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Public Policy
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February 24, 2026
DC Circ. Weighs Power To Keep CFPB Job Cuts On Hold
D.C. Circuit judges wrestled Tuesday with the Trump administration's push to lift an injunction blocking mass layoffs at the Consumer Financial Protection Bureau, signaling doubts about the government's position that the lower court order was wholly ill-founded and overbroad.
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February 24, 2026
Trump Says Countries Will Keep Deals Despite Tariff Ruling
President Donald Trump said trade deals reached with countries underpinned by tariffs invalidated by the U.S. Supreme Court would continue to be honored during his State of the Union on Tuesday evening, although it remained unclear precisely how those duty terms will be reimposed domestically.
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February 24, 2026
Ariz., Calif. Lead Suit Over 'Senseless' HHS Vaccine Overhaul
Arizona and California are leading a coalition of states challenging the U.S. Department of Health and Human Services' decision to cut vaccine recommendations for American children, alleging in a lawsuit Tuesday that the "unprecedented attack" stems from HHS Secretary Robert F. Kennedy Jr.'s "unscientific hostility to vaccines."
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February 24, 2026
SDNY's New Self-Report Policy Eases Path To Declinations
Manhattan federal prosecutors on Tuesday unveiled a new business-friendly corporate criminal enforcement policy for companies that promptly self-report financial crimes, promising declinations and no fines or monitors for eligible companies that turn themselves in.
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February 24, 2026
Ill. Café Urges 7th Circ. To Revive Licensing Bias Suit
A Chicago-area café urged the Seventh Circuit on Tuesday to revive claims that it was unconstitutionally denied a liquor license for a tavern it planned to acquire, saying admitted animus over the owner's effort to shed light on red-light-camera-related corruption should overcome any rational basis analysis over the denial.
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February 24, 2026
High Court Rejects NJ Towns' Bid To Pause Housing Rule
The U.S. Supreme Court on Tuesday declined to pause a provision of New Jersey's affordable housing framework that a coalition of state municipalities said unfairly places all responsibility for building such housing on non-urban municipalities.
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February 24, 2026
Voters Can't Have Say In PUD Project, Developers Claim
A ballot measure in Greeley, Colorado, attempting to overturn the creation of a planned unit development project is under fire from three signatories, which claimed in a complaint filed in state court Monday that the ballot measure is unconstitutional.
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February 24, 2026
10th, 5th Circ. Stalwarts Step Back From Bench
U.S. Circuit Judge Timothy Tymkovich has announced that he'll take senior status from his seat on the Tenth Circuit, just a day after U.S. Circuit Judge James L. Dennis said he'd step down from the Fifth Circuit.
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February 24, 2026
DC Circ. Presses Gov't On Reason For $20B EPA Clawback
The full D.C. Circuit gave the federal government the third degree Tuesday as it tried to convince the court that it should stick with a panel's decision that the Environmental Protection Agency is allowed to freeze $20 billion in grant funds intended for green groups.
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February 24, 2026
Denver Schools Face Racketeering, Mortgage-Scheme Suit
A group of parents with students in the Denver Public Schools system claimed in a complaint Tuesday that DPS has illegally been mortgaging numerous school district-owned properties for decades, which has created a "financial catastrophe" and "extraordinary debt situation" for the school district.
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February 24, 2026
DJI Asks 9th Circ. To Strike Down FCC 'Covered List' Ruling
Drone maker DJI has decided not to wait to find out whether the Federal Communications Commission will reconsider its decision to place many of its products on the "covered list" before appealing to the Ninth Circuit the ruling declaring its products suspect.
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February 24, 2026
Heirs Push DC Circ. To Rehear Nazi Art Expropriation Case
The descendants of a Hungarian Jewish art collector trying to recover a Nazi-looted art collection have asked the full D.C. Circuit to rehear their appeal, arguing that a three-judge panel of the court erred in affirming a lower court's dismissal of their lawsuit.
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February 24, 2026
Tariff-Related Disputes May Go Beyond Just Refunds
In addition to the likely chaotic refund process to follow last week's bombshell U.S. Supreme Court ruling striking down the Trump administration's broad tariff regime, the decision could also result in a wide range of private commercial disputes, and possibly even investment treaty claims against the U.S.
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February 24, 2026
Enbridge Opposes High Court Exam Of Mich. Immunity Claims
Enbridge Energy is urging the U.S. Supreme Court not to examine the Michigan governor's sovereign immunity claims as it fights her decision to revoke a pipeline easement, arguing she has sought to "manufacture" a conflict in federal precedent.
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February 24, 2026
Justices Urged To Restore 'Critical Limits' To SEC Sanction
The U.S. Supreme Court should make it clear that the U.S. Securities and Exchange Commission cannot seek disgorgement from wrongdoers without first identifying victims who have suffered financial harm, the justices heard as briefing got underway in a case that could curb the agency's ability to collect money from alleged fraudsters.
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February 24, 2026
IPhones Are Radios, Not Phones, Under Wash. Consumer Law
A federal judge tossed a case accusing Apple, Best Buy and Walmart of breaking a Washington state law meant to protect telephone buyers, ruling in a matter of first impression that iPhones qualify as radio equipment, not telephone handsets, for the purposes of the state's Telephone Buyers' Protection Act.
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February 24, 2026
Agri Stats To Face DOJ In May Info-Sharing Antitrust Trial
A Minnesota federal judge refused Tuesday to let Agri Stats duck the U.S. Department of Justice's antitrust case alleging the companies' protein industry reports help major producers hike prices, teeing up the case for trial and at the same time allowing the government to take over an early May trial slot.
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February 24, 2026
Watchdog Fines Debt Collector $100K For Repeat Calls To ER
Connecticut's banking regulator has issued a cease-and-desist order and levied a $100,000 civil penalty against an unlicensed debt collector that it accused of placing two back-to-back phone calls to a hospital emergency room in an effort to reach a debtor.
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February 24, 2026
Ariz. Bill To Limit 'No Surprises' Arbitration Offers Put On Hold
A powerful Arizona state lawmaker this week agreed to pause his proposal to establish limits on how much medical providers can seek under the No Surprises Act arbitration system, saying the legislation needs more work and he'll bring it back next year.
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February 24, 2026
Mich. Judge Bars 'Hearsay' Testimony In Flint Water Trial
A Michigan federal judge on Tuesday sharply limited the scope of testimony in the Flint water trial from a regional counsel for the U.S. Environmental Protection Agency, ruling the attorney may not serve as a "conduit for hearsay" or narrate events he learned through preparation for a deposition.
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February 24, 2026
Coinbase Asks Judge To Bar Ill. Action Over Event Contracts
Coinbase urged an Illinois federal judge Tuesday to grant an injunction blocking the state's enforcement of its gaming laws against the company's sports-related event contracts offerings, arguing that effort "falls right in the heartland of preempted state laws" and that such transactions can only be regulated by the U.S. Commodity Futures Trading Commission.
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February 24, 2026
Feds' White Collar Crime Enforcement 'Retreat' Raises Alarms
Money laundering-related fines and tax fraud investigations plummeted last year as President Donald Trump shifted federal agents away from combating financial crime to focus on the immigration crackdown, according to recent reports that have raised alarms among experts about the state of white collar enforcement in the U.S.
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February 24, 2026
11th Circ. Clears Path For CFPB's Clean-Energy Loan Rule
The Eleventh Circuit on Tuesday allowed the Consumer Financial Protection Bureau's new rule on clean-energy home improvement loans to take effect next week, rejecting a last-ditch attempt by a trade group to block the Biden-era measure's mortgage-style protections.
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February 24, 2026
Mallinckrodt's Ch. 11 Blocks Antitrust Payouts, Judge Rules
A Connecticut federal judge has ruled that drugmaker Mallinckrodt PLC shrugged off monetary claims brought by states in a sprawling generic drug antitrust enforcement action when the company emerged from bankruptcy in 2022.
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February 24, 2026
Detective Wants Immunity For Fla. GOP Chair Phone Search
A Sarasota police detective has moved to dismiss a lawsuit brought by the former chair of the Florida Republican Party accusing her of violating the Fourth Amendment during a 2023 sexual assault investigation, arguing she is protected by qualified immunity and relied on judge-approved warrants.
Expert Analysis
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Why 2026 Could Be A Bright Year For US Solar
2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.
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2026 Int'l Arbitration Trends: Tariffs Drive Transformation
In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.
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What Productivity EO May Mean For Defense Industrial Base
President Donald Trump’s recent executive order barring stock buybacks and dividend payments by "underperforming" defense contractors represents a significant policy shift from traditional oversight of the defense industrial base toward direct intervention in corporate decision-making, say attorneys at Holland & Knight.
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What's New In ISS' Benchmark Voting Policy Updates For 2026
Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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AG Watch: Calif. Fills Federal Consumer Protection Void
California's consumer protection efforts seem to be intensifying as federal oversight wanes, with Attorney General Rob Bonta recently taking actions related to buy now, pay later products, credit reporting and medical debt, consumer credit discrimination, and the use of artificial intelligence in consumer services, say attorneys at Cooley.
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AI-Driven Harassment Poses New Risks For Employers
Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.
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Drilling Down Into The Uncertain Future Of Venezuelan Energy
Several key issues will inform whether, when and how U.S. businesses enter, reenter or expand operations in Venezuela — including sanctions relief, economic incentives, resolution of past expropriations, questions about the country's political outlook, and broader trends and conditions in the global energy market, say attorneys at Holland & Knight.
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What Changed For Healthcare Transaction Law In 2025
Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.
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Decoding The SEC's Plans To Revitalize The US IPO Market
Chairman Paul Atkins' recent speech showcased the U.S. Securities and Exchange Commission's plans to ease certain disclosure burdens, rein in politicized shareholder voting and mitigate litigation risk, which could encourage more U.S. companies to seek public listings stateside and make U.S. stock exchanges more competitive for foreign companies, say attorneys at Baker McKenzie.
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Expect State Noncompete Reforms, FTC Scrutiny In 2026
Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.
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Banking Regulation Themes To Anticipate In 2026
The banking enforcement and rulemaking agenda for this year is likely to reflect a mix of targeted reform, deregulatory recalibration and new priorities aligned with supervisory modernization, says Kim Prior at King & Spalding.
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Cannabis Industry Faces An Inflection Point This Year
Cannabis industry developments last year — from the passage of a new wholesale tax in Michigan, to an executive order accelerating the federal rescheduling process — presage a more mature phase of legalization this year, with hardening expectations and enforcement to come, says Alex Leonowicz at Howard & Howard.
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CMS 2027 Proposal Is Mixed Bag For Medicare Advantage
The Centers for Medicare and Medicaid Services' recent proposed rule for the Medicare Advantage and Part D programs gives small organizations reason for optimism, although certain elements may be inconsistent with the Centers' desire to enhance competition, says Christine Clements at Sheppard Mullin.
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Easing Equity Research Firewall Shows SEC Open To Updates
The U.S. Securities and Exchange Commission’s recent agreement to modify a decades-old settlement meant to limit investment bankers’ influence over research analysts within major broker-dealer firms reflects a shift toward a commission that recognizes how rules can be modernized to lighten compliance burdens without eliminating core safeguards, say attorneys at Ropes & Gray.