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Public Policy
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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.
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February 23, 2026
Hemp Seller Says Virgin Islands Illegally Took Hemp
A hemp retailer is suing the U.S. government and agencies of the U.S. Virgin Islands in federal court, alleging that they raided the retailer and seized hemp products without a warrant and despite the products being legal at the time.
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February 23, 2026
How Greenberg Thinks Tariff Ruling Could Affect Dealmaking
The U.S. Supreme Court's ruling invalidating IEEPA-based tariffs gave dealmakers clarity on how to pursue potential refund rights in mergers and acquisitions, but President Donald Trump's swift announcement of new global tariffs has immediately reintroduced dealmaking uncertainty.
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February 23, 2026
JPMorgan Asks To Send Trump's $5B Debanking Suit To NY
JPMorgan Chase has formally requested to move President Donald Trump's $5 billion debanking lawsuit from Florida to New York federal court, arguing that the terms governing the president's now-closed accounts require the case to be litigated there.
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February 23, 2026
Tenant Screener Didn't Hinder Disabled Man, 2nd Circ. Says
A company that screens potential tenants' criminal and credit histories on behalf of landlords cannot be held liable under the Fair Housing Act for blocking a disabled man from moving in with his mother because it did not actually make the housing decision, a Second Circuit panel held in a precedent-setting opinion.
Expert Analysis
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How To Trademark A Guy In 8 Ways: An IP Strategy Against AI
Attempting a novel method of protection against artificial intelligence misuse of his voice and likeness, Matthew McConaughey's recent efforts to register eight trademarks for a series of audio and video clips of himself underscore the importance of extending existing legal frameworks beyond traditional applications, says Summer Todd at Patterson Intellectual Property.
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Ambiguity Remains On Anti-DEI Grant Conditions
Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.
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Utah's AI Prescription Renewal Pilot Could Inform Policy
Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.
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Radiation Standard Shift Might Add Complications For Cos.
In keeping with the Trump administration's focus on nuclear energy, the U.S. Department of Energy recently announced that it will eliminate the "as low as reasonably achievable" radiation protection standard for agency practices and regulations — but it is far from clear that this change will benefit the nuclear power industry, say attorneys at K&L Gates.
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Bipartisan Enforcement Is Rising In Consumer Finance
Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.
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How Attorneys Can Navigate Shifts In Financing Landscape
Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.
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A Primer On Law Enforcement Self-Defense Doctrine
In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.
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Ramped Up Psychedelic Production Carries Opportunity, Risk
Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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New Biotech Nat'l Security Controls May Have Blunted Impact
While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Takeaways From The DOJ Fraud Section's 2025 Year In Review
Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.
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New State Regs On PFAS In Products Complicate Compliance
The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.
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Bid Protest Data Contradicts Claims That System Is Inefficient
Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.
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Opinion
Congress Should Lead On AI Policy, Not The States
There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.