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Public Policy
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February 06, 2026
EPA's Air Review Rule Backed By Industry Groups
Industry groups have backed the U.S. Environmental Protection Agency's formula for triggering air pollution review at industrial facilities, telling the D.C. Circuit that environmental groups challenging the agency are attempting to expand the scope of Clean Air Act permitting beyond what Congress intended.
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February 06, 2026
Ousted Conn. Public Defender Chief Loses Bias Suit
The commission responsible for Connecticut's public defenders did not violate TaShun Bowden-Lewis' constitutional or legal rights when it removed her as chief of the office in 2024, a state Superior Court judge has ruled, finding no second hearing was necessary before the former top defense lawyer lost her job.
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February 06, 2026
Arbitrators Take Cautious Approach To Integrating AI
Norms, practices and regulations surrounding the use of generative artificial intelligence in arbitration are developing just as rapidly as they are in the courts. Here, Law360 Pulse talks with legal tech vendor Veritext's senior vice president in charge of alternative dispute resolution about how the arbitration industry is interacting with AI.
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February 06, 2026
Graham Pushes Bill To Allow Suits Over Smith Investigations
Sen. Lindsey Graham, R-S.C., is working on a bill to allow nonmembers of Congress to sue for damages after being investigated by special counsel Jack Smith.
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February 06, 2026
Trump's $10B Tax Leak Suit Legally Unsound, Ex-Officials Say
The $10 billion in damages President Donald Trump is seeking in his suit accusing the Internal Revenue Service of failing to prevent a former contractor from leaking Trump's tax returns to news outlets is legally unsupported and unprecedented, four former government officials told a Miami federal court.
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February 06, 2026
HHS Ends 340B Drug Rebate Pilot After Legal Challenge
The U.S. Department of Health and Human Services has ended a proposed rebate program that would have altered how hospitals receive payments for participating in the federal 340B drug discount program, which provides discounted prescription drugs for low-income Americans, after facing a lawsuit from a major hospital association.
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February 06, 2026
Football Coaches Throw Support Behind FTC's Agent Probe
A football coaches' trade association has thrown its weight behind the Federal Trade Commission's recently launched investigation of college sports agents, warning that the profession is rife with predatory figures looking to exploit vulnerable athletes.
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February 06, 2026
DOL Rolls Out New Minimum Wage For Federal Contractors
The new minimum hourly wage for federal contractors will be set at $13.65, the U.S. Department of Labor Wage and Hour Division said Friday, a move coming after the Trump administration nixed a Biden-era rule setting the wage to $15.
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February 05, 2026
5th Circ. Mulls Families' Rights In Boeing-DOJ 737 Max Deal
The Fifth Circuit on Thursday questioned whether crash victims' families are owed "unfettered" rights to consult with the U.S. Department of Justice over its refusal to criminally prosecute Boeing for conspiring to defraud safety regulators about the 737 Max's development.
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February 05, 2026
Trump's Seattle US Atty Stays On For Now Via Title Swap
Trump administration appointee Charles Neil Floyd will continue to be the Western District of Washington's top federal prosecutor for now, under the new title of "First Assistant U.S. Attorney," after the deadline passed Wednesday for the U.S. Senate to confirm the interim appointment.
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February 05, 2026
Microsoft Teams Illegally Collected Voice Data, Ill. Users Claim
Microsoft Corp.'s Teams software collects and analyzes users' distinctive "voiceprints" without providing proper notice as required under Illinois law, five state residents alleged in a proposed class action Thursday.
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February 05, 2026
BNY Mellon Can't Sue Investor In Texas Over Facility Funding
A Texas appellate court determined Thursday that Bank of New York Mellon Trust Co.'s suit against the company that purchased senior revenue certificates for a student housing facility does not belong in the Lone Star State, saying the bank failed to demonstrate that the company's conduct tied it to Texas.
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February 05, 2026
PGA Tour Didn't Price Gouge Rivals' Atty, Fla. Judges Rule
A bid to overturn the dismissal of a suit accusing the PGA Tour of inflating its event prices as part of a plot against golfers from the rival LIV tour was turned away Thursday by a Florida state appeals court.
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February 05, 2026
DOJ Urges Court To Reject Live Nation's View Of Meta Ruling
Enforcers told a New York federal court to reject Live Nation's interpretation of a ruling in an antitrust case against Meta Platforms, saying that claims against the live entertainment giant do not have to accuse it of charging different venues different prices.
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February 05, 2026
Bessent Knocks 'Nihilist' Crypto Critics Of Market Reg. Bill
U.S. Department of the Treasury Secretary Scott Bessent on Thursday defended Republican-backed legislation to regulate crypto markets as critical to the future of digital assets in the U.S., telling senators that industry players who are holding out "should move to El Salvador."
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February 05, 2026
NY Times Article Excerpts Admitted In Goldstein Trial
Federal prosecutors pressing their case against SCOTUSblog co-founder Thomas Goldstein for tax evasion and misleading statements on mortgage applications were finally able on Thursday to present jurors with key statements the U.S. Supreme Court lawyer made to legal journalist Jeffrey Toobin for a long New York Times Magazine article.
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February 05, 2026
6 Questions For Incompas CEO Chip Pickering
The surge of artificial intelligence and tech-driven communications has Incompas CEO Chip Pickering leading an expanded mission, widening the broadband infrastructure trade group's focus to the energy sector for its role in advanced telecom networks.
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February 05, 2026
Polymarket Hit With Class Action For 'Disguising' Sports Bets
Prediction market company Polymarket has been hit with a class action in New York federal court targeting its sports event contracts, which the suit alleges are disguised sports gambling offers meant to evade state regulation and scrutiny.
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February 05, 2026
Energy Dept. Defends University Grant Cost Cap To 1st Circ.
The U.S. Department of Energy urged the First Circuit to overturn a Boston federal judge's decision to block its attempt to cap reimbursable indirect costs for research grants awarded to colleges and universities, arguing it acted in line with its regulations.
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February 05, 2026
DC Circ. Doubts ICE Church Raids Can't Be Blocked
The majority of a three-judge D.C. Circuit panel appeared skeptical Thursday that they shouldn't block the Trump administration from enforcing immigration laws at sensitive locations such as churches, questioning the government's argument that the alleged harm is too speculative.
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February 05, 2026
Mich. Justices Uphold One-Man Grand Jury Murder Conviction
A man indicted by a judge and found guilty of murder cannot have another shot at his case simply because he wasn't charged by a grand jury, Michigan's highest court determined, finding that a change in state law disallowing one-man grand juries did not apply retroactively.
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February 05, 2026
FERC's Grid Planning Policy Revamp Is Proper, 4th Circ. Told
Clean energy supporters and blue state officials are backing the Federal Energy Regulatory Commission's overhaul of its regional transmission planning policy, telling the Fourth Circuit that the agency properly exercised its authority while ensuring states have a seat at the planning table.
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February 05, 2026
White House Willing To Discuss Some Dem DHS Reforms
White House press secretary Karoline Leavitt hinted Thursday at some possible cooperation to the Democrats' reform plan for the U.S. Department of Homeland Security, but she did not elaborate on what that would be.
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February 05, 2026
Trade Court OKs Zero-Rate Duty For Thai Steel Pipes
The U.S. Court of International Trade sustained a U.S. Department of Commerce redetermination finding a Thai steel pipe company is subject to a zero-rate antidumping duty, rejecting an intervening U.S. company's argument that Commerce improperly failed to consider adverse facts during the remanded deliberations.
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February 05, 2026
FCC Deploys Rapid Response To Va. Utility Pole Dispute
A Federal Communications Commission order resolving what could have been a protracted fight in Virginia over utility pole upgrades for broadband service demonstrates how a new federal procedure will clear up pole disputes faster, the FCC said Thursday.
Expert Analysis
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2025 Brought A New Paradigm For Federal Banking Regulation
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.
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What 2025 Transpo And Logistics Legal Trends Mean For 2026
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.
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How Cos. Can Roll With NY's New Algorithmic Pricing Rules
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.
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2025 State AI Laws Expand Liability, Raise Insurance Risks
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.
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Series
Law School's Missed Lessons: Practical Problem Solving
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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Crypto In 2025: From Federal Deregulation To State Action
The cryptocurrency enforcement landscape evolved in 2025, marked by federal deregulatory trends and active state attorney general enforcement, creating both opportunity and risk for businesses navigating the digital asset market, say attorneys at Cozen O'Connor.
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How CFTC Enforcement Shifted In 2025 And What's Next
The U.S. Commodity Futures Trading Commission pivoted sharply under acting Chairman Caroline Pham in 2025, resulting in a pared-back enforcement docket, sweeping policy changes intended to provide greater transparency, and a renewed focus on fraud prevention and maintaining market integrity for the CFTC's core markets, say attorneys at Moore & Van Allen.
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Learning From 2025 FCA Trends Targeting PE In Healthcare
False Claims Act enforcement trends and legislative developments from this year signal intensifying state and federal scrutiny of private equity's growing footprint in healthcare, and the urgency of compliance, says Lisa Re at Arnold & Porter.
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Reviewing 2025's State And Federal AI Regulations
In light of increasing state and federal action to oversee the use of artificial intelligence, companies that develop or deploy the technology should keep abreast of current and forthcoming AI laws and consider their applicability to their business activities, says Jessica Brigman at Spencer Fane.
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Software Patents May Face New Eligibility Scrutiny
November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.
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What Trump Order Limiting State AI Regs Means For Insurers
Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Investment Advisers Should Stay Apprised Of New AI Risks
The U.S. Securities and Exchange Commission's recently issued annual examination priorities reiterate a host of regulatory implications for investment advisers using artificial intelligence tools, highlighting that meaningful ongoing due diligence can help mitigate both operational and regulatory surprises amid AI's rapid evolution, says Christopher Mills at Sidley.
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New Rule Shows NRC Willing To Move Fast To Reform Regs
The Nuclear Regulatory Commission’s decision to forgo public comment and immediately rescind certain rules governing adjudicatory procedures, federal tort claims and disclosure of licensee information signals the agency's intent to accelerate the regulatory streamlining efforts ordered by the president this spring, say attorneys at Morgan Lewis.
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AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities
Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.