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Public Policy

February 10, 2026
DC Circ. Seeks End To Atty Fight Over Fees From IRS Deal

The D.C. Circuit wants to stop a fight over almost $800,000 in attorney fees from a suit against the Internal Revenue Service that was settled years ago, telling the parties' counsel during oral arguments Tuesday they'd like to put the matter to bed for good.
February 10, 2026
Texas Justices Seek 'Universal' Rule On Pretrial Motions

A Texas Supreme Court justice on Tuesday pressed Attorney General Ken Paxton's office for more specifics on his position that a trial court implicitly ruled on a jurisdictional challenge in litigation over the $10 billion price tag for Austin's planned light rail system, suggesting a "universal rule" was needed.
February 10, 2026
Former Teachers Union Leaders Get Prison For Stealing $2.6M

A Florida federal judge has sentenced the former president and vice president of a Jacksonville teachers union to prison for embezzling more than $2.6 million in union funds, the U.S. Department of Justice announced Tuesday.
February 10, 2026
Circuit Split Brewing Following 5th Circ.'s No-Bond Ruling

The Fifth Circuit's split ruling blessing the Trump administration's mandatory immigration detention policy won't be the final say on the matter, but it could supercharge efforts to concentrate detained immigrants there while other circuits weigh the policy's legality.
February 10, 2026
FirstNet Reauthorization Bill Advances To Full Committee

A bill that would renew the First Responder Network Authority for just over a decade sailed through a House subcommittee hearing Tuesday afternoon and is now headed to the full committee for a vote.
February 10, 2026
Amazon Calls FTC Allegations Of Hidden Documents 'Reckless'

Amazon.com assailed the Federal Trade Commission for accusing it of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, asking a Washington federal judge to appoint a special master to handle the "inflammatory, close-of-discovery filings."
February 10, 2026
Financial Services Forum Taps Ex-Truist Exec For GC

Banking industry group Financial Services Forum has hired a general counsel who most recently was a senior Truist Financial Corp. lawyer and who previously worked at the Federal Reserve Board of Governors as senior counsel in its legal division.
February 10, 2026
Feds Float Strict 100% 'Buy America' EV Chargers Mandate

The Trump administration Tuesday proposed that only electric vehicle charging stations built with 100% American-made components can be eligible for federal funding, setting a stringent new requirement that would make it tougher for such projects to get off the ground.
February 10, 2026
IHS To Phase Out Mercury Dental Fillings By 2027

The Indian Health Service has announced it will phase out the use of dental fillings containing mercury at its facilities over the next year.
February 10, 2026
Trump Is Owed Deference On Harvard Student Block, DOJ Says

The U.S. Department of Justice told the First Circuit this week that President Donald Trump's expansive authority over foreign affairs calls for it to overturn a ruling that blocked a proclamation suspending the ability of foreign students to enter the country to attend Harvard.
February 10, 2026
Lutnick Rules Out Creating Value-Based Fees For Patents

Commerce Secretary Howard Lutnick told a Senate panel Tuesday that the government is not planning to establish new fees for U.S. patents based on their value, saying the idea he was reportedly considering "is not going anywhere."
February 10, 2026
NLRB Dismisses SpaceX Charges Over Jurisdiction Shift

The National Labor Relations Board has ended a case alleging SpaceX illegally fired critics of boss Elon Musk after the agency that oversees airlines labor relations claimed jurisdiction over the rocket maker.
February 10, 2026
Ex-Cop Claims Retaliation For Reporting Mayoral Misconduct

A former assistant police chief in North Carolina says he was pushed out after accusing his boss of helping town officials cover up mayoral misconduct, including a traffic stop involving the mayor and a late night visit to town hall in which the mayor allegedly appeared on security footage without pants.
February 10, 2026
Mich. Judge Blasts DOJ's 'Non-Existent' Voter Roll Claim

Michigan officials will not have to turn over unredacted statewide voter registration lists to the U.S. Department of Justice, after a federal judge ruled that none of the statutes cited by the government require the state to turn over voters' sensitive personal information.
February 10, 2026
9th Circ. Says DHS Likely To Beat TPS Termination Challenge

The Ninth Circuit has hit pause on a district court's order that vacated the Trump administration's termination of temporary protected status for immigrants from Honduras, Nicaragua and Nepal, saying the administration will likely succeed on challenging the vacatur order.
February 10, 2026
9th Circ. Panel Wary Of Reviving Wash. Gas Appliance Suit

Ninth Circuit judges appeared skeptical Tuesday of a building industry coalition's argument that the Washington State Building Code Council and state attorney general can be sued over a regulation limiting natural gas appliances in new construction.
February 10, 2026
Wash. Judge Won't Block Racial Equity Housing Program

A nonprofit aimed at "overcoming identity politics" cannot preliminarily block a Washington state housing program designed to reduce racial disparities in homeownership, a Seattle federal judge ruled, saying the group has not shown it is likely to succeed on its claim that the program is unconstitutional.
February 10, 2026
Broker Renews Fight Against $6.6M Civil Fraud Penalties

An insurance broker renewed challenges to a $6.6 million civil fraud tax penalty over its captive deductions by arguing that the assessment required a jury trial, telling a Pennsylvania federal court that recent rulings, including in the Fifth Circuit, have reinvigorated requests the court previously denied.
February 10, 2026
RealPage Defends Case Challenging NY Rental Pricing Law

Property management software company RealPage is opposing a bid from New York state to toss a lawsuit challenging a new state law that prohibits building owners from using software to set residential rental rates, saying the statute clearly violates the First Amendment by banning advice.
February 10, 2026
Utah Lawmakers OK Corporate Income Definition Change

Utah would expand its definition of corporate income to include income allocated to the state, under a bill passed by lawmakers that will go to the state's governor.
February 10, 2026
Coal Exec's Co-Worker Says Emails Hinted At Egypt Bribes

A former coworker testified Tuesday that former Corsa Coal executive Charles Hunter Hobson sent emails as early as 2016 implying that the company's agent in Egypt was bribing officials to buy coal from the company and that he later saw the agent walk into the buyer's office with an envelope allegedly stuffed with cash.
February 10, 2026
FERC Wins DC Circ. Backing In Power Auction Fight

The D.C. Circuit on Tuesday backed Federal Energy Regulatory Commission orders approving regional grid operator PJM Interconnection's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.
February 10, 2026
Conn. Bill Would Change Tax On Cannabis Sales

Connecticut would change its tax on adult-use cannabis sales to a standard excise tax instead of a tax based on the percentage of THC in a product under a bill introduced Tuesday in the state House.
February 10, 2026
Broadcasters Fight 39% Media Ownership Cap In Hill Hearing

TV broadcasters told the U.S. Senate Tuesday that lawmakers never meant to permanently cap national audience share controlled by a single station owner at 39%, as conservative outlet Newsmax argued there's support from both the left and right for keeping the limit in place.
February 10, 2026
Ga. Reps Introduce Cannabis Legalization Law

A group of Democratic Georgia state representatives have introduced a bill to decriminalize and legalize possession and use of cannabis, dubbed the Georgia Cannabis Freedom and Integrity Act.

Expert Analysis

5 Tariff And Trade Developments To Watch In 2026

A new trade landscape emerged in 2025, the contours of which will be further defined by developments that will merit close attention this year, including a key ruling from the U.S. Supreme Court and a review of the U.S.-Mexico-Canada Agreement, says Ted Posner at Baker Botts.
What 2025 Enforcement Actions Show About FERC's Priorities

A review of the Federal Energy Regulatory Commission's 2025 enforcement record suggests that this year, the commission will persist in holding market participants to their commitments, and continue active market surveillance and close cooperation with market monitors, says Ruta Skucas at Crowell & Moring.
Employment Immigration Trends And Challenges For 2026

U.S. companies competing for global talent should brace for a turbulent 2026, with greater compliance burdens, higher costs and the probability of workforce disruptions at every stage of the immigration process, from visa petitions to work authorization renewals, say attorneys at Duane Morris.
Top 5 Antitrust Issues For In-House Counsel To Watch In 2026

With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.
Funding Haze And Deregulatory Pursuits: The CFPB In 2026

In 2025, the Consumer Financial Protection Bureau did not seek additional funding from the Federal Reserve and unwound the legacy of former bureau leadership, and this year will bring further efforts to rescind or rewrite bureau regulations, as well as a changed tone to supervision efforts, say attorneys at Covington.
4 Developments That Defined The 2025 Ethics Landscape

The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
5 Trade Secret Developments To Follow In 2026

Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.
Navigating AI In The Legal Industry

As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
How 2026 NDAA May Ease Entry To Defense Contracting

Reforms to implement a warfighting acquisition system included in the 2026 National Defense Authorization Act, signed on Dec. 18, are likely to reduce the burdens, risks and barriers that have previously impeded nontraditional defense contractors, say attorneys at Haynes Boone.
Regulatory Rollback And Lingering Limbo: The CFPB In 2025

The Consumer Financial Protection Bureau has implemented significant changes since President Donald Trump took office in January, including dismissing actions with prejudice, withdrawing guidance and rescinding rules, casting the bureau in uncertain light heading into 2026, say attorneys at Mayer Brown.
Nuclear Power Pitfalls And Opportunities To Watch For In 2026

Shepherding nuclear power projects to completion requires navigating more risks and obligations than almost any other infrastructure undertaking, but with the right strategies, states, developers, vendors and contractors can overcome these hurdles in 2026 and beyond, say attorneys at Squire Patton.
2025 Calif. Banking Oversight Centered On Consumer Issues

The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.
A 6th Circ. Snapshot: 3 Cases That Defined 2025

With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
Sports Gambling Scrutiny Expands Risks For Teams, Leagues

The Minnesota attorney general recently sent warning letters to 14 website operators for offering what the state considers illegal online gambling, demonstrating why the sports industry, including teams and leagues, should ask critical questions about organizational compliance, internal controls and potential criminal liability, say attorneys at Stinson.
The CFTC's Road Ahead Under Newly Confirmed Chair

Michael Selig's Dec. 18 confirmation as U.S. Commodity Futures Trading Commission chair comes at a critical juncture, as the agency is poised to gain oversight over the crypto industry and increase its jurisdictional mandate covering prediction markets, says Elizabeth Lan Davis at Davis Wright.