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Public Policy
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January 29, 2026
DC Circ. Urged To Revive PJM Watchdog's Access Fight
The electricity market watchdog for PJM Interconnection on Thursday urged the D.C. Circuit to reconsider its dismissal of its lawsuit over the Federal Energy Regulatory Commission denying it access to certain committee meetings held by the regional grid operator.
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January 29, 2026
2nd Circ. Backs Rental Assistance, Medicaid Fraud Conviction
The Second Circuit has upheld the conviction of a New York City man who was sentenced to 70 months in prison for running a more than $1.8 million rental assistance and Medicaid fraud scheme.
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January 29, 2026
USPTO Asked For Clarity On Proposed Foreign Applicant Rule
A trade group representing intellectual property owners wants clarity on the U.S. Patent and Trademark Office's proposed requirement for all foreign patent owners to be represented by a domestic-registered patent practitioner and suggested steps to "promote fairness."
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January 29, 2026
9th Circ. Says Noem Can't 'Smuggle In' TPS Vacaturs
The Ninth Circuit has ruled that Homeland Security Secretary Kristi Noem lacked the authority to vacate temporary protected status for Venezuela and Haiti, saying her attempt to do so flouts both Congress' design of the TPS statute and the law's language.
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January 29, 2026
Minn. County Appeals 3,000-Acre Land Trust Order At 8th Circ.
A Minnesota county and two of its townships are appealing to the Eighth Circuit a lower court's order that dismissed a challenge to a U.S. Department of the Interior decision to take more than 3,000 acres into trust for the Mille Lacs Band of Ojibwe.
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January 29, 2026
Bondi Elevates Pa. US Atty Amid Appointments Scrutiny
The first assistant U.S. attorney for the Western District of Pennsylvania is being retained and elevated to full U.S. attorney by Attorney General Pamela Bondi, his office announced Thursday, though the appointment will have to remain temporary or he could face the same questions about his appointment as other top prosecutors in President Donald Trump's administration.
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January 29, 2026
ADA Settlement Brings Changes To Detroit Courthouses
A settlement in an Americans with Disabilities Act class action brought by two attorneys and a community activist will lead to ADA-compliant upgrades like private bathrooms, accessible voting machines and new signage at municipal buildings serving Detroit and Wayne County.
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January 29, 2026
GOP-Led Crypto Bill Clears Senate Panel In Party-Line Vote
The Senate Agriculture Committee advanced a Republican-led proposal to regulate crypto markets on Thursday with a vote that fell starkly along party lines after Democrats made clear they would not support the bill without provisions to prevent public officials from profiting from crypto ventures.
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January 29, 2026
Interior Dept. Says NY Can't Overcome Offshore Wind Halt
The Trump administration has urged a D.C. federal court to reject New York's attempt to undo the suspension of an Ørsted subsidiary's offshore wind project, saying the state has only claimed distant and derivative economic harm.
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January 29, 2026
Immigrants' Attys Say Detention Center Must Ease Access
Counsel for a proposed class of individuals detained at an immigration detention facility in the Everglades urged a Florida federal court Thursday to lift restrictions on attorney access, arguing that they violate detainees' freedom of association under the First Amendment.
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January 29, 2026
Ga. Gov. Hopeful Wants 11th Circ.'s Take On Cash Limits
Georgia Secretary of State and gubernatorial hopeful Brad Raffensperger said Wednesday he would ask the Eleventh Circuit to review a federal judge's decision from the day before shooting down yet another challenge to a state law allowing a rival in the race to rake in unlimited campaign cash.
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January 29, 2026
Dispensaries Sue Hawaii Over Criminalizing Hemp Products
Two dispensary owners are suing Hawaii's attorney general and the Hawaii State Department of Health, alleging that the state's new law regulating hemp products is preempted by the 2018 Farm Bill and violates the supremacy clause by criminalizing conduct Congress legalized.
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January 29, 2026
U. Of Edinburgh Repatriates Historic Muscogee Remains
Scotland's University of Edinburgh is returning the remains of six Muscogee (Creek) Nation individuals in what it says it believes is the first international repatriation of Native American ancestral remains to the United States' mainland.
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January 29, 2026
4th Circ. Wary Of Kicking Up 'Sandstorm' On Deferred Comp.
The Fourth Circuit appeared reluctant Thursday to revive a proposed class action brought against Bank of America and Merrill by an ex-financial adviser who said he was shorted deferred compensation, as judges questioned whether federal benefits law applied to payments that looked like bonuses.
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January 29, 2026
Pasadena Settles Tenants' Wildfire Contamination Claims
The California city of Pasadena has agreed to settle claims filed by local residents who alleged in California state court that the city failed to conduct "adequate inspections" for homes that were contaminated with "toxic smoke, ash and soot" caused by the Eaton wildfires that occurred in January 2025.
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January 29, 2026
Mass. AG Sues 9 Towns To Enforce Housing Law
The Massachusetts attorney general on Thursday sued nine towns that have not complied with a controversial state housing initiative requiring them to allow multifamily housing in at least a portion of their communities.
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January 29, 2026
Clemency Favors White Collar Offenders, New Study Shows
White collar criminal defendants are more likely than other types of offenders to receive presidential pardons, especially under the Trump administration, a new analysis of clemency actions shows, raising concerns about a system one expert called "broken."
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January 29, 2026
Utah House Bill Would Require Tax Hike Notice, Set Limits
Utah would require taxing entities to provide notice of their intent to levy a property tax rate above a statutorily defined base rate and impose limits on property tax increases under a bill introduced in the state House of Representatives.
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January 28, 2026
ICE Violated Nearly 100 Court Orders, Minn. Judge Says
The Minnesota federal court's chief judge admonished U.S. Immigration and Customs Enforcement on Wednesday for violating nearly 100 court orders concerning the Trump administration's immigration enforcement operations in Minnesota while another judge, on the same day, temporarily blocked ICE from unlawfully arresting and detaining refugees in the North Star State.
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January 28, 2026
Mid-America Inks $53M Deal In RealPage Landlord MDL
Mid-America Apartment Communities Inc. revealed in a U.S. Securities and Exchange Commission filing Wednesday that it will pay $53 million to settle out of multidistrict antitrust litigation alleging some of the largest landlords in the country used RealPage Inc.'s software to fix rent prices for residential properties.
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January 28, 2026
Trade Secret Filings Hit Record High In 2025, Report Finds
Trade secret litigation reached an all-time high in 2025, with more than 1,500 federal cases filed for the first time ever, according to a new report by legal analytics firm Lex Machina, which also highlights trends about damages, the busiest courts and the law firms most frequently involved.
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January 28, 2026
Powell Says Cook Case May Be 'Most Important' In Fed History
Federal Reserve Chair Jerome Powell said Wednesday that President Donald Trump's U.S. Supreme Court bid to oust Fed Gov. Lisa Cook represents "perhaps the most important" case in the history of the central bank, defending his move to attend the high court's recent hearing on the matter.
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January 28, 2026
Unions Say FEMA Staff Cuts Threaten Disaster Readiness
A coalition of unions, nonprofit organizations and local governments that are challenging the Trump administration's federal worker layoffs and agency reorganizations asked a California federal judge Tuesday for permission to add the Federal Emergency Management Agency as a defendant, saying ongoing staff cuts threaten its legally mandated responsibility to respond to disasters.
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January 28, 2026
Subcontractor Says Fluor Shut It Out Of Work On NM Wildfires
A subcontractor has told a Texas federal court that Fluor Corporation was in cahoots with another subcontractor to push it out of the disaster relief staffing market relating to the 2022 New Mexico wildfires, saying Fluor violated federal antitrust law.
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January 28, 2026
NJ Prep School Can't Arbitrate Student's Sex Assault Suit
A New Jersey appeals court on Wednesday refused to send to arbitration a suit seeking to hold the prestigious Lawrenceville School liable for the sexual assault of a student, saying a federal statute that bars arbitration for certain sexual assault cases renders irrelevant the school's argument about a later-signed agreement.
Expert Analysis
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Opinion
US Cybersecurity Strategy Must Include Immigration Reform
Cyberthreats are escalating while the cybersecurity workforce remains constrained due to a lack of clear standards for national-interest determinations, processing backlogs affecting professionals who protect critical public systems and visa allocations that do not reflect real-world demands, says Rusten Hurd at Colombo & Hurd.
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How 2025 Executive Orders Are Reshaping Consumer Finance
In 2025, President Donald Trump used executive orders to initiate a reversal of policies on fair lending, urge agencies to use enforcement and supervisory tools to police debanking, and reduce consumer financial regulation — and the resulting flurry of deregulatory activity will likely continue in 2026, says Elizabeth Tucci at Goodwin.
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A Look At EEOC Actions In 2025 And What's Next
President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.
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FDA's AI Deployment Brings New Potential And Risks
The U.S. Food and Drug Administration's recent announcement about making agentic artificial intelligence tools available to agency employees may portend accelerated regulatory timelines and lower costs for drug companies and consumers, but potential errors and biases will necessitate additional safeguards, says Angela Silva at Lewis Brisbois.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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OFAC Sanctions Will Intensify Amid Global Tensions In 2026
The Office of Foreign Assets Control will ramp up its targeting of companies in the private equity, venture capital, real estate and legal markets in 2026, in keeping with the aggressive foreign policy approach embraced by the Trump administration in 2025, say attorneys at Holland & Knight.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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Wis. Sanctions Order May Shake Up Securities Class Actions
A Wisconsin federal court’s recent decision to impose sanctions on a plaintiffs law firm for filing a frivolous Private Securities Litigation Reform Act complaint in Toft v. Harbor Diversified may cause both plaintiffs and defendants law firms to reconsider certain customary practices in securities class actions, says Jonathan Richman at Brown Rudnick.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Reinventing Bank Risk Mgmt. After 2025's Cartel Crackdown
The Trump administration's 2025 designation of certain transnational drug cartels as terrorists means that banks must adapt to a narrowing margin of error in their customer screening and transaction assessments by treating financial crime prevention as a continuous and cross-enterprise concern with national security implications, says Jack Harrington at Bradley Arant.
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How Developers Can Harness New Texas Zoning Framework
A Texas law introducing a new zoning framework has the potential to unlock meaningful multifamily development opportunities, but developers and their project teams should follow four steps to help identify how affected cities are interpreting and implementing the new law, says Angela Hunt at Munsch Hardt.
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Where States Jumped In When SEC Stepped Back In 2025
The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.
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2026 Enforcement Trends To Expect In Maritime And Int'l Trade
The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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Streamlining Product Liability MDLs With AI And Rule 16.1
With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.