Public Policy

  • February 03, 2026

    TikTok, Cellspin Duel On Effects Of Sale In Patent Challenge

    TikTok has told the U.S. Patent and Trademark Office that the sale of its majority stake in its U.S. operations to a new joint venture should eliminate a patent owner's argument that the app's alleged relationship with the Chinese Communist Party should tank its patent challenges.

  • February 03, 2026

    Online Betting Co. Beefs Up Penalties For Harassing Athletes

    Online betting platform BetMGM will now suspend the accounts of users who harass or direct abuse toward an athlete, coach or other participant in a sporting event, potentially solving a problem leagues and players have tried to address recently.

  • February 03, 2026

    FCC Hunting For New Cyber Trust Mark Administrator

    The Federal Communications Commission will give companies more time to get their bids in to serve as the new administrator of the U.S. Cyber Trust Mark program, after the first one quit in December.

  • February 03, 2026

    Md. Judge Says Most Of ICE Church Raids Suit Can Proceed

    A Maryland federal judge on Tuesday largely rejected the Trump administration's push to escape a coalition of religious organizations' claims that it unlawfully enacted a policy to allow immigration enforcement at churches and other sites that had been largely off-limits.

  • February 03, 2026

    Cruz Calls Hearing On FCC's 39% Media Ownership Cap

    Sen. Ted Cruz, R-Texas, said Tuesday the Senate Commerce Committee will hold a Feb. 10 hearing on media ownership rules, homing in on the Federal Communications Commission's limit on a single broadcaster reaching more than 39% of national audience share.

  • February 03, 2026

    Trump Admin Sued Over 'Pay-To-Play' Gold Card Program

    Immigrants and an academic professionals union filed suit Tuesday to block President Donald Trump's "gold card" visa program, telling a D.C. federal court that the "pay-to-play" program unlawfully takes visas away from professionals the existing employment-based visa system prioritizes.

  • February 03, 2026

    ShopRite Mogul Wants Name Cleared After Mayoral Bid Row

    Grocery store owner and former Philadelphia mayoral hopeful Jeff Brown told a Pennsylvania Commonwealth Court panel Tuesday he was entitled to a "name-clearing hearing" to set the record straight about allegations by the city's Board of Ethics that he improperly coordinated with a political action committee supporting his candidacy.

  • February 03, 2026

    1st Circ. Mindful Of Justices In 3rd Country Removal Case

    A First Circuit panel suggested Tuesday that a U.S. Supreme Court emergency docket stay may constrain its review of a district judge's decision requiring due process for deportees facing removal to so-called third countries where they may face torture.

  • February 03, 2026

    5th Circ. Unsure Child Online Safety Law Tramples Speech

    A Fifth Circuit panel appeared skeptical Tuesday of a tech media trade group's stance that a Mississippi internet safety law is unconstitutional, suggesting that the challenged statute may not implicate speech. 

  • February 03, 2026

    FERC Members Say High Court Helped Speed Up Gas Reviews

    The U.S. Supreme Court's landmark decision last year that curtailed federal environmental reviews has translated to faster Federal Energy Regulatory Commission approvals of gas infrastructure projects, commissioners told a congressional energy panel Tuesday.

  • February 03, 2026

    Md. Cannabis Licensure Unconstitutional, 4th Circ. Told

    A California cannabis entrepreneur has urged the Fourth Circuit to revive her constitutional challenge to Maryland's social equity marijuana licensure program, saying the U.S. Constitution's dormant commerce clause must apply to federally unlawful marijuana.

  • February 03, 2026

    House Dems Press Bessent About IRS Retirement Pay Delays

    Democrats on the House Ways and Means Committee demanded answers Tuesday about substantial delays in processing retirement applications for Internal Revenue Service employees who participated in the government's deferred resignation program.

  • February 03, 2026

    USPTO, With Squires' Signature, Seeks 'Board Of Peace' TMs

    The U.S. Patent and Trademark Office has filed a pair of applications for trademarks covering President Donald Trump's Board of Peace, with Director John Squires listed as the attorney pursuing the marks. 

  • February 03, 2026

    NY-NJ Commission Sues Over Frozen Hudson Tunnel Funding

    The bi-state commission overseeing the $16 billion rehabilitation of aging commuter train tunnels under the Hudson River between New York and New Jersey has sued the Trump administration, alleging it's illegally withholding federal funds and jeopardizing the project, which is days away from having to shut down construction.

  • February 03, 2026

    IRS Floats Clean Fuel Credit Rules With Foreign Restrictions

    The Internal Revenue Service released long-awaited proposed regulations Tuesday clarifying how domestic transportation fuel producers can qualify for the clean energy fuel tax credit under changes made by Republicans' 2025 budget law, including new foreign restrictions on business owners and feedstock sources.

  • February 03, 2026

    3rd Circ. Says Contractor Payments Not Payroll Costs For PPP

    The Third Circuit sided with the Small Business Administration on Tuesday in the case of an IT company seeking full forgiveness of a $7.2 million Paycheck Protection Program loan, ruling that the SBA was within its rights to deny forgiveness because the company's payments to independent contractors did not count as "payroll costs."

  • February 03, 2026

    Senate Confirms Picks For Texas, Ark. District Court Seats

    The Senate confirmed two U.S. district court judges, for Texas and Arkansas, on Tuesday.

  • February 03, 2026

    OCC's Ex-Chief Of Enforcement Joins Morgan Lewis In DC

    A former acting director of enforcement at the Office of the Comptroller of the Currency has joined Morgan Lewis & Bockius LLP's financial regulatory and enforcement litigation and investment management practices in Washington, D.C., marking his first move into private practice following an extensive career in public service.

  • February 03, 2026

    Trump Signs Funding Bills, DHS Reform Still To Be Addressed

    The House voted 217-214 on Tuesday to pass the five remaining spending bills for fiscal 2026 and a continuing resolution for the U.S. Department of Homeland Security, which kicks off a 10-day sprint for lawmakers to work on reforms to immigration enforcement before triggering another government shutdown.

  • February 03, 2026

    'Sham' System Denies Ark. Parolees Counsel, Suit Claims

    The Arkansas Department of Corrections and its parole board have been hit with a proposed class action in federal court, claiming the state agencies have been refusing to provide a public defender during what the suit calls "sham" parole revocation hearings.

  • February 03, 2026

    Feds Fight Cyberstalking Atty's Bid For Pretrial Release

    The U.S. government has asked a Texas federal judge to reject a bid for pretrial release from a currently detained attorney charged with cyberstalking other attorneys at BigLaw firms.

  • February 03, 2026

    Dem Lawmakers Win Block On New ICE Detention Visit Policy

    A D.C. federal judge temporarily blocked a Trump administration policy that had required Congress members to provide a week's notice before making oversight visits to immigrant detention facilities, ruling the policy will likely be found unlawful.

  • February 03, 2026

    Clark Hill Expands Energy, Lobbying Teams With Hinshaw Atty

    An attorney with more than 20 years of experience advising clients on energy litigation matters and policy has moved her practice to Clark Hill PLC's Washington, D.C., office after nearly three years with Hinshaw & Culbertson LLP.

  • February 03, 2026

    Md. Lawmaker Pitches Urban Agriculture Property Tax Credit

    Maryland would allow more properties to qualify for local-option tax breaks for urban agriculture under legislation pitched to a state House of Delegates panel Tuesday.

  • February 03, 2026

    1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit

    The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.

Expert Analysis

  • Wis. Sanctions Order May Shake Up Securities Class Actions

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    A Wisconsin federal court’s recent decision to impose sanctions on a plaintiffs law firm for filing a frivolous Private Securities Litigation Reform Act complaint in Toft v. Harbor Diversified may cause both plaintiffs and defendants law firms to reconsider certain customary practices in securities class actions, says Jonathan Richman at Brown Rudnick.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • Reinventing Bank Risk Mgmt. After 2025's Cartel Crackdown

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    The Trump administration's 2025 designation of certain transnational drug cartels as terrorists means that banks must adapt to a narrowing margin of error in their customer screening and transaction assessments by treating financial crime prevention as a continuous and cross-enterprise concern with national security implications, says Jack Harrington at Bradley Arant.

  • How Developers Can Harness New Texas Zoning Framework

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    A Texas law introducing a new zoning framework has the potential to unlock meaningful multifamily development opportunities, but developers and their project teams should follow four steps to help identify how affected cities are interpreting and implementing the new law, says Angela Hunt at Munsch Hardt.

  • Where States Jumped In When SEC Stepped Back In 2025

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    The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.

  • 2026 Enforcement Trends To Expect In Maritime And Int'l Trade

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    The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.

  • 2026 State AI Bills That Could Expand Liability, Insurance Risk

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    State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.

  • Streamlining Product Liability MDLs With AI And Rule 16.1

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    With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.

  • USCIS Asylum Pause Could Drive Federal Mandamus Filings

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    U.S. Citizenship and Immigration Services' recent freeze on asylum applications is likely to accelerate Administrative Procedure Act unreasonable delay and writ of mandamus filings, making it important for practitioners handling such cases to familiarize themselves with the mandamus framework and evidentiary standards, says Kemal Hepsen at Mandamus Lawyers.

  • SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models

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    The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.

  • How Mamdani Will Shift NYC Employment Law Enforcement

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    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.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    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.

  • Opinion

    DHS' Parole Termination Violates APA And Due Process

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    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.

  • 2025's Most Notable State AG Activity By The Numbers

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    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.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

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    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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