Public Policy

  • February 03, 2026

    Approach The Bench: Judge Yew Warns Of Deepfake Evidence

    After decades on the bench of the Santa Clara County Superior Court, Judge Erica Yew began to regard the future of courtroom evidence with some trepidation, as the rapid evolution of artificial intelligence made it easier to falsify documents, photos and videos.

  • February 03, 2026

    Calif. Justices Rule Loose Pot Is Not 'Open Container'

    The California Supreme Court has ruled that the mere presence of loose cannabis in a vehicle doesn't trigger the state's "open container" law, but instead it must be in a usable quantity and readily accessible to the driver to create probable cause that justifies a search.

  • February 03, 2026

    Kan. Bill Would Increase School Property Tax Exemption

    Kansas would increase its school property tax exemption for 2027 under a bill introduced in the state House of Representatives. 

  • February 03, 2026

    Kan. Bill Would Allow Liquor Tax Hike For Property Reduction

    Kansas would allow localities to increase their liquor tax rates if approved by voters in order to offset revenue losses from lowering property tax rates in the area under a bill introduced in the state House of Representatives.

  • February 03, 2026

    Habeas Cases Flood Courts After Immigrant Detention Shift

    Federal courts have been inundated with a flood of cases stemming from the Trump administration's revised approach to the detention of unauthorized immigrants, with judges routinely ruling against the government as immigration attorneys scramble to keep up.

  • February 02, 2026

    Trump Admin's Bid To End Haitian Protections Paused

    A D.C. federal judge on Monday postponed the Trump administration's termination of temporary protected status for Haitians, saying five Haitian nationals who sued the administration are likely to succeed in showing that the termination is unlawful.

  • February 02, 2026

    'Doesn't Make Sense': DOJ Irks Judge In Merger Fight With AGs

    A California federal judge said Monday that the U.S. Department of Justice must hand over certain discovery materials to Democratic attorneys general challenging the DOJ's controversial settlement greenlighting the $14 billion merger of Hewlett Packard Enterprise and Juniper Networks, telling the DOJ that its argument that discussions of alternative remedies are shielded from discovery "doesn't make sense."

  • February 02, 2026

    Calif. Cities Challenge DOJ Rules For Child Exploitation Funds

    San Diego and San Jose have sued the U.S. Department of Justice over new requirements for Internet Crimes Against Children program grant recipients, claiming that the federal government is unconstitutionally trying to force its immigration and diversity agendas on local governments and other grant recipients.

  • February 02, 2026

    EPA Slow To Intervene In Flint Water Crisis, Expert Tells Court

    A former U.S. Environmental Protection Agency official testified Monday in Michigan federal court that the agency should have intervened in the Flint water crisis a year before issuing its warning over high lead levels.

  • February 02, 2026

    Ex-Goldstein Employee Claims Accountants Made Mistakes

    Defense attorneys for SCOTUSblog founder Thomas Goldstein presented evidence Monday that his firm's tax accountants made serious mistakes in tax filings for Goldstein's wife, Amy Howe, in 2021.

  • February 02, 2026

    COVID-Era Eviction Pause Was Illegal, Wash. Landlords Claim

    Moratoriums that shielded Washington renters from eviction during the height of the COVID-19 pandemic unconstitutionally forced property owners to house tenants who otherwise had no right to remain in their units, according to a lawsuit removed to federal court in Tacoma Friday by one of the local governments being sued.

  • February 02, 2026

    DC Circ. Gets History Lesson As Tribe Fights For Utah Land

    The D.C. Circuit got a lesson in tribal history dating back to the 19th century as lawyers for the federal government and a Native American tribe argued Monday whether a congressional act gives the tribe compensable title to 1.5 million acres of Utah land where an oilfield lies.

  • February 02, 2026

    Nevada Judge Temporarily Halts Polymarket Sports Contracts

    A Nevada state judge issued a temporary restraining order prohibiting Polymarket from offering sports contracts in the state for two weeks, finding that the platform's offerings constitute "gaming" under state law.

  • February 02, 2026

    'Star Trek'-Citing Judge Says Moderna Can't Ax $5B Vax IP Suit

    Moderna Inc. will have to face most of a rival mRNA vaccine developer's $5 billion patent suit over the company's COVID-19 vaccines at a trial in Delaware, a federal judge ruled on Monday, invoking "Star Trek" in a summary judgment order that left issues like patent invalidity up to the jury.

  • February 02, 2026

    Mich. AG Can't Toss Fire Policy Challenge, Property Co. Says

    A property owner urged a Michigan federal court to allow its proposed class action over the constitutionality of the state's Fire Insurance Withholding Program to go forward, saying the state attorney general's bid to dismiss the suit is untimely and improper as an intervening party.

  • February 02, 2026

    First Woman Justice Elected To Wash. High Court To Retire

    Washington State Supreme Court Justice Barbara A. Madsen, the first woman to be voted onto the court and the second-longest serving justice in state history, said Monday she plans to retire this spring after 33 years on the bench.

  • February 02, 2026

    Custodians Tell NJ Justices COVID Law Doesn't Preempt CBA

    School custodians urged the New Jersey Supreme Court on Monday to reinstate an award of extra money for their in-person work during the pandemic, arguing an arbitrator had a reasonably plausible interpretation of a state statute when he determined it didn't preempt the custodians' collective bargaining agreement.

  • February 02, 2026

    Offshore Wind Crowns Courtroom Sweep With Sunrise Restart

    A D.C. federal judge on Monday lifted the Trump administration's halt of the Sunrise Wind project, the final victory for five East Coast offshore wind farms that all convinced courts to block the government's stop-work orders.

  • February 02, 2026

    Colo. Justices Strike Down Laws Governing County Appeals

    The Colorado Supreme Court found two sections of Colorado law unconstitutional Monday because they allowed final judgments in county court cases to be appealed directly to the Colorado Court of Appeals.

  • February 02, 2026

    Monthly Merger Review Snapshot

    U.S. enforcers reached three new merger settlements, while the Federal Trade Commission successfully blocked a $945 million heart valve deal and lodged an appeal for its case targeting Meta's past acquisitions.

  • February 02, 2026

    NHTSA To Redo Heavy-Duty Pickup Truck Fuel Economy Rule

    The National Highway Traffic Safety Administration told auto manufacturers Friday that it's preparing to retool fuel economy standards for heavy-duty trucks, as the Trump administration presses ahead with its dismantling of Biden-era policies that sought to bolster the adoption of electric-vehicle fleets.

  • February 02, 2026

    FCC's Phone Subsidy Fund Aims To Improve Nat'l Verifier

    As the Federal Communications Commission responds to reports from its internal auditors of widespread fraud in Lifeline phone services, the program's administrator has said progress is underway to strengthen a national system to verify beneficiaries.

  • February 02, 2026

    2nd Circ. Partially Revives Suit Over NY Foster Care Rules

    A group of New York City children who were taken from their parents and placed into foster care have standing to challenge the legality of state rules preventing them from being placed with relatives with criminal histories, a Second Circuit panel determined on Monday.

  • February 02, 2026

    Curaleaf Can't Ditch All Ill. Whistleblower Act Claims

    An Illinois magistrate judge on Monday mostly denied a bid from Curaleaf Inc. to throw out a former regional director's Illinois Whistleblower Act claims, saying the complaint is sufficient to allege that he was retaliated against for reporting compliance violations to the state government.

  • February 02, 2026

    State Dept. Accused Of Overreach With 75-Country Visa Pause

    A group of U.S. citizens, nonprofits and foreign workers sued the Trump administration on Monday over its pause of immigrant visas for applicants from 75 countries over public charge concerns, arguing that the executive branch can't rewrite federal immigration law.

Expert Analysis

  • How Fractional GCs Can Manage Risks Of Engagement

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    As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

  • SEC Rulemaking Radar: A Reset, A Shift And A Preview Of '26

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    With major proposals withdrawn and new priorities emerging, forthcoming U.S. Securities and Exchange Commission proposals in 2026 will look to reshape how digital assets are regulated, recalibrate market structure and simplify how small companies go public, says Christopher Grobbel at Goodwin.

  • Changes In Crypto, Cybersecurity Defined NY Banking In 2025

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    The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.

  • Opinion

    Justices Should Clarify Loper Bright Doctrine Via Patent Case

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    The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.

  • How OECD Tax Update Tackles Mobile Workforce Complexity

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    The Organization for Economic Cooperation and Development’s recently updated model tax convention — a recalibration of international tax principles in response to an increasingly mobile workforce — should prompt companies to reevaluate cross-border operations, transfer pricing policies and tax controversy strategies, say attorneys at Eversheds.

  • Reviewing 2025's Most Pertinent Wiretap Developments

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    2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

  • 2025 Legal Milestones That Will Shape Psychedelics Sector

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    As 2025 draws to a close, psychedelic drug development stands at an inflection point, experiencing unprecedented momentum through recent sweeping regulatory changes and landmark clinical milestones, amid rapidly evolving regulatory expectations, say Odette Hauke at Odette Alina LLC and Kimberly Chew at Husch Blackwell.

  • M&A Midmarket Shows Resilience Amid 2025 Challenges

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    Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.

  • Del. Dispatch: Key 2025 Corporate Cases And Trends To Know

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    The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

  • 2025 Brought A New Paradigm For Federal Banking Regulation

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    A series of thematic shifts defined banking regulation in 2025, including a fundamental reform of prudential supervision, a strategic easing of capital constraints, steps to streamline merger reviews, and a new framework for fair access and entrants seeking to offer banking services, say attorneys at Simpson Thacher.

  • What 2025 Transpo And Logistics Legal Trends Mean For 2026

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    2025 was challenging for the transportation and logistics sector, with emergent trends including dramatic federal policy shifts, developments in tort risk, and a host of mergers and acquisitions — but a review of these themes offers a useful playbook for where the industry is headed in 2026, says Jonathan Todd at Benesch.

  • How Cos. Can Roll With NY's New Algorithmic Pricing Rules

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    Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.

  • 2025 State AI Laws Expand Liability, Raise Insurance Risks

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    As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

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