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Public Policy
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February 09, 2026
Fifth Third Aided Ex-Mayor's $1.8M Theft, Ill. Village Claims
Fifth Third Bank knew a former mayor of a Chicago suburb was misappropriating municipal funds but "deliberately refrained" from investigating the misconduct and ultimately helped her misappropriate $1.89 million, according to a lawsuit filed Friday in state court.
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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any National Guard deployment to the state, arguing the case is moot now that all the troops have been demobilized or withdrawn and the U.S. Supreme Court has ruled the president can't federalize the guard to aid in immigration enforcement.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.
Expert Analysis
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Opinion
US Cybersecurity Strategy Must Include Immigration Reform
Cyberthreats are escalating while the cybersecurity workforce remains constrained due to a lack of clear standards for national-interest determinations, processing backlogs affecting professionals who protect critical public systems and visa allocations that do not reflect real-world demands, says Rusten Hurd at Colombo & Hurd.
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How 2025 Executive Orders Are Reshaping Consumer Finance
In 2025, President Donald Trump used executive orders to initiate a reversal of policies on fair lending, urge agencies to use enforcement and supervisory tools to police debanking, and reduce consumer financial regulation — and the resulting flurry of deregulatory activity will likely continue in 2026, says Elizabeth Tucci at Goodwin.
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A Look At EEOC Actions In 2025 And What's Next
President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.
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FDA's AI Deployment Brings New Potential And Risks
The U.S. Food and Drug Administration's recent announcement about making agentic artificial intelligence tools available to agency employees may portend accelerated regulatory timelines and lower costs for drug companies and consumers, but potential errors and biases will necessitate additional safeguards, says Angela Silva at Lewis Brisbois.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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OFAC Sanctions Will Intensify Amid Global Tensions In 2026
The Office of Foreign Assets Control will ramp up its targeting of companies in the private equity, venture capital, real estate and legal markets in 2026, in keeping with the aggressive foreign policy approach embraced by the Trump administration in 2025, say attorneys at Holland & Knight.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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Wis. Sanctions Order May Shake Up Securities Class Actions
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.
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5 E-Discovery Predictions For 2026 And Beyond
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.
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Reinventing Bank Risk Mgmt. After 2025's Cartel Crackdown
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.
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How Developers Can Harness New Texas Zoning Framework
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.
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Where States Jumped In When SEC Stepped Back In 2025
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.
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2026 Enforcement Trends To Expect In Maritime And Int'l Trade
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.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
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.
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Streamlining Product Liability MDLs With AI And Rule 16.1
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.