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Public Policy
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February 09, 2026
Judge Presses Gov't On Objections To Alien Enemies Act Relief
A D.C. federal judge grappled Monday with what relief he can grant to Venezuelans the Trump administration deported under the 1798 Alien Enemies Act, including whether the government must return the men, provide remote hearings or let them contest their alleged gang membership.
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February 09, 2026
NTIA Approves Nearly All State Broadband Funding Plans
The U.S. Department of Commerce has signed off on almost all the recent state-level plans under the government's signature high-speed infrastructure spending initiative, moving projects across the country closer to fruition, a top official said Monday.
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February 09, 2026
Split 8th Circ. Says Drug User Gun Conviction Lacks Detail
A partially split Eighth Circuit panel has vacated a portion of a man's firearm possession conviction, finding that a trial court must make a determination about whether the man poses a threat to the general public because of his drug use.
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February 09, 2026
Demobilization Moots Ill.'s National Guard Suit, Trump Says
The Trump administration has urged a federal judge to permanently toss Illinois' lawsuit looking to halt any National Guard deployment to the state, arguing the case is moot now that all the troops have been demobilized or withdrawn and the U.S. Supreme Court has ruled the president can't federalize the guard to aid in immigration enforcement.
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February 09, 2026
8th Circ. Lets Stand Minn. Law Banning Election Deepfakes
The Eighth Circuit on Monday declined to block Minnesota's law criminalizing deepfakes that are designed to influence elections, holding in a published opinion that a state legislator waited too long to seek emergency relief and that a political commentator who also challenged the statute did not have standing.
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February 09, 2026
5th Circ. Tosses Challenge To La. 340B Discount Drug Rule
A Fifth Circuit panel upheld on Monday a Louisiana law that allows the state to stop prescription drug manufacturers from blocking safety-net healthcare providers from contracting with outside pharmacies to dispense discounted medicines under the federal 340B Discount Drug program.
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February 09, 2026
FCC Said To Formally Launch Equal Time Probe At 'The View'
The Federal Communications Commission has reportedly started a formal investigation into whether ABC's "The View" fails to qualify for a "bona fide" news carveout that would exempt the show from political equal time rules.
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February 09, 2026
US Sets 19% Tariff On Bangladeshi Imports In Framework Deal
Certain imported goods from Bangladesh will enter the U.S. exempt from the 19% U.S. tariff applied to most merchandise from the country, according to a fact sheet published Monday along with the signing of the framework trade agreement between the two countries.
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February 09, 2026
Prison Phone Co. Opposes Rate Case Move To 1st Circ.
A prison phone service provider has urged the D.C. Circuit to deny a recent bid from public interest groups to move multidistrict litigation over federally set phone call rates in jails and prisons to the First Circuit.
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February 09, 2026
Anti-Abortion Groups Say Mich. Law Impedes 1st Amendment
Two Michigan-based anti-abortion organizations are suing several officials, alleging recent amendments to Michigan's civil rights law will force them to hire employees and volunteers who do not share or may openly oppose their religious beliefs and stance on abortion.
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February 09, 2026
Texas, Mo. Ask Court To Keep 'Remain In Mexico' Suit Intact
Texas and Missouri claimed they have standing to challenge a Biden-era decision to do away with the "Remain in Mexico" policy, telling a Texas federal judge Friday that vacatur of the last administration's decision is appropriate even though the Trump administration reinstated the policy.
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February 09, 2026
USTelecom Asks FCC To Protect 911 Amid Copper Rollback
Broadband trade group USTelecom is throwing its weight behind a petition that says the Federal Communications Commission must put protections in place to ensure that 911 services aren't disrupted as telecoms rush to retire copper phone lines.
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February 09, 2026
Unions Seek To Revive Challenge To Feds' Resignation Offer
A labor coalition urged the First Circuit to revive a challenge to the Trump administration's resignation offer to federal employees last year, defending its right to sue and disputing that two niche agencies should get the first crack at its claims.
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February 09, 2026
USPTO Targets Double-Dipping In Anon. Ex Parte Challenges
The U.S. Patent and Trademark Office is now requiring those who anonymously petition it to reexamine a patent's validity to certify that they haven't already challenged it at the Patent Trial and Appeal Board.
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February 09, 2026
Renewable Fuel Co. Owner Cops To $6M Tax Credit Scheme
The owner of a renewable fuel company copped to a scheme that sought more than $6 million in fraudulent tax credits related to how much biodiesel the company claimed to produce, according to Florida federal court documents.
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February 09, 2026
Videographer Fights 4th Circ.'s Choice To Shipwreck IP Suit
A videographer and his production company urged the full Fourth Circuit to let him revive his copyright infringement lawsuit over footage of Blackbeard's shipwreck, arguing Monday that a panel's recent opinion to end the case laid new and overly broad pathways for pendent jurisdiction.
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February 09, 2026
North Dakota, DOJ Near Settlement In Dakota Access Appeal
The United States and North Dakota have reached a settlement in a $28 million dispute over protesters' efforts to stop the construction of the Dakota Access Pipeline in which the state alleged that the Army Corps and federal officials failed to manage the massive crowds.
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February 09, 2026
Pullman & Comley Says Lender Can't Sue Over $16.2M Deal
Pullman & Comley LLC on Monday said a Connecticut judge lacks jurisdiction to hear legal malpractice and related claims from a lender that loaned $16.2 million to the corporate arm of a municipal housing authority, arguing the housing entity, not the lender, was its only client.
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February 09, 2026
Ill. Legislation Targets Outside Investments In Legal Sector
Two bills introduced in the Illinois state Legislature seek to place restrictions on the use of private equity-backed managed service organizations in the legal industry and on any fee-sharing between Illinois lawyers and firms owned by nonlawyers in states like Arizona.
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February 09, 2026
States Seek Quick Win On $100K H-1B Fee 'Power-Grab'
A group of 20 states asked a Massachusetts federal judge for a win in their challenge to the Trump administration's policy imposing a $100,000 fee on certain H-1B visa petitions, arguing the measure unlawfully rewrites Congress' carefully calibrated immigration scheme and exceeds executive authority.
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February 09, 2026
Luxury Terminal Developer Protests Dulles Contract Decisions
A California company aiming to develop a private luxury terminal for Washington Dulles International Airport asked a D.C. federal judge to block the Metropolitan Washington Airports Authority from moving ahead with a "thinly veiled" attempt to steer the deal to another company.
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February 09, 2026
Guam Can't Appeal Military Leave Suit Loss At 9th Circ.
A retirement fund for Guam government employees did not meet the standard for an immediate appeal of a ruling that its leave-sharing program violates federal military service protections, a federal judge ruled Monday, denying the territory's and fund's Ninth Circuit bid.
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February 09, 2026
Long Island Towns Challenge State Over Cannabis Preemption
A trio of Long Island towns are pushing back against New York regulators' assertion that the state's cannabis law preempts localities from enforcing certain local policies governing where marijuana stores can be located.
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February 09, 2026
'Baby Shark' Ruling Doesn't Stop Google Anti-Phishing Fight
A Manhattan federal judge granted injunctive relief Monday to Google in its effort to combat an alleged China-based phishing enterprise, holding that faraway defendants were properly served electronically despite an appellate ruling mandating mail service in a "Baby Shark" infringement case.
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February 09, 2026
EEOC, Law Students End Legal Battle Over Firm DEI Letters
A proposed class action brought by law students last year challenging the U.S. Equal Employment Opportunity Commission's requests for diversity data from 20 law firms ended Monday with the government agreeing compliance "was not mandatory, and that most law firms did not provide any of the requested information."
Expert Analysis
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Protecting Sensitive Data During Congressional Inquiries
With the 2026 midterm elections potentially set to shift control of one or both houses of Congress, entities must proactively plan for the prospect of new congressional investigations, and adopt strategic, effective and practical measures to mitigate risks related to disclosure of sensitive information, say attorneys at Crowell & Moring.
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Where PCAOB Goes Next After A Year Of Uncertainty
The Public Company Accounting Oversight Board will likely bring fewer enforcement matters in 2026, reflecting a notable change in board priorities following the change in administrations, say Robert Cox and Nicole Byrd at Whiteford Taylor and Matthew Rogers at Bridgehaven Consulting.
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As Federal Water Regs Recede, Calif.'s Permitting Tide Rises
The U.S. Supreme Court's 2023 decision in Sackett v. U.S. Environmental Protection Agency reduced federal protections for many wetlands and surface water features, but as California's main water regulator has made clear, many projects are now covered by state rules instead, which have their own complex compliance requirements, says Thierry Montoya at FBT Gibbons.
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How To Trademark A Guy In 8 Ways: An IP Strategy Against AI
Attempting a novel method of protection against artificial intelligence misuse of his voice and likeness, Matthew McConaughey's recent efforts to register eight trademarks for a series of audio and video clips of himself underscore the importance of extending existing legal frameworks beyond traditional applications, says Summer Todd at Patterson Intellectual Property.
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Ambiguity Remains On Anti-DEI Grant Conditions
Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.
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Utah's AI Prescription Renewal Pilot Could Inform Policy
Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.
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Radiation Standard Shift Might Add Complications For Cos.
In keeping with the Trump administration's focus on nuclear energy, the U.S. Department of Energy recently announced that it will eliminate the "as low as reasonably achievable" radiation protection standard for agency practices and regulations — but it is far from clear that this change will benefit the nuclear power industry, say attorneys at K&L Gates.
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Bipartisan Enforcement Is Rising In Consumer Finance
Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.
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How Attorneys Can Navigate Shifts In Financing Landscape
Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.
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A Primer On Law Enforcement Self-Defense Doctrine
In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.
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Ramped Up Psychedelic Production Carries Opportunity, Risk
Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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New Biotech Nat'l Security Controls May Have Blunted Impact
While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Takeaways From The DOJ Fraud Section's 2025 Year In Review
Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.