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Public Policy
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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.Â
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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."
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February 09, 2026
Mass. Police Academy Staff Charged In Recruit's Death
Four Massachusetts State Police training academy employees were charged Monday in connection with the death of a police recruit, following an independent investigation by a Todd & Weld LLP partner.
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February 09, 2026
Feds Get Gateway Tunnel Funding Freeze During Appeal
A Manhattan federal judge on Monday froze her Friday order requiring the U.S. Department of Transportation to resume paying for the $16 billion Gateway Tunnel, as the agency seeks emergency relief from the Second Circuit.
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February 09, 2026
Ex-NC City Council Member Enters Plea Deal For COVID Fraud
A former Charlotte, North Carolina, councilwoman pled guilty Monday in federal court to one count of wire fraud conspiracy as part of an alleged scheme with her daughters to file sham small-business loan applications for COVID-19 relief funds during the pandemic.
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February 09, 2026
Mass. Justices Urged To Keep Rent Control Initiative Off Ballot
Opponents of a proposed Massachusetts ballot measure to limit rent increases asked the state's top court to defeat the initiative before it reaches voters.
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February 09, 2026
US Backs Bid To Halt Line 5 Shutdown On Wis. Tribal Lands
The government is backing a bid by Enbridge Energy Inc. to stay an order requiring the partial removal of its Line 5 pipeline that runs through Wisconsin tribal lands, saying that while it has an interest in protecting federal trust lands, the case implicates significant interests in foreign affairs.
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February 09, 2026
Neb. Lawmakers OK Rule Changes For Property Tax Hearings
Nebraska would change who is required to attend public hearings on proposed property tax increases under a bill unanimously approved by state lawmakers and presented to the governor.
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February 06, 2026
5th Circ. Backs Trump Admin On Immigrants' Bond Ineligibility
A split Fifth Circuit on Friday blessed the Trump administration's policy calling for immigrants who entered the U.S. without authorization to remain in detention without a bond hearing, saying the administration is acting within its "full enforcement authority."
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February 06, 2026
Citing Feds' 'Lies,' Judge Orders 3 Families Returned To U.S.
The Trump administration must return three immigrant families wrongly deported in violation of a family separation settlement agreement, a California federal judge said Thursday, stating the removals were unlawful and "involved lies, deception, and coercion."
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February 06, 2026
SEC Seeks To Enforce $27M Order In NFL, NBA Player Fraud
The U.S. Securities and Exchange Commission has asked a Washington, D.C., federal judge to order a broker-dealer and its sole director to comply with a 2015 commission order requiring them to pay over $27 million in disgorgement and other fines that stemmed from allegations that they ran a Ponzi scheme that swindled NFL and NBA clients out of $12 million.
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February 06, 2026
Paycheck Advances Aren't Loans, Fintech Orgs Tell 9th Circ.
Fintech trade groups on Friday urged the Ninth Circuit to rein in class litigation over earned wage access products, arguing it should recognize the products as distinct from credit under federal lending laws or risk upending a popular, safer alternative to traditional loans.
Expert Analysis
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New Russia Energy Sanctions Add Compliance Complexity
Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.
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6 Laws For Calif. Employers To Know In 2026
California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.
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How New SEC Policies Shift Shareholder Proposal Landscape
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.
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NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?
Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.
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Tracking The Evolution Of AI Insurance Regulation In 2025
As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation
On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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How AI Exec Order May Tee Up Legal Fights With States
The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.
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Recent Proposals May Spell Supervision Overhaul For Banks
A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.
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Where DEI Stands After The Federal Crackdown In 2025
The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.
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Rule Update May Mean Simpler PFAS Reports, Faster Timeline
The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.
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What US Can Learn From Brazil's Securities Arbitration Model
To allay investor concerns about its recent approval of mandatory arbitration clauses in public company registration statements, the U.S. Securities and Exchange Commission should look to Brazil's securities arbitration model, which shows that clear rules and strong institutions can complement the goals of securities regulation, say arbiters at the B3 Arbitration Chamber.
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Navigating The New Patchwork Of Foreign-Influence Laws
On top of existing federal regulations, an expanding wave of state legislation — placing new limits on foreign-funded political spending and new registration requirements for foreign agents — creates a confusing compliance backdrop for corporations that demands careful preplanning, say attorneys at BakerHostetler.