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Public Policy

February 11, 2026
'It Takes Time To Write': Jackson On High Court's Tariff Ruling

U.S. Supreme Court Justice Ketanji Brown Jackson has provided an unusual update on the court's decision over President Donald Trump's authority to impose emergency tariffs, saying in a TV interview that the justices are still working on what is one of their most anticipated rulings this term.
February 11, 2026
Trio Leading NJ District Office Face New Disqualification Bid

A criminal defendant who successfully challenged the appointment of Donald Trump's former personal attorney Alina Habba as New Jersey's top federal prosecutor joined other defendants in seeking to disqualify the trio now helming the office.
February 11, 2026
Michigan Tribe Asks Court To Revisit $1.5M Legal Fee Denial

A Michigan tribe is asking a D.C. district court to reconsider the denial of $1.5 million in legal fees the tribe had sought to recoup from the U.S. Department of the Interior in a federal recognition status dispute that eventually led to the agency's revamping of a rule allowing tribes to petition for recognition again.
February 11, 2026
Creek Nation Fights City's Bid To Pause Jurisdictional Suit

The Muscogee (Creek) Nation has pushed back against an Oklahoma municipality's bid to stay a jurisdiction dispute in federal district court while a similar challenge plays out in the Tenth Circuit, saying that the two cases aren't covering the same ground.
February 11, 2026
Vape Sellers Urge Court To Pause Texas China Liquid Ban

Vape distributors and retailers asked a federal judge to pause enforcement of a Texas law prohibiting the sale of e-cigarettes using liquid from China, saying they are already suffering "irreparable harm" while fighting the rule.
February 11, 2026
Asphalt Cos. To Pay $30M To End FCA Testing Case

Two Ohio asphalt companies have agreed to pay a combined $30 million to resolve False Claims Act allegations that they submitted fraudulent testing data for federally funded highway projects, the U.S. Department of Justice announced Wednesday.
February 11, 2026
Trans Health And Pediatric Groups Challenge FTC Subpoenas

A major transgender medical group and a pediatric healthcare organization are seeking to end what they call "unlawful" consumer protection investigations from the Federal Trade Commission that want information pertaining to the medical groups' claims made in their marketing and advertising for gender-affirming care for minors.
February 11, 2026
Gov't Seeks Exit From HUD Attys' Suit Over Fair Housing Work

The U.S. Department of Housing and Urban Development has pushed for the dismissal of a suit filed by current HUD attorneys who've alleged that the department intentionally reassigned them to other federal jobs in order to "cripple" HUD's own enforcement of fair housing laws.
February 11, 2026
4th Circ. Won't Toss Appeal Over Md. Judges' Habeas Order

The Fourth Circuit rejected the Trump administration's assertion that its appeal of a ruling upholding a standing order, which Maryland federal judges issued to temporarily delay the removal of detained noncitizens who file habeas petitions, has become moot.
February 11, 2026
Neb. Changes Property Tax Hike Hearing Attendance Rules

Nebraska changed who must attend public hearings for local governments that seek to raise property taxes beyond a statutorily defined limit under a bill signed by the governor.
February 11, 2026
Kaiser Will Pay $30M To End DOL Mental Health Investigations

Kaiser Permanente has agreed to fork over at least $30 million and change its practices to end multiple U.S. Department of Labor investigations into the adequacy of the healthcare organization's mental health and substance use disorder treatment networks in California, the DOL said.
February 11, 2026
Atlanta Wants Ex-Judge's Arrest, Excessive Force Suit Tossed

The city of Atlanta called for the dismissal Tuesday of a civil rights suit filed by a former Georgia probate judge who was arrested after an altercation outside of a nightclub in 2024, arguing there's "no question" that police had a legitimate basis to handcuff and book her.
February 10, 2026
Ziff Davis Sues Google Amid Mounting Ad Tech Antitrust Suits

Digital media publisher Ziff Davis Inc. has filed the latest antitrust lawsuit against Google over its advertising technology, alleging in its New York federal complaint that the Silicon Valley giant unlawfully monopolizes the publisher ad server and ad exchange markets.
February 10, 2026
Ill. Tax, Tip Swipe Fee Ban Survives Banks' Challenge

An Illinois federal judge Tuesday cleared most of a landmark Illinois law banning swipe fees on tax and tip payments to take effect this summer, dealing a major blow to banking industry groups that sought to block the law altogether.
February 10, 2026
Seyfarth Faces DQ Bid From Luxury Terminal Developer

A California company aiming to develop a private luxury terminal for Washington Dulles International Airport has asked a D.C. federal court to disqualify Seyfarth Shaw LLP from representing its foe, the Metropolitan Washington Airports Authority, saying the firm also represents the developer's parent company "in no less than seven active matters."
February 10, 2026
Fla. US Attys Push Back Against Sanctions In Habeas Case

The U.S. attorney for the Middle District of Florida and an assistant U.S. attorney have urged an Orlando federal judge not to sanction them for the government's response to a noncitizen's habeas petition, saying any shortcomings were an "unintentional oversight."
February 10, 2026
Wash. County Defends Judge's DUI Arrest, Cites Open Alcohol

Sheriff's deputies were justified in arresting a sitting Washington judge on suspicion of DUI given his "bloodshot and watery eyes," admission of drinking earlier that evening and refusal to perform sobriety tests, Grays Harbor County told a Washington federal court in a filing seeking to throw out the ex-judge's suit.
February 10, 2026
Audit Watchdog Says Anonymous Challenger Must Reveal ID

The Public Company Accounting Oversight Board has told the D.C. Circuit that a man anonymously challenging the constitutionality of the audit watchdog should be required to identify himself, arguing that he has offered "almost nothing to substantiate his claimed need for privacy."
February 10, 2026
Fulton Election Raid Relied On Trump Allies' Testimony

The FBI's raid last month on the election operations center in Fulton County, Georgia, was premised in part on a referral from a former campaign lawyer for President Donald Trump and the testimony of two Georgia elections officials whom Trump once called his "pitbulls," according to affidavits unsealed Tuesday.
February 10, 2026
Tom Goldstein To Testify At Tax Trial Wednesday

SCOTUSblog co-founder Thomas Goldstein will take the stand in his tax fraud trial Wednesday, after the government rested its case with an IRS agent tallying up $3.6 million that she said went unreported on his 2016 tax return.
February 10, 2026
DC Circ. Seeks End To Atty Fight Over Fees From IRS Deal

The D.C. Circuit wants to stop a fight over almost $800,000 in attorney fees from a suit against the Internal Revenue Service that was settled years ago, telling the parties' counsel during oral arguments Tuesday they'd like to put the matter to bed for good.
February 10, 2026
Texas Justices Seek 'Universal' Rule On Pretrial Motions

A Texas Supreme Court justice on Tuesday pressed Attorney General Ken Paxton's office for more specifics on his position that a trial court implicitly ruled on a jurisdictional challenge in litigation over the $10 billion price tag for Austin's planned light rail system, suggesting a "universal rule" was needed.
February 10, 2026
Former Teachers Union Leaders Get Prison For Stealing $2.6M

A Florida federal judge has sentenced the former president and vice president of a Jacksonville teachers union to prison for embezzling more than $2.6 million in union funds, the U.S. Department of Justice announced Tuesday.
February 10, 2026
Circuit Split Brewing Following 5th Circ.'s No-Bond Ruling

The Fifth Circuit's split ruling blessing the Trump administration's mandatory immigration detention policy won't be the final say on the matter, but it could supercharge efforts to concentrate detained immigrants there while other circuits weigh the policy's legality.
February 10, 2026
FirstNet Reauthorization Bill Advances To Full Committee

A bill that would renew the First Responder Network Authority for just over a decade sailed through a House subcommittee hearing Tuesday afternoon and is now headed to the full committee for a vote.

Expert Analysis

M&A Midmarket Shows Resilience Amid 2025 Challenges

Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.
Del. Dispatch: Key 2025 Corporate Cases And Trends To Know

The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.
Series

Nature Photography Makes Me A Better Lawyer

Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.