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Public Policy
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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.
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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.
Expert Analysis
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What 2025 Transpo And Logistics Legal Trends Mean For 2026
2025 was challenging for the transportation and logistics sector, with emergent trends including dramatic federal policy shifts, developments in tort risk, and a host of mergers and acquisitions — but a review of these themes offers a useful playbook for where the industry is headed in 2026, says Jonathan Todd at Benesch.
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How Cos. Can Roll With NY's New Algorithmic Pricing Rules
Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
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2025 State AI Laws Expand Liability, Raise Insurance Risks
As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Crypto In 2025: From Federal Deregulation To State Action
The cryptocurrency enforcement landscape evolved in 2025, marked by federal deregulatory trends and active state attorney general enforcement, creating both opportunity and risk for businesses navigating the digital asset market, say attorneys at Cozen O'Connor.
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How CFTC Enforcement Shifted In 2025 And What's Next
The U.S. Commodity Futures Trading Commission pivoted sharply under acting Chairman Caroline Pham in 2025, resulting in a pared-back enforcement docket, sweeping policy changes intended to provide greater transparency, and a renewed focus on fraud prevention and maintaining market integrity for the CFTC's core markets, say attorneys at Moore & Van Allen.
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Learning From 2025 FCA Trends Targeting PE In Healthcare
False Claims Act enforcement trends and legislative developments from this year signal intensifying state and federal scrutiny of private equity's growing footprint in healthcare, and the urgency of compliance, says Lisa Re at Arnold & Porter.
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Reviewing 2025's State And Federal AI Regulations
In light of increasing state and federal action to oversee the use of artificial intelligence, companies that develop or deploy the technology should keep abreast of current and forthcoming AI laws and consider their applicability to their business activities, says Jessica Brigman at Spencer Fane.
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Software Patents May Face New Eligibility Scrutiny
November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.
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What Trump Order Limiting State AI Regs Means For Insurers
Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Investment Advisers Should Stay Apprised Of New AI Risks
The U.S. Securities and Exchange Commission's recently issued annual examination priorities reiterate a host of regulatory implications for investment advisers using artificial intelligence tools, highlighting that meaningful ongoing due diligence can help mitigate both operational and regulatory surprises amid AI's rapid evolution, says Christopher Mills at Sidley.
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New Rule Shows NRC Willing To Move Fast To Reform Regs
The Nuclear Regulatory Commission’s decision to forgo public comment and immediately rescind certain rules governing adjudicatory procedures, federal tort claims and disclosure of licensee information signals the agency's intent to accelerate the regulatory streamlining efforts ordered by the president this spring, say attorneys at Morgan Lewis.
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AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities
Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.
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10th Circ. Dissent May Light Path For Master Account Access
While the Tenth Circuit's majority in Custodia Bank v. Federal Reserve Board recently affirmed Federal Reserve banks' control over master account access, the dissent raised constitutional questions that could support banks seeking master accounts in future litigation, say attorneys at Paul Hastings.