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Public Policy
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February 12, 2026
12 Questions For FCC Chair Brendan Carr
It's been a "banger" of a year at the Federal Communications Commission, says agency chief Brendan Carr, who took over at the outset of President Donald Trump's second term with the goal of cutting regulations and quickly turning over more spectrum to the private sector.
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February 12, 2026
Wash. Justices To Hear Gym's Suit Over COVID-Era Inspection
Washington's highest court will review an appellate ruling that state labor department inspectors violated an Anytime Fitness owner's reasonable expectation of privacy when they tailgated a gym member who used a key card to enter the facility during the COVID-19 pandemic, when businesses were supposed to be shuttered.
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February 12, 2026
DC Judge Won't Bow To DOJ, Public Criticism On TPS Ruling
A D.C. federal judge who said she has been receiving threats and personal insults after she temporarily blocked the Trump administration from terminating Temporary Protected Status for Haitians refused to pause her ruling, saying judges will not be intimidated by public threats.
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February 12, 2026
Bipartisan Bill Targets Scam Ads On Social Media Platforms
Federal lawmakers are pushing to require social media companies to crack down on fraudulent advertising on their platforms under new bipartisan legislation that is drawing praise from banking and consumer groups.
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February 12, 2026
Trump Admin EV Funding Cuts Suits Merged In Wash. Court
A Washington federal judge has consolidated two lawsuits seeking to stop the Trump administration from preventing nearly $2.5 billion in congressionally appropriated funds from going to electric vehicle charging infrastructure programs.
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February 12, 2026
HPE Has 'No Grounds' To Hide DOJ Deal Bidders, AGs Say
Democratic attorneys general challenging the controversial Justice Department settlement permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks have urged a California federal judge to let them see who's bidding for assets up for divestiture, arguing the would-be buyers are an integral part of the agreement's viability.
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February 12, 2026
Tesla Says Case Transfer Boosts Mandamus Bid In PTAB Fight
A Texas federal judge's decision to send patent infringement litigation against Tesla Inc. to California strengthens the automaker's mandamus petition claiming the Patent Trial and Appeal Board wrongly turned away its challenges, Tesla told the Federal Circuit.
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February 12, 2026
DC Circ. Judge Rips Into Insurer In CMS Rating Case
A Louisiana insurer found a tough critic in one D.C. Circuit judge Thursday as it argued that the Centers for Medicare & Medicaid Services used an unfair method to assess its "star ratings" for insurance plans, with the jurist saying the company seemed like it "just wanted whatever interpretation will give you a higher score."
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February 12, 2026
Airbnb Escapes Most Of Conservative Investors' Suit
A Delaware federal judge on Thursday trimmed claims from two institutional shareholders' suit alleging Airbnb wrongfully excluded their shareholder proposals from proxy materials, nixing claims against specific executives and claims about not-yet-released 2026 proxy materials.
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February 12, 2026
FTC's PBM Case Paused For More Deal Talks
Federal Trade Commission staffers are discussing potential settlements with OptumRx and Caremark that could end the agency's case accusing the pharmacy benefit managers of inflating insulin prices, following a recent deal with Express Scripts.
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February 12, 2026
Fla. Court Tosses 'King Of Vape' Suit Against NY Post
A Florida federal court dismissed a defamation complaint that a store owner operating as "The King of Vape" brought against the New York Post over an article referring to him as an "Israel hater" who aided Hamas and also sold illegal nicotine products, saying claims weren't sufficiently alleged.
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February 12, 2026
Hegseth Blocked From Reducing Sen. Kelly's Navy Rank
Sen. Mark Kelly, D-Ariz., secured a court order on Thursday blocking Defense Secretary Pete Hegseth from reducing his U.S. Navy rank after he told members of the military they don't have to follow unlawful orders.
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February 12, 2026
GOP Lawmakers Probe CalPERS's 'Radical' ESG Investments
The chair of the House Education and Workforce Committee and two other Republican lawmakers sent a letter Thursday to California's largest public pension fund, demanding information on whether it prioritized "radical left-wing causes" over protecting retirement savers.
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February 12, 2026
Mass. US Atty Calls ICE Criticism 'Hyperbole,' Praises Agents
Massachusetts U.S. Attorney Leah B. Foley said Thursday that criticism of U.S. Immigration and Customs Enforcement by state and local officials and a lack of cooperation with federal agents is to blame for "chaos in the streets," as she forcefully defended the Trump administration's policies.
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February 12, 2026
Colo. City Faces Bias Suit For 'Sober Living' Housing Policy
The city of Longmont, Colorado, discriminated against individuals recovering from substance abuse by requiring a private recovery housing provider to undergo a site plan approval process that others are not subjected to, the recovery residence provider alleged in federal court.
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February 12, 2026
DC Circ. Is Asked To Vet New DOT Immigrant Truck Driver Rule
Drivers and labor unions on Thursday petitioned the D.C. Circuit to review the U.S. Department of Transportation's new final rule tightening states' screening procedures and eligibility criteria for nondomiciled commercial driver's licenses issued to immigrants.
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February 12, 2026
Calif. Insurance Chief Backs Smoke Standards Bill
California Insurance Commissioner Ricardo Lara announced his support Wednesday for a bill that would establish the nation's first public health and insurance claims standard for homes damaged by smoke contamination.
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February 12, 2026
NC Justices Asked To Decide Gov.'s Power To Appoint Judges
North Carolina Gov. Josh Stein is asking the state's top court to review a decision that let lawmakers curtail his ability to fill judicial vacancies in appellate courts, arguing the ruling defies precedent as well as the state Constitution and must be reversed.
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February 12, 2026
Ex-Pharma Exec Fights AGs' Quick Win Bid In Antitrust Case
A former pharmaceutical marketing executive urged a Connecticut federal court to reject summary judgment sought against him by state attorneys general pursuing wider price-fixing litigation against most of the generic drug industry, arguing key cooperating witnesses' questionable credibility makes a trial necessary.
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February 12, 2026
Senate Recess To Trigger Partial DHS Shutdown This Weekend
The Senate left town on Thursday ahead of their recess, virtually ensuring the U.S. Department of Homeland Security will shut down at midnight on Friday.
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February 12, 2026
Attys Win $626K In Fees In Mich. City Retiree Benefits Suit
A Michigan federal judge awarded $626,777.80 in attorney fees and costs to class counsel who secured expanded pension and healthcare benefits for retired Pontiac city employees, trimming $100,000 from the request for unsupported billing entries.
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February 12, 2026
USMCA Must Be Extended In Joint Review, Senators Told
The U.S. Mexico Canada Agreement should be strengthened and extended given the benefits it has generated for businesses, the former chair of the House Ways and Means Committee told the Senate Finance Committee on Thursday as President Donald Trump's actions cast doubt over the deal's future.
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February 12, 2026
Judge Halts Supermax Transfer For Death Row Prisoners
A D.C. federal judge has barred the Trump administration from transferring a group of prisoners whose death sentences were commuted to life in prison to the federal system's most restrictive prison, finding they are likely to succeed on their claim that the redesignations violate due process.
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February 12, 2026
2nd Circ. Declines To Block TRO On Gateway Tunnel Project
Federal funding for the $16 billion Gateway Tunnel project must resume flowing — at least for now — after the Second Circuit declined on Thursday to pause a district court order requiring the Trump administration to lift its freeze on reimbursements to New York and New Jersey.
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February 12, 2026
Commerce Examining Mexican Strawberries For Antidumping
The U.S. Department of Commerce on Monday opened an investigation into whether winter strawberries imported from Mexico are being sold at less than fair value, coinciding with a U.S. International Trade Commission investigation into possible harms.
Expert Analysis
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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How Changes At The IRS Will Affect Tax Controversy In 2026
Taxpayers will need to adjust approaches to dealing with the IRS in 2026, as the agency is likely to shift its audit strategies and increases reliance on technology following the significant reductions in funding and personnel last year, say attorneys at Crowell & Moring.
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Chancery Exec Noncompete Ruling Offers PE Buyer Lessons
In Derge v. D&H United Fueling Solutions, the Delaware Court of Chancery sided with a private equity-backed portfolio company by enforcing a noncompete against an executive, providing private equity buyers with a checklist of factors for an enforceable noncompete in the sale-of-business context, says Danielle Asaad at Squire Patton.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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Navigating Workplace AI When Federal, State Policies Clash
Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.
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State AG Enforcement During CFPB Gap Predicts 2026 Trends
State attorneys general responded to the decrease in Consumer Financial Protection Bureau enforcement in 2025 by stepping in to regulate consumer finance more than ever before, and the trends in rebooting CFPB investigations, cracking down on ESG and DEI initiatives, and fighting financial exploitation of homeowners will likely extend into 2026, say attorneys at Cozen O'Connor.
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Trending At The PTAB: The Policies That Are Redefining IPR
The evolution of the Patent Trial and Appeal Board's inter partes review institution regime last year, coupled with the policy considerations behind that evolution, marks a shift toward greater gatekeeping of the U.S. Patent and Trademark Office's resources and patent enforcement rights, say attorneys at Finnegan.
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4 Trends Shaping Drug And Medical Device Law For 2026
2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.
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US Sanctions Targeting Russia's Oil Giants Heighten Biz Risks
Businesses operating in the energy sector, both in and outside the U.S., should review their operations for any links to Russian oil companies and their subsidiaries recently targeted by U.S. sanctions, to avoid unexpected reputational and financial risk, and even secondary sanctions, say authors at Blank Rome.
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How Shareholder Activism Fared In 2025
2025 was a turbulent yet transformative year in shareholder activism, and there are several key takeaways to help companies prepare for a 2026 that is shaping up to be even more lively, including increased focus on retail investors and the use of social media as a tool, say attorneys at Sidley.
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2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture
The Second Circuit’s recent U.S. v. Ross decision, partially denying the return of an attorney's seized funds based on rigid standing requirements, underscores the unforgiving technical complexities of civil asset forfeiture law, and provides several lessons for practitioners, says Elisha Kobre at Sheppard Mullin.
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Justices' Separation-Of-Powers Revamp May Hit States Next
The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.
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Key Trends In Healthcare Antitrust In 2025
The healthcare industry braced for significant antitrust enforcement shifts last year driven by a change in administration, and understanding the implications of these trends is critical for healthcare organizations' risk management and strategic decision-making in the year ahead, say attorneys at Michael Best.
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The 5 Most Important Bid Protest Decisions Of 2025
In a shifting bid protest landscape, five decisions in 2025 from the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office that addressed bedrock questions about jurisdictional reach and the breadth of agency discretion are likely to have a lasting impact, say attorneys at Bradley Arant.