets Control will ramp up its targeting of companies in the private equity, venture capital, real estate and legal markets in 2026, in keeping with the aggressive foreign policy approach embraced by the Trump administration in 2025, say attorneys at Holland & Knight.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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Wis. Sanctions Order May Shake Up Securities Class Actions
A Wisconsin federal court’s recent decision to impose sanctions on a plaintiffs law firm for filing a frivolous Private Securities Litigation Reform Act complaint in Toft v. Harbor Diversified may cause both plaintiffs and defendants law firms to reconsider certain customary practices in securities class actions, says Jonathan Richman at Brown Rudnick.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Reinventing Bank Risk Mgmt. After 2025's Cartel Crackdown
The Trump administration's 2025 designation of certain transnational drug cartels as terrorists means that banks must adapt to a narrowing margin of error in their customer screening and transaction assessments by treating financial crime prevention as a continuous and cross-enterprise concern with national security implications, says Jack Harrington at Bradley Arant.