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Public Policy
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February 23, 2026
NY Pitches Pay-Later Oversight Rules, Borrower Protections
Buy-now-pay-later providers in New York would face new licensing and supervision requirements, consumer disclosure standards, fee limits and other restrictions under draft rules unveiled Monday by the state's financial services regulator.
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February 23, 2026
Banking Orgs. Silent On Trump Family-Tied Crypto Charter Bid
Two banking industry groups that publicly opposed applications from at least eight crypto firms seeking national trust charters did not weigh in on a similar bid from the Trump-family tied crypto business World Liberty Financial, while public advocacy group commenters blasted the WLF application as being riddled with conflicts.
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February 23, 2026
Chemical Co. PQ Contaminated Port Of Tacoma, Suit Says
The Port of Tacoma has sued Pennsylvania chemical company PQ LLC for millions of dollars in cleanup costs, going to Washington federal court to hold the business liable for contamination from a now-shuttered manufacturing and processing plant.
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February 23, 2026
ABA Says Trump Attacks On Justices Cross 'Dangerous Line'
The American Bar Association on Monday condemned President Donald Trump's "personal attacks" against U.S. Supreme Court justices after Friday's 6-3 decision struck a blow to his tariff policy, saying the remarks "cross a dangerous line that threatens the safety of the judiciary and our judicial process."
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February 23, 2026
Union's Case Cite Can't End NJ Bias Claim, Court Told
New Jersey's acting attorney general told a state judge Friday that Ironworkers Local 11's bid to inject a new federal ruling into a discrimination case falls flat, arguing in a letter that the union's reliance on the decision misfires because the opinion doesn't address state law discrimination or alter the analysis set forth by applicable U.S. Supreme Court precedent.
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February 23, 2026
1st Circ. Says Gov't Challenge To Due Process Order Can Wait
The Trump administration's challenge to an already-stayed Massachusetts district judge's order requiring notice and due process for noncitizens facing removal to countries where they have no prior ties was terminated by the First Circuit on Friday, with the court saying it makes more sense to wait for an appeal based on the merits of the case.
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February 23, 2026
FTC, DOJ Mulling New Competitor Collaboration Guidelines
The U.S. Department of Justice and Federal Trade Commission said Monday that enforcers are planning to issue new antitrust guidelines for collaborations among competitors after the previous administration pulled guidance that had been in place for more than 20 years.
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February 23, 2026
Calif. Cities Sue Feds Over Grant Conditions Tied To DEI
Several cities and counties in California and Oregon have sued the federal government in California federal court, alleging the Trump administration is conditioning federal grants on recipients abandoning the promotion of diversity, equity and inclusion or "gender ideology," which could leave them with the untenable choice of forgoing critical funds.
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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.
Expert Analysis
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Unpacking The DOJ Meatpacking Probe
The recent U.S. Department of Justice meatpacking antitrust investigation is in line with the Trump administration's focus on crimes that affect U.S. consumers, and businesses in other agricultural sectors should be aware of the increased antitrust scrutiny currently aimed at the industry, say attorneys at Norton Rose.
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Aligning With EPA's 'Compliance First' Enforcement Policy
To take advantage of the U.S. Environmental Protection Agency's new "compliance first" policy, companies will need to maintain up-to-date compliance programs, implement self-audits and find-and-fix protocols, and lean more into open communication with regulators, say attorneys at Crowell & Moring.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Calif. AI Law Will Have Ripple Effect On Emerging Cos.
California's Transparency in Frontier Artificial Intelligence Act is the first comprehensive state-level AI safety framework with mandated public disclosures in the U.S., and although it may not affect emerging companies directly, companies that embed governance and transparency into their operations will differentiate themselves in highly competitive markets, say attorneys at Mintz.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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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.