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Public Policy
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January 29, 2026
9th Circ. Says Noem Can't 'Smuggle In' TPS Vacaturs
The Ninth Circuit has ruled that Homeland Security Secretary Kristi Noem lacked the authority to vacate temporary protected status for Venezuela and Haiti, saying her attempt to do so flouts both Congress' design of the TPS statute and the law's language.
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January 29, 2026
Minn. County Appeals 3,000-Acre Land Trust Order At 8th Circ.
A Minnesota county and two of its townships are appealing to the Eighth Circuit a lower court's order that dismissed a challenge to a U.S. Department of the Interior decision to take more than 3,000 acres into trust for the Mille Lacs Band of Ojibwe.
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January 29, 2026
Bondi Elevates Pa. US Atty Amid Appointments Scrutiny
The first assistant U.S. attorney for the Western District of Pennsylvania is being retained and elevated to full U.S. attorney, Attorney General Pamela Bondi announced Thursday, though the appointment will have to remain temporary or he could face the same questions about his appointment as other top prosecutors in President Donald Trump's administration.
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January 29, 2026
ADA Settlement Brings Changes To Detroit Courthouses
A settlement in an Americans with Disabilities Act class action brought by two attorneys and a community activist will lead to ADA-compliant upgrades like private bathrooms, accessible voting machines and new signage at municipal buildings serving Detroit and Wayne County.
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January 29, 2026
GOP-Led Crypto Bill Clears Senate Panel In Party-Line Vote
The Senate Agriculture Committee advanced a Republican-led proposal to regulate crypto markets on Thursday with a vote that fell starkly along party lines after Democrats made clear they would not support the bill without provisions to prevent public officials from profiting from crypto ventures.
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January 29, 2026
Interior Dept. Says NY Can't Overcome Offshore Wind Halt
The Trump administration has urged a D.C. federal court to reject New York's attempt to undo the suspension of an Ørsted subsidiary's offshore wind project, saying the state has only claimed distant and derivative economic harm.
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January 29, 2026
Immigrants' Attys Say Detention Center Must Ease Access
Counsel for a proposed class of individuals detained at an immigration detention facility in the Everglades urged a Florida federal court Thursday to lift restrictions on attorney access, arguing that they violate detainees' freedom of association under the First Amendment.
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January 29, 2026
Ga. Gov. Hopeful Wants 11th Circ.'s Take On Cash Limits
Georgia Secretary of State and gubernatorial hopeful Brad Raffensperger said Wednesday he would ask the Eleventh Circuit to review a federal judge's decision from the day before shooting down yet another challenge to a state law allowing a rival in the race to rake in unlimited campaign cash.
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January 29, 2026
Dispensaries Sue Hawaii Over Criminalizing Hemp Products
Two dispensary owners are suing Hawaii's attorney general and the Hawaii State Department of Health, alleging that the state's new law regulating hemp products is preempted by the 2018 Farm Bill and violates the supremacy clause by criminalizing conduct Congress legalized.
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January 29, 2026
U. Of Edinburgh Repatriates Historic Muscogee Remains
Scotland's University of Edinburgh is returning the remains of six Muscogee (Creek) Nation individuals in what it says it believes is the first international repatriation of Native American ancestral remains to the United States' mainland.
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January 29, 2026
4th Circ. Wary Of Kicking Up 'Sandstorm' On Deferred Comp.
The Fourth Circuit appeared reluctant Thursday to revive a proposed class action brought against Bank of America and Merrill by an ex-financial adviser who said he was shorted deferred compensation, as judges questioned whether federal benefits law applied to payments that looked like bonuses.
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January 29, 2026
Pasadena Settles Tenants' Wildfire Contamination Claims
The California city of Pasadena has agreed to settle claims filed by local residents who alleged in California state court that the city failed to conduct "adequate inspections" for homes that were contaminated with "toxic smoke, ash and soot" caused by the Eaton wildfires that occurred in January 2025.
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January 29, 2026
Mass. AG Sues 9 Towns To Enforce Housing Law
The Massachusetts attorney general on Thursday sued nine towns that have not complied with a controversial state housing initiative requiring them to allow multifamily housing in at least a portion of their communities.
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January 29, 2026
Clemency Favors White Collar Offenders, New Study Shows
White collar criminal defendants are more likely than other types of offenders to receive presidential pardons, especially under the Trump administration, a new analysis of clemency actions shows, raising concerns about a system one expert called "broken."
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January 29, 2026
Utah House Bill Would Require Tax Hike Notice, Set Limits
Utah would require taxing entities to provide notice of their intent to levy a property tax rate above a statutorily defined base rate and impose limits on property tax increases under a bill introduced in the state House of Representatives.
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January 28, 2026
ICE Violated Nearly 100 Court Orders, Minn. Judge Says
The Minnesota federal court's chief judge admonished U.S. Immigration and Customs Enforcement on Wednesday for violating nearly 100 court orders concerning the Trump administration's immigration enforcement operations in Minnesota while another judge, on the same day, temporarily blocked ICE from unlawfully arresting and detaining refugees in the North Star State.
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January 28, 2026
Mid-America Inks $53M Deal In RealPage Landlord MDL
Mid-America Apartment Communities Inc. revealed in a U.S. Securities and Exchange Commission filing Wednesday that it will pay $53 million to settle out of multidistrict antitrust litigation alleging some of the largest landlords in the country used RealPage Inc.'s software to fix rent prices for residential properties.
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January 28, 2026
Trade Secret Filings Hit Record High In 2025, Report Finds
Trade secret litigation reached an all-time high in 2025, with more than 1,500 federal cases filed for the first time ever, according to a new report by legal analytics firm Lex Machina, which also highlights trends about damages, the busiest courts and the law firms most frequently involved.
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January 28, 2026
Powell Says Cook Case May Be 'Most Important' In Fed History
Federal Reserve Chair Jerome Powell said Wednesday that President Donald Trump's U.S. Supreme Court bid to oust Fed Gov. Lisa Cook represents "perhaps the most important" case in the history of the central bank, defending his move to attend the high court's recent hearing on the matter.
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January 28, 2026
Unions Say FEMA Staff Cuts Threaten Disaster Readiness
A coalition of unions, nonprofit organizations and local governments that are challenging the Trump administration's federal worker layoffs and agency reorganizations asked a California federal judge Tuesday for permission to add the Federal Emergency Management Agency as a defendant, saying ongoing staff cuts threaten its legally mandated responsibility to respond to disasters.
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January 28, 2026
Subcontractor Says Fluor Shut It Out Of Work On NM Wildfires
A subcontractor has told a Texas federal court that Fluor Corporation was in cahoots with another subcontractor to push it out of the disaster relief staffing market relating to the 2022 New Mexico wildfires, saying Fluor violated federal antitrust law.
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January 28, 2026
NJ Prep School Can't Arbitrate Student's Sex Assault Suit
A New Jersey appeals court on Wednesday refused to send to arbitration a suit seeking to hold the prestigious Lawrenceville School liable for the sexual assault of a student, saying a federal statute that bars arbitration for certain sexual assault cases renders irrelevant the school's argument about a later-signed agreement.
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January 28, 2026
Ex-Detainees Detail Conditions At Florida Immigration Facility
Former detainees testified Wednesday in Florida federal court about conditions at an Everglades immigration facility, recalling that they weren't able to speak with attorneys and had to write down phone numbers for counsel using bars of soap.
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January 28, 2026
Dems Call For Release Of 5-Year-Old Detained By ICE In Texas
A coalition of Texas elected officials and community leaders called on the U.S. Department of Homeland Security on Wednesday to immediately release a father and his 5-year-old son from an immigration detention facility in southern Texas after they were detained last week in Minnesota.
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January 28, 2026
Rubio Says There's No Plan For Military Action In Venezuela
Secretary of State Marco Rubio told lawmakers on Wednesday that future military action is not off the table in Venezuela but that the Trump administration has no intention to take such action at this time, while laying out plans to "normalize" the country's oil industry.
Expert Analysis
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Opinion
Faulty Legal Assumptions Obscure Police Self-Defense Law
As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.
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Why 2026 Could Be A Bright Year For US Solar
2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.
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2026 Int'l Arbitration Trends: Tariffs Drive Transformation
In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.
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What Productivity EO May Mean For Defense Industrial Base
President Donald Trump’s recent executive order barring stock buybacks and dividend payments by "underperforming" defense contractors represents a significant policy shift from traditional oversight of the defense industrial base toward direct intervention in corporate decision-making, say attorneys at Holland & Knight.
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What's New In ISS' Benchmark Voting Policy Updates For 2026
Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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AG Watch: Calif. Fills Federal Consumer Protection Void
California's consumer protection efforts seem to be intensifying as federal oversight wanes, with Attorney General Rob Bonta recently taking actions related to buy now, pay later products, credit reporting and medical debt, consumer credit discrimination, and the use of artificial intelligence in consumer services, say attorneys at Cooley.
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AI-Driven Harassment Poses New Risks For Employers
Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.
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Drilling Down Into The Uncertain Future Of Venezuelan Energy
Several key issues will inform whether, when and how U.S. businesses enter, reenter or expand operations in Venezuela — including sanctions relief, economic incentives, resolution of past expropriations, questions about the country's political outlook, and broader trends and conditions in the global energy market, say attorneys at Holland & Knight.
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What Changed For Healthcare Transaction Law In 2025
Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.
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Decoding The SEC's Plans To Revitalize The US IPO Market
Chairman Paul Atkins' recent speech showcased the U.S. Securities and Exchange Commission's plans to ease certain disclosure burdens, rein in politicized shareholder voting and mitigate litigation risk, which could encourage more U.S. companies to seek public listings stateside and make U.S. stock exchanges more competitive for foreign companies, say attorneys at Baker McKenzie.
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Expect State Noncompete Reforms, FTC Scrutiny In 2026
Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.
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Banking Regulation Themes To Anticipate In 2026
The banking enforcement and rulemaking agenda for this year is likely to reflect a mix of targeted reform, deregulatory recalibration and new priorities aligned with supervisory modernization, says Kim Prior at King & Spalding.
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Cannabis Industry Faces An Inflection Point This Year
Cannabis industry developments last year — from the passage of a new wholesale tax in Michigan, to an executive order accelerating the federal rescheduling process — presage a more mature phase of legalization this year, with hardening expectations and enforcement to come, says Alex Leonowicz at Howard & Howard.
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CMS 2027 Proposal Is Mixed Bag For Medicare Advantage
The Centers for Medicare and Medicaid Services' recent proposed rule for the Medicare Advantage and Part D programs gives small organizations reason for optimism, although certain elements may be inconsistent with the Centers' desire to enhance competition, says Christine Clements at Sheppard Mullin.