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Public Policy
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February 18, 2026
Nicotine Pouch Co. Says FDA Unfairly Applies Tobacco Regs
A nicotine oral pouch maker is suing the U.S. Food and Drug Administration in D.C. federal court, saying the agency is arbitrarily requiring it to perform the same health studies for premarket authorization as tobacco products, despite acknowledging that its products have fewer health risks than cigarettes or other tobacco products.
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February 18, 2026
States, Unions Urge DC Circ. To Block Haiti TPS Termination
California-led states and a coalition of unions urged the D.C. Circuit to deny the Trump administration's push to end temporary protected status for Haiti during an ongoing legal challenge, arguing it would harm families, communities and the economy.
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February 18, 2026
Anti-Abortion Clinics Lose Free Speech Suit Over Mass. Ads
A Massachusetts federal judge has tossed a lawsuit over a state-funded ad campaign warning consumers about potentially misleading or inaccurate information provided by a group of anti-abortion pregnancy resource centers, finding that the state hadn't prohibited the clinics from operating — and that the public officials have the same free speech rights as the clinics.
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February 18, 2026
Mass. Police Union Head, Lobbyist Get Prison For Kickbacks
A federal judge on Wednesday sentenced the former head of the Massachusetts State Police union and a Boston lobbyist to two years and 15 months in prison, respectively, after the pair were convicted of orchestrating a kickback scheme.
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February 18, 2026
US Could Hit Russian Palladium With Triple-Digit Duties
Russian palladium entering the U.S. is being sold at less than fair value, which could result in triple-digit antidumping duties on the imports, the U.S. Department of Commerce said Wednesday.
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February 17, 2026
Democrats Fight Asylum Turn-Back Policy At Supreme Court
A group of 26 congressional Democrats urged the U.S. Supreme Court on Tuesday to find that a currently rescinded policy to physically block asylum-seekers at the southern border violates federal immigration law, arguing Congress never intended such a statutory interpretation.
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February 17, 2026
Fulton County Slams 'Unjustified' Election Records Raid
Fulton County on Tuesday again asked a Georgia federal court to order the federal government to return property that it contends was "improperly seized" by the FBI in a raid of its elections operations center last month, arguing that the federal government omitted "numerous material facts" in seeking a search warrant.
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February 17, 2026
Md. Judge Bars ICE From Redetaining Kilmar Ábrego García
A Maryland federal judge Tuesday barred the Trump administration from again taking Kilmar Ábrego García into U.S. Immigration and Customs Enforcement custody, saying the administration could not "rewrite the history" of the case in pushing for his redetention.
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February 17, 2026
Dismissal Of FTC Merger Rule Shows Nothing 'Broken' To 'Fix'
Some antitrust practitioners see vindication in last week's Texas federal court decision throwing out the Federal Trade Commission's premerger reporting overhaul, saying it gives credence to arguments that U.S. antitrust enforcers were trying to plug holes in merger review where there were none.
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February 17, 2026
6th Circ. Refuses To Pause CDC's Puppy Import Requirements
The Sixth Circuit has refused to block a Centers for Disease Control and Prevention rule requiring dogs to be at least six months old and microchipped before they can be imported, holding that a hunting and fishing alliance likely won't be able to show that the CDC lacked the authority to issue the rule.
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February 17, 2026
NC Town Files Latest PFAS Suit Against 3M, DuPont
A Tar Heel State municipality has accused 3M, DuPont, Chemours and more than a dozen other chemical and firefighting‑foam manufacturers of concealing risks and environmental contamination from per- and polyfluoroalkyl substance (PFAS)‑laden foam used at the town's fire training facility in a lawsuit filed in North Carolina state court.
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February 17, 2026
Goldstein Tax Trial Heads To Closing Args As Defense Rests
Jurors in SCOTUSblog founder Thomas Goldstein's tax fraud trial will hear closing arguments Wednesday, after the final two witnesses in the monthlong proceeding took the stand, and new emails regarding Goldstein's efforts to conceal poker debts came to light Tuesday.
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February 17, 2026
States Hit Discovery Roadblocks In HPE Merger Fight With DOJ
A California federal judge mostly sided with the Justice Department on Tuesday on the latest discovery disputes in state attorneys general's challenge to a DOJ settlement greenlighting Hewlett Packard Enterprise's $14 billion Juniper acquisition, ruling that HPE doesn’t need to reveal who's bidding for divested assets, and refusing to delay deadlines.
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February 17, 2026
Okla. Officials Look To Toss Creek Nation's Hunting Suit
A special prosecutor for Oklahoma's governor and the state's wildlife conservation director have asked a federal court judge to throw out the Muscogee Creek Nation's hunting rights lawsuit, saying the tribe has gone along with state hunting regulations for more than a century.
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February 17, 2026
Waste Co. Republic Sued Over Alleged Seattle River Pollution
Waste management company Republic Services was hit with a Clean Water Act lawsuit in Washington federal court Friday by an environmental watchdog group for allegedly releasing polluted water from an industrial site near Seattle's Duwamish River.
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February 17, 2026
AI's Needs Outpace Broadband Infrastructure, Report Says
The "artificial intelligence boom" is going to mean slower internet speeds for consumers if Congress doesn't do something to make commercial spectrum less scarce, according to a new report from a conservative-leaning policy group.
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February 17, 2026
OCC Floats New Appeals Board To Hear Bank Exam Disputes
The Office of the Comptroller of the Currency is moving to overhaul its internal appeals process for banks, pitching a new review board and other changes that could make challenges to examiner findings more common and more likely to succeed.
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February 17, 2026
CFTC Backs Prediction Markets In 9th Circ. Fight With Nevada
U.S. Commodity Futures Trading Commission Chair Michael Selig told state gaming regulators Tuesday that he intends to defend his agency's "exclusive jurisdiction" over prediction markets, starting with a brief to the Ninth Circuit backing Crypto.com in an ongoing brawl with Nevada regulators over its sports wagers.
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February 17, 2026
Colo. Utility Advocates Dispute Energy Financing Program
The Colorado Office of the Utility Consumer Advocate, or UCA, claimed in Colorado state court Friday that a recent decision to approve a tariffed on-bill financing program to help customers purchase energy efficiency upgrades violates state law.
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February 17, 2026
FCC Investigating Possible Lifeline Fraud In Calif., Beyond
Lifeline providers in states that were allowed to opt out of the federal verification process might soon find themselves in the hot seat, as the Federal Communications Commission revealed Tuesday it has launched investigations into certain providers from three states.
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February 17, 2026
Wash. Governor Demands Changes To Millionaires' Tax Bill
A proposal for a nearly 10% tax on income above $1 million that has passed the Washington state Senate is a good start, but it needs significant changes before it gets his signature, Democratic Gov. Bob Ferguson said Tuesday.
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February 17, 2026
No Need To Reopen Asbestos Suit, Insurance Exchange Says
An insurance exchange for the trucking industry has told a California federal judge he does not need to reopen its case against a group of reinsurers as the parties battle whether to remove a "side-switching" arbitrator, explaining that a New York state court will likely rule soon on the issue.
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February 17, 2026
Judge Trims Moderna's Defenses In COVID Patent Suit
A federal judge sitting in Delaware on Tuesday ruled that Moderna could not use obviousness to defend itself from patent claims brought by a rival vaccine developer since it already used that as a defense in related Patent Trial and Review Board proceedings, saying that Moderna had offered expert opinions to support a defense that the patents don't sufficiently teach about the claimed invention.
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February 17, 2026
Harvard Beats Suit By Prof Denied Tenure After Viral Incident
Harvard University scored a pretrial win Tuesday in a Massachusetts state court suit brought by a professor who said the school wrongly denied him tenure after several incidents, including emails to a Chinese restaurant over a $4 overcharge that went viral.
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February 17, 2026
9th Circ. Clears Way For Nev. Gaming Action Against Kalshi
The Ninth Circuit on Tuesday denied Kalshi's request to keep its sports event contracts safe from Nevada gaming regulators, clearing the way for the state to bring a civil enforcement action against the online trading platform.
Expert Analysis
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How Developers Can Harness New Texas Zoning Framework
A Texas law introducing a new zoning framework has the potential to unlock meaningful multifamily development opportunities, but developers and their project teams should follow four steps to help identify how affected cities are interpreting and implementing the new law, says Angela Hunt at Munsch Hardt.
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Where States Jumped In When SEC Stepped Back In 2025
The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.
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2026 Enforcement Trends To Expect In Maritime And Int'l Trade
The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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Streamlining Product Liability MDLs With AI And Rule 16.1
With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.
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USCIS Asylum Pause Could Drive Federal Mandamus Filings
U.S. Citizenship and Immigration Services' recent freeze on asylum applications is likely to accelerate Administrative Procedure Act unreasonable delay and writ of mandamus filings, making it important for practitioners handling such cases to familiarize themselves with the mandamus framework and evidentiary standards, says Kemal Hepsen at Mandamus Lawyers.
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SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models
The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.
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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.