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Public Policy
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February 06, 2026
Trump's BigLaw Executive Order Appeals Consolidated
The D.C. Circuit on Friday consolidated the government's appeals of losses in four cases BigLaw firms launched against the White House and Justice Department over executive orders against them related to the clients they represent.
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February 06, 2026
Squires Revives Dish Patent Over Pornhub RPI Error
U.S. Patent and Trademark Office Director John Squires has vacated the Patent Trial and Appeal Board's invalidation of a Dish Technologies LLC streaming patent, saying it took too long to disclose a real party in interest.
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February 06, 2026
Anuvu Can't Get More Money For C-Band Move, Judge Rules
An in-house judge at the Federal Communications Commission on Friday rejected Anuvu's push for nearly $1 million more than the agency approved for the company's agreement to vacate lower C-band spectrum years ago to make way for other users.
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February 06, 2026
Prediction Markets Expand Wall St. Cops' Insider Trading Beat
As traders flock to platforms that allow them to speculate on everything from Super Bowl ad placements to political shakeups, regulators and law enforcement face increasing pressure to crack down on newly expanded opportunities for insider trading.
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February 06, 2026
Shake Shack Governance Suit Headed For Dismissal In Del.
A stockholder lawsuit challenging Shake Shack Inc.'s corporate governance arrangements is set to be dismissed after the parties jointly asked the Delaware Court of Chancery to end the case, cutting off the named plaintiff's claims while preserving the ability of other stockholders to bring similar suits later.
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February 06, 2026
4 Takeaways From EU's Latest Trade Agreements
The European Union recently cemented formal trade agreements with India and Mercosur, a group of Latin American countries, which — along with creating certainty for businesses in the regions — strike a sharp contrast with the approach taken in framework deals reached by President Donald Trump. Here, Law360 examines four takeaways from the two trade agreements announced by the European Union.
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February 06, 2026
4th Circ. Says Trump Anti-DEI Orders Are Constitutional
The Fourth Circuit on Friday lifted a block on President Donald Trump's executive orders that terminated federal diversity, equity and inclusion programs and aimed to encourage government contractors to do the same, saying it's not the court's role to determine if the directives are "sound policy."
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February 06, 2026
Trump Orders 25% Tariff For Countries With Biz Ties To Iran
President Donald Trump signed an executive order Friday afternoon that threatens a 25% tariff on the imports entering the U.S. of countries found to be purchasing goods or services from Iran.
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February 06, 2026
Commerce Ordered To Try Again On Russian Fertilizer Duties
The U.S. Department of Commerce has again failed to justify its calculations for the value of Russian mining rights as part of a countervailing duty investigation into phosphate fertilizer, the U.S. Court of International Trade said Friday in an order for a partial redo.
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February 06, 2026
Second Judge Says IRS Can't Share Address Data With ICE
Another federal court has blocked a taxpayer address-sharing agreement between the IRS and U.S. Immigration and Customs Enforcement, finding they failed to follow a federal tax statute that allows limited information sharing for criminal investigations.
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February 06, 2026
Most Of Fulton Co. Residents' Suit Over 2020 Ballots Tossed
A Georgia state judge has dismissed a majority of claims in a long-running suit filed by citizens who sought to review Fulton County's 2020 presidential election ballots, finding there wasn't enough future uncertainty to maintain their claims.
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February 06, 2026
2nd Circ. Revives Panama Man's Bid To Reopen Removal Case
A Second Circuit panel has ordered the Board of Immigration Appeals to rethink its denial of a deported Panamanian man's attempt to reopen his removal proceedings after New York further decriminalized marijuana possession and vacated convictions he was deported for.
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February 06, 2026
DHS Sued Over ICE Citizenship Proof Requirement
The U.S. Department of Homeland Security was hit with proposed class claims Friday alleging the proof-of-citizenship requirement that agents impose during immigration enforcement actions flouts due process for U.S. citizens.
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February 06, 2026
DC Courts To Tag In Non-Attys To Help Civil Litigants
The District of Columbia Courts is the latest court system in the U.S. to allow non-attorneys to help guide civil litigants who face matters without an attorney, creating a program that expands who can advise people facing evictions, child custody disputes and other matters.
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February 06, 2026
Anti-Pot Advocates Vow To Fight Legalization In Courts
Principals and allies of a leading antidrug nonprofit pledged Friday to pursue the fight against marijuana legalization and normalization in the courts by challenging a pending proposal to loosen federal cannabis restrictions and directly suing some of the country's largest marijuana companies.
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February 06, 2026
Cable Landing Co. Cuts $40K Deal To End FCC License Probe
An undersea cable landing site operator has agreed to pay $40,000 to settle a Federal Communications Commission probe for failing to give proper notice before transferring control of its cable landing license.
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February 06, 2026
EPA's Air Review Rule Backed By Industry Groups
Industry groups have backed the U.S. Environmental Protection Agency's formula for triggering air pollution review at industrial facilities, telling the D.C. Circuit that environmental groups challenging the agency are attempting to expand the scope of Clean Air Act permitting beyond what Congress intended.
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February 06, 2026
Ousted Conn. Public Defender Chief Loses Bias Suit
The commission responsible for Connecticut's public defenders did not violate TaShun Bowden-Lewis' constitutional or legal rights when it removed her as chief of the office in 2024, a state Superior Court judge has ruled, finding no second hearing was necessary before the former top defense lawyer lost her job.
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February 06, 2026
Arbitrators Take Cautious Approach To Integrating AI
Norms, practices and regulations surrounding the use of generative artificial intelligence in arbitration are developing just as rapidly as they are in the courts. Here, Law360 Pulse talks with legal tech vendor Veritext's senior vice president in charge of alternative dispute resolution about how the arbitration industry is interacting with AI.
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February 06, 2026
Graham Pushes Bill To Allow Suits Over Smith Investigations
Sen. Lindsey Graham, R-S.C., is working on a bill to allow nonmembers of Congress to sue for damages after being investigated by special counsel Jack Smith.
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February 06, 2026
Trump's $10B Tax Leak Suit Legally Unsound, Ex-Officials Say
The $10 billion in damages President Donald Trump is seeking in his suit accusing the Internal Revenue Service of failing to prevent a former contractor from leaking Trump's tax returns to news outlets are legally unsupported and unprecedented, four former government officials told a Miami federal court.
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February 06, 2026
HHS Ends 340B Drug Rebate Pilot After Legal Challenge
The U.S. Department of Health and Human Services has ended a proposed rebate program that would have altered how hospitals receive payments for participating in the federal 340B drug discount program, which provides discounted prescription drugs for low-income Americans, after facing a lawsuit from a major hospital association.
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February 06, 2026
Football Coaches Throw Support Behind FTC's Agent Probe
A football coaches' trade association has thrown its weight behind the Federal Trade Commission's recently launched investigation of college sports agents, warning that the profession is rife with predatory figures looking to exploit vulnerable athletes.
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February 06, 2026
DOL Rolls Out New Minimum Wage For Federal Contractors
The new minimum hourly wage for federal contractors will be set at $13.65, the U.S. Department of Labor Wage and Hour Division said Friday, a move coming after the Trump administration nixed a Biden-era rule setting the wage to $15.
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February 05, 2026
5th Circ. Mulls Families' Rights In Boeing-DOJ 737 Max Deal
The Fifth Circuit on Thursday questioned whether crash victims' families are owed "unfettered" rights to consult with the U.S. Department of Justice over its refusal to criminally prosecute Boeing for conspiring to defraud safety regulators about the 737 Max's development.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Venezuela Legal Shifts May Create Investment Opportunities
Since the removal of President Nicolás Maduro, Venezuela has shown signs of economic liberalization, particularly in the oil and mining sectors, presenting unique — but still high-risk — investment opportunities for U.S. companies, say attorneys at Haynes Boone.
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Unpacking Dormant Commerce Clause Cannabis Circuit Split
Federal courts have reached differing conclusions as to whether state-legal cannabis is subject to the dormant commerce clause, with four opinions across three circuit courts in the last year demonstrating the continued salience of the dormant commerce clause debate to the nation's cannabis industry, regulators and policymakers, say attorneys at Perkins Coie.
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Remote Patient Monitoring Is At Regulatory Inflection Point
With remote patient monitoring at the center of new federal pilot programs and a recent report from the U.S. Department of Health and Human Services' Office of Inspector General examining Medicare billing for those services, it is clear that balancing innovation and risk will be a central challenge ahead for digital health stakeholders, say attorneys at Morgan Lewis.
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How Latest Nasdaq Proposals Stand To Raise Listings Quality
Nasdaq's recent proposals stand to heighten both quantitative and qualitative standards for issuers, which, if approved, may bring investors stronger market integrity and access but also raise the listings bar, say attorneys at Norton Rose.
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Opinion
CFIUS Must Adapt To Current Foreign Investment Realties
To continue protecting the U.S.’ long-term strategic and economic interests, the Committee on Foreign Investment in the United States should implement practical enhancements that leverage technology, expertise and clear communication, and enable it to keep pace with evolving demands, says attorney Sohan Dasgupta.
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Texas AG Wields Consumer Protection Law Against Tech Cos.
Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.
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When Bankruptcy Collides With Product Recalls
The recent bankruptcy filing by Rad Power Bikes on the heels of a U.S. Consumer Product Safety Commission warning about dangerously defective batteries sold by the company highlights how CPSC enforcement clashes with bankruptcy protections, leaving both regulators and consumer litigants with limited options, says Michael Avanesian at Avian Law Group.
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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.