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Public Policy
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February 23, 2026
Union's Case Cite Can't End NJ Bias Claim, Court Told
New Jersey's acting attorney general told a state judge Friday that Ironworkers Local 11's bid to inject a new federal ruling into a discrimination case falls flat, arguing in a letter that the union's reliance on the decision misfires because the opinion doesn't address state law discrimination or alter the analysis set forth by applicable U.S. Supreme Court precedent.
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February 23, 2026
1st Circ. Says Gov't Challenge To Due Process Order Can Wait
The Trump administration's challenge to an already-stayed Massachusetts district judge's order requiring notice and due process for noncitizens facing removal to countries where they have no prior ties was terminated by the First Circuit on Friday, with the court saying it makes more sense to wait for an appeal based on the merits of the case.
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February 23, 2026
FTC, DOJ Mulling New Competitor Collaboration Guidelines
The U.S. Department of Justice and Federal Trade Commission said Monday that enforcers are planning to issue new antitrust guidelines for collaborations among competitors after the previous administration pulled guidance that had been in place for more than 20 years.
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February 23, 2026
Calif. Cities Sue Feds Over Grant Conditions Tied To DEI
Several cities and counties in California and Oregon have sued the federal government in California federal court, alleging the Trump administration is conditioning federal grants on recipients abandoning the promotion of diversity, equity and inclusion or "gender ideology," which could leave them with the untenable choice of forgoing critical funds.
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February 23, 2026
Tribe Says Poll Shows Ariz. Voters Oppose Copper Mine
The San Carlos Apache Tribe says a poll released by the Center for Biological Diversity shows that Arizona voters oppose Resolution Copper Mining LLC's proposed mine, which would transfer approximately 2,500 acres within the state's Tonto National Forest to the company.
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February 23, 2026
Judge Holds Firm On Blocking Bid To End Haitian TPS
A D.C. federal judge on Monday declined to stay her decision blocking the Trump administration from terminating Temporary Protected Status for Haitians, writing that the government has "no legitimate interest in enforcing a likely unlawful Termination."
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February 23, 2026
Union Urges Court To Undo DOL Farm Wage Survey Results
A farmworkers union has pressed a Washington federal court to reject the U.S. Department of Labor's approval of a wage survey meant to help determine foreign seasonal worker compensation, arguing it entails a "windfall" for growers at domestic farmworkers' expense.
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February 23, 2026
Fla. Biologist Fired Over Kirk Parody Seeks Reinstatement
A biologist has asked a Florida federal court to restore her state agency position after she was fired for sharing a post making fun of Charlie Kirk on social media, arguing the First Amendment allows free speech on public topics that have nothing to do with her job.
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February 23, 2026
Alaskan Village Asks Court To Block BLM Land Decision
Native villagers near Teshekpuk Lake in Alaska are asking a D.C. federal judge to block the termination of their right-of-way over lands around the lake by the U.S. Bureau of Land Management, claiming that the move would strip the village's property rights without due process.
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February 23, 2026
Snow Delays Goldstein Deliberations Until Tuesday
The jury in SCOTUSblog founder Thomas Goldstein's tax evasion trial won't be back to deliberate until Tuesday, after snow prompted courts in the District of Maryland to close Monday.
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February 23, 2026
Xcel Energy Will Replace Utility Poles After Historic Wildfire
Xcel Energy has agreed to replace damaged and dilapidated utility poles to settle Texas Attorney General Ken Paxton's suit accusing the energy company of causing the largest wildfire in recorded Texas history.
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February 23, 2026
NJ Justices Say Persistent Offender Law Needs Update
The New Jersey Supreme Court ruled Monday that a judge's factfinding under the state's persistent-offender statute violated U.S. Supreme Court precedent but amounted to harmless error, reinstating a 42‑year sentence for sexual assault and urging lawmakers to rewrite the statute.
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February 23, 2026
Trade Court OKs Reversed Taiwan Tire Duty Decision
The U.S. Court of International Trade said the Department of Commerce has fixed a previously faulty ruling exempting a Taiwanese exporter's spare tires from an antidumping order, with the trade court sustaining a new determination finding the tires are in-scope.
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February 23, 2026
NJ Statehouse Catch-Up: Family Leave, PFAS, Farmland Tax
In his final days as New Jersey governor, Phil Murphy was busy signing a slew of measures reforming existing legislation as well as bills aimed at breaking new ground.
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February 23, 2026
W.Va. Judge Says Masked ICE Arrest Was Unconstitutional
A West Virginia federal judge ordered the Trump administration to release a detained El Salvadoran man, ruling the government violated his rights by allowing masked agents to arrest him and then keeping him in its custody without a bond hearing.
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February 23, 2026
Feds Look To Nix Tribes' $23B Boarding School Dispute
The Interior Department is seeking to dismiss a proposed class action that would require the U.S. to account for how much of an estimated $23 billion spent on past Indian boarding school programs was tribal money, saying there is no law that requires it to undertake such an effort.
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February 23, 2026
FirstNet Renewal Gains Backing From Slew Of Groups
More than 70 emergency response groups are backing plans for a congressional re-up of the First Responder Network Authority ahead of its slated sunset a year from now, the bill's supporters said Monday.
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February 23, 2026
Senate Dems Aim To Require Refunds Of Illegal Trump Tariffs
Senate Democratic lawmakers introduced legislation Monday to require the federal government to issue refunds to importers for duties paid that were imposed by President Donald Trump under the International Emergency Economic Powers Act, following the U.S. Supreme Court's ruling deeming those measures unlawful.
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February 23, 2026
Live Nation Wants To Appeal DOJ Antitrust Case Now
Live Nation Entertainment Inc. is asking a New York federal court for permission to immediately appeal last week's ruling that teed up several claims for trial early next month in the monopolization case being brought by the U.S. Department of Justice and state enforcers.
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February 23, 2026
Justices Won't Hear Challenge To Minn. Union Meeting Ban
Mandatory anti-union meetings will continue to be illegal in Minnesota, as the U.S. Supreme Court said Monday that it won't resurrect an employer group's challenge to the ban.
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February 23, 2026
EU Lawmakers Delay Vote On US Trade Deal Amid Uncertainty
The European Parliament agreed Monday to postpone a vote on the bloc's trade deal with the U.S. as lawmakers were unclear on whether new tariffs violate its terms, though the White House told Law360 the levies won't breach the agreed maximum rate on the European Union.
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February 23, 2026
NM Lawmakers Clear Bill To Tamp Down Broadband Cost
New Mexico legislators have passed a measure to reduce the cost of broadband connectivity for low-income residents through a state-run fund for universal telecom service.
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February 23, 2026
States Back Challenge To IRS' Nix Of Wind, Solar Safe Harbor
Sixteen Democratic-led states are backing a legal challenge to an Internal Revenue Service notice eliminating a safe harbor test that large wind and solar projects could use to qualify for clean energy tax credits.
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February 23, 2026
US Customs Stops Collecting Tariffs Starting Tuesday
U.S. Customs and Border Protection will stop collecting the tariffs President Donald Trump illegally imposed under the International Emergency Economic Powers Act beginning at midnight Tuesday, according to guidance sent late Sunday.
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February 23, 2026
Justices Decline Cannabis Dormant Commerce Clause Case
The U.S. Supreme Court on Monday declined to review a case asking it to consider whether Maryland's marijuana social equity licensing program unconstitutionally discriminated against out-of-state entrepreneurs.
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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How To Turn EU AI Act Disclosures Into Patent Assets
As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.
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The Law Firm Merger Diaries: Leadership Strategy After Day 1
Ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.
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The Challenges Of Detecting Event Contract Manipulation
While concerns about possible manipulation and insider trading in event contracts have increasingly been raised by market observers, distinguishing a speculative position from a hedge and effective surveillance make regulation difficult, particularly as the U.S. Commodity Futures Trading Commission argues for exclusive jurisdiction to do so, say economic consultants at the Brattle Group.
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How US Liability Law Is Becoming The Primary Regulator Of AI
Comprehensive federal AI regulation remains fragmented and uncertain — but U.S. courts, applying long-standing doctrines of liability and responsibility, are actively shaping how AI systems are designed, deployed and governed, and companies are aligning their AI practices because courts may hold them accountable if they do not, says Alexander Lima at Wesco International.
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How New HSR Thresholds, Fees Could Affect Enforcement
While the Federal Trade Commission's new thresholds and filing fees for the Hart-Scott-Rodino Antitrust Improvements Act are not expected to materially affect the number of required HSR filings, or the percentage or focus of second requests, increased filing fees may give agencies dedicated resources to bring enforcement actions, say attorneys at Sidley.
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Methods For Challenging State Civil Investigative Demands
Ongoing challenges to enforcement actions underscore the uphill battle businesses face in arguing that a state investigation is prohibited by federal law, but when properly deployed, these arguments present a viable strategy to resist civil investigative demands issued by state attorneys general, say attorneys at Troutman Pepper.
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Monetizing EV Charging Stations For Long-Term Success
An electric vehicle charging station's longevity hinges on monetizing operations through diverse revenue streams, contractual documentation of charge point operators' and site hosts' rights and responsibilities, and ensuring reliability and security of facilities, says Levi McAllister at Morgan Lewis.
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Calif.'s Civility Push Shows Why Professionalism Is Vital
The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
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A Potential Shift In FDA's Approach To Drug Trial Design
Recent guidance released by the U.S. Food and Drug Administration clarifying how Bayesian approaches — which combine prior knowledge with new data — may be used in clinical trials reflects the agency's continued interest in innovative trial designs that may accelerate drug approvals, say attorneys at Alston & Bird.
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US-Ukraine Reconstruction Fund Tax Exemptions Uncertain
Tax provisions in the bilateral agreement to establish the U.S.-Ukraine Reconstruction Investment Fund, which recently announced it is accepting applications, are so broad and imprecise as to leave uncertainty regarding whether and when tax exemptions will apply to investors' income, say attorneys at Avellum and Debevoise.
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Opinion
SNAP Rule Confusion Risks A Compliance Crisis
Recent Supplemental Nutrition Assistance Program food restriction waivers pose a compliance crisis for legal practitioners advising food retailers, amid higher costs and lack of a coherent national standard, says Tyson-Lord Gray at Yeshiva University’s Benjamin N. Cardozo School of Law.
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Locations, Permits And Power Are Key In EV Charger Projects
To ensure the success of public electric vehicle charging infrastructure projects, developers, funders, site hosts and charge point operators must consider a range of factors, including location selection, distribution grid requirements and costs, and permitting and timeline impacts, says Levi McAllister at Morgan Lewis.
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Should Prediction Markets Allow Trading On Nonpublic Info?
Recent trading activity, such as the Polymarket wager on the U.S. capture of Venezuelan President Nicolás Maduro, has raised questions about whether some participants may be engaging in trading that is based on material nonpublic information, and highlights ongoing uncertainty about how existing derivatives and anti-fraud rules apply to event-based contracts, say economic consultants at the Brattle Group.
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NLRB May Not See Employer-Friendly Changes Anytime Soon
Despite the long-awaited confirmation of a new National Labor Relations Board general counsel and two new board members, slower case processing, the NLRB's changing priorities and an unofficial rule about a three-member majority may prevent NLRB precedent from swinging in businesses' favor this year, says Jesse Dill at Ogletree.
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FCC Satellite Co. Action Starts New Chapter For Team Telecom
The Federal Communications Commission's recent settlement with satellite company Marlink marks a modest but meaningful step forward in how the U.S. regulates foreign involvement in its telecommunications sector, proving "Team Telecom" conditions are not limited to companies with substantial foreign ownership, says attorney Sohan Dasgupta.