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Public Policy
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February 13, 2026
How Attorneys Are Handling A Patent Review 'Sea Change'
Major changes to the America Invents Act patent review system over the past year have put limits on challenges, requiring patent challengers and owners to rethink their strategies. Here's how attorneys on both sides are calibrating their arguments to have the best chance of success in the new landscape.
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February 13, 2026
Palm Beach Says Homeowner's Private Beach Suit Is Too Late
The town of Palm Beach, Florida, urged a federal court to rule that a homeowner can't claim ownership of their entire beachfront property, arguing Friday that public use existed before the homeowner bought the parcel and the suit alleging illegal land taking was filed beyond the statute of limitations.
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February 13, 2026
Fuel Credit Regs Clear Clouds Over Middleman Sales
The U.S. Treasury Department's move to allow domestic clean fuel producers selling to intermediaries to qualify for the production tax credit under newly released proposed rules recognizes the industry's commercial realities and clears up uncertainty that had been hindering the market, practitioners said.
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February 13, 2026
Ga. Nursing Board Faces Suit Over Student Placement Policy
The Georgia Board of Nursing is violating federal antitrust law with a "protectionist" policy that prevents online and out-of-state nursing programs from placing their students at Georgia facilities for clinical rotations, an online college told a federal court.
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February 13, 2026
Canadian, Indian Citric Acid Facing US Duty Probes
The U.S. Department of Commerce has opened investigations into imports of citric acid and citrate salt from Canada and India to the U.S. that may be benefiting from foreign subsidies and being sold at less than fair value, it announced Friday.
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February 13, 2026
Commerce Finds Chinese Anodes Being Subsidized, Dumped
Anode materials imported into the U.S. from China are facing significant anti-dumping and countervailing duty orders after the U.S. Department of Commerce determined they are being subsidized and sold at less than fair value, it said Friday.
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February 13, 2026
'Conjecture' Frees Duke Energy From Climate Change Suit
Duke Energy Corporation was freed from a North Carolina town's novel lawsuit seeking to hold the utility accountable for climate change-related damages after a North Carolina Business Court judge ruled it presented questions that would force a jury into "utter conjecture."
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February 13, 2026
EU Announces Duties Against Korean, Taiwanese Plastics
Imports of a plastic with a wide range of uses from South Korea and Taiwan into the European Union and an amino acid imported from China were hit with antidumping duties Friday, the European Commission announced.
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February 13, 2026
Blair's Think Tank Urges UK Gov't To End Energy Windfall Tax
The U.K.'s Labour government must phase out the windfall tax on the energy industry and lift the ban on new oil and gas drilling licenses in the North Sea to increase revenue long term, the Tony Blair Institute said Friday.
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February 13, 2026
DHS Terminating Temporary Protected Status For Yemen
U.S. Department of Homeland Security Secretary Kristi Noem on Friday said she has decided to terminate temporary protected status for Yemen.
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February 13, 2026
DOJ Suit Alleges Harvard Withholding Admissions Data
The Trump administration hit Harvard University with a suit Friday claiming that the college has illegally withheld data necessary to determine whether it is following the U.S. Supreme Court's landmark ruling outlawing affirmative action in admissions.
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February 12, 2026
Judiciary Issues 'Rule Of Law' Ethics Guidance For Judges
Federal judiciary advisers Thursday sought to clarify ethical boundaries for judges wading into politically charged legal waters, saying jurists can rebut "illegitimate criticism" and urge stronger security amid fears of violence while also eschewing "demeaning" or "acerbic" rhetoric.
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February 12, 2026
Trump Admin. Blocked From Cutting $600M In Health Funding
An Illinois federal judge on Thursday temporarily blocked the Trump administration from terminating more than $600 million in public health funding to four Democratic-led states, saying the states will likely succeed in showing they are unconstitutionally being targeted due to political or policy objectives.
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February 12, 2026
FTC Merger Filing Overhaul Thrown Out
The Federal Trade Commission hasn't shown the costs on merging companies outweigh the claimed benefits of dramatically increasing the amount of information that must be provided upfront when giving notice of a transaction, a Texas federal judge said Thursday, throwing out the commission's overhaul of premerger reporting requirements.
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February 12, 2026
5 Key Flashpoints From Fed's 'Skinny' Account Proposal
The Federal Reserve's push to create "skinny" master accounts that would open up access to U.S. payment rails has become the latest front in long-running turf wars between banks and fintech companies. Here are five of the project's hottest flashpoints attracting controversy.
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February 12, 2026
EPA Targets High Court Do-Over With GHG Rule Repeal
The Trump administration's removal of the link between greenhouse gases and public health takes aim at the U.S. Supreme Court's 2007 landmark determination that GHGs are air pollutants, and will spark a prolonged battle with consequent uncertainty for industries.
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February 12, 2026
Affairs, Spending Come Out In Goldstein Cross-Examination
SCOTUSblog founder Thomas Goldstein was confronted Thursday with allegations of extramarital affairs, lavish spending and lies on asset disclosures, all in front of the jury in his ongoing tax fraud trial.
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February 12, 2026
5th Circ. Upholds Texas Ban On Compensated Vote Harvesting
The Fifth Circuit on Thursday reinstated enforcement of Texas' felony ban on compensated vote harvesting, saying that hypothetical scenarios are not enough to claim that a law is unconstitutional.
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February 12, 2026
US Sets 15% Tariff On Taiwanese Imports In Trade Deal
Taiwan has agreed to lift nearly all of its tariffs on U.S. imports and pledged to purchase nearly $85 billion in American goods in exchange for a 15% tariff on Taiwanese goods, according to a reciprocal trade deal signed Thursday.
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February 12, 2026
DC Judge Skeptical Funding Lapse Settles ICE Visit Policy Row
A D.C. federal judge considered Thursday whether the U.S. Department of Homeland Security permissibly used a funding gap to freshen up a policy requiring a week's notice for congressional oversight visits, or if a longstanding spending rider prohibits the move.
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February 12, 2026
7th Circ. Takes Up BIPA Amendment's Retroactivity
The Seventh Circuit heard arguments Thursday over whether a liability-limiting amendment to Illinois' biometric privacy law has retroactive application to lawsuits filed before it took effect, with one judge on the panel saying it seemed like "billions of dollars of consequences turn on how we label the change."
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February 12, 2026
Challenge To 3D-Printed Gun Law Fails, 3rd Circ. Rules
The First Amendment does not protect the distribution of "purely functional code" that would allow for the 3D printing of guns, the Third Circuit ruled Thursday, ending a challenge to a New Jersey law from a Texas-based firearm company and a gun rights group.
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February 12, 2026
IRS Guidance Offers Relief In Energy Credits' Sourcing Limits
The IRS issued interim guidance Thursday providing two safe harbor options for clean energy facilities or manufacturers of energy components to determine the extent to which they received material assistance from an entity tied to a foreign government that the U.S. deems adversarial.
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February 12, 2026
Row Over Forensic Expert Testimony Hits NC High Court
Prosecutors are urging North Carolina's highest court to uphold a drug conviction thrown out on appeal, saying an appellate court deemed a key forensic expert's trial testimony unconstitutional using a flawed interpretation of the U.S. Supreme Court's 2024 decision in Smith v. Arizona.
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February 12, 2026
SEC's Atkins Rejects Top Dem's Crypto Corruption Claims
U.S. Securities and Exchange Commission Chairman Paul Atkins on Thursday pushed back on claims his agency dropped against cryptocurrency firms as a political favor to President Donald Trump, telling Senate Democrats a "changed attitude" by the commission led to the dismissals.
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.