Public Policy

  • February 03, 2026

    Md. Cannabis Licensure Unconstitutional, 4th Circ. Told

    A California cannabis entrepreneur has urged the Fourth Circuit to revive her constitutional challenge to Maryland's social equity marijuana licensure program, saying the U.S. Constitution's dormant commerce clause must apply to federally unlawful marijuana.

  • February 03, 2026

    House Dems Press Bessent About IRS Retirement Pay Delays

    Democrats on the House Ways and Means Committee demanded answers Tuesday about substantial delays in processing retirement applications for Internal Revenue Service employees who participated in the government's deferred resignation program.

  • February 03, 2026

    USPTO, With Squires' Signature, Seeks 'Board Of Peace' TMs

    The U.S. Patent and Trademark Office has filed a pair of applications for trademarks covering President Donald Trump's Board of Peace, with Director John Squires listed as the attorney pursuing the marks. 

  • February 03, 2026

    NY-NJ Commission Sues Over Frozen Hudson Tunnel Funding

    The bi-state commission overseeing the $16 billion rehabilitation of aging commuter train tunnels under the Hudson River between New York and New Jersey has sued the Trump administration, alleging it's illegally withholding federal funds and jeopardizing the project, which is days away from having to shut down construction.

  • February 03, 2026

    IRS Floats Clean Fuel Credit Rules With Foreign Restrictions

    The Internal Revenue Service released long-awaited proposed regulations Tuesday clarifying how domestic transportation fuel producers can qualify for the clean energy fuel tax credit under changes made by Republicans' 2025 budget law, including new foreign restrictions on business owners and feedstock sources.

  • February 03, 2026

    3rd Circ. Says Contractor Payments Not Payroll Costs For PPP

    The Third Circuit sided with the Small Business Administration on Tuesday in the case of an IT company seeking full forgiveness of a $7.2 million Paycheck Protection Program loan, ruling that the SBA was within its rights to deny forgiveness because the company's payments to independent contractors did not count as "payroll costs."

  • February 03, 2026

    Senate Confirms Picks For Texas, Ark. District Court Seats

    The Senate confirmed two U.S. district court judges, for Texas and Arkansas, on Tuesday.

  • February 03, 2026

    OCC's Ex-Chief Of Enforcement Joins Morgan Lewis In DC

    A former acting director of enforcement at the Office of the Comptroller of the Currency has joined Morgan Lewis & Bockius LLP's financial regulatory and enforcement litigation and investment management practices in Washington, D.C., marking his first move into private practice following an extensive career in public service.

  • February 03, 2026

    Trump Signs Funding Bills, DHS Reform Still To Be Addressed

    The House voted 217-214 on Tuesday to pass the five remaining spending bills for fiscal 2026 and a continuing resolution for the U.S. Department of Homeland Security, which kicks off a 10-day sprint for lawmakers to work on reforms to immigration enforcement before triggering another government shutdown.

  • February 03, 2026

    'Sham' System Denies Ark. Parolees Counsel, Suit Claims

    The Arkansas Department of Corrections and its parole board have been hit with a proposed class action in federal court, claiming the state agencies have been refusing to provide a public defender during what the suit calls "sham" parole revocation hearings.

  • February 03, 2026

    Feds Fight Cyberstalking Atty's Bid For Pretrial Release

    The U.S. government has asked a Texas federal judge to reject a bid for pretrial release from a currently detained attorney charged with cyberstalking other attorneys at BigLaw firms.

  • February 03, 2026

    Dem Lawmakers Win Block On New ICE Detention Visit Policy

    A D.C. federal judge temporarily blocked a Trump administration policy that had required Congress members to provide a week's notice before making oversight visits to immigrant detention facilities, ruling the policy will likely be found unlawful.

  • February 03, 2026

    Clark Hill Expands Energy, Lobbying Teams With Hinshaw Atty

    An attorney with more than 20 years of experience advising clients on energy litigation matters and policy has moved her practice to Clark Hill PLC's Washington, D.C., office after nearly three years with Hinshaw & Culbertson LLP.

  • February 03, 2026

    Md. Lawmaker Pitches Urban Agriculture Property Tax Credit

    Maryland would allow more properties to qualify for local-option tax breaks for urban agriculture under legislation pitched to a state House of Delegates panel Tuesday.

  • February 03, 2026

    1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit

    The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.

  • February 03, 2026

    Trump's Iron Ore Pollution Exemption Is Unlawful, Enviros Say

    Environmental groups asked a D.C. federal judge to overturn a Trump administration decision to exempt low-grade iron ore processing facilities from new emission standards for mercury and acidic gases, alleging the president abused a provision in the Clean Air Act.

  • February 03, 2026

    Approach The Bench: Judge Yew Warns Of Deepfake Evidence

    After decades on the bench of the Santa Clara County Superior Court, Judge Erica Yew began to regard the future of courtroom evidence with some trepidation, as the rapid evolution of artificial intelligence made it easier to falsify documents, photos and videos.

  • February 03, 2026

    Calif. Justices Rule Loose Pot Is Not 'Open Container'

    The California Supreme Court has ruled that the mere presence of loose cannabis in a vehicle doesn't trigger the state's "open container" law, but instead it must be in a usable quantity and readily accessible to the driver to create probable cause that justifies a search.

  • February 03, 2026

    Kan. Bill Would Increase School Property Tax Exemption

    Kansas would increase its school property tax exemption for 2027 under a bill introduced in the state House of Representatives. 

  • February 03, 2026

    Kan. Bill Would Allow Liquor Tax Hike For Property Reduction

    Kansas would allow localities to increase their liquor tax rates if approved by voters in order to offset revenue losses from lowering property tax rates in the area under a bill introduced in the state House of Representatives.

  • February 03, 2026

    Habeas Cases Flood Courts After Immigrant Detention Shift

    Federal courts have been inundated with a flood of cases stemming from the Trump administration's revised approach to the detention of unauthorized immigrants, with judges routinely ruling against the government as immigration attorneys scramble to keep up.

  • February 02, 2026

    Trump Admin's Bid To End Haitian Protections Paused

    A D.C. federal judge on Monday postponed the Trump administration's termination of temporary protected status for Haitians, saying five Haitian nationals who sued the administration are likely to succeed in showing that the termination is unlawful.

  • February 02, 2026

    'Doesn't Make Sense': DOJ Irks Judge In Merger Fight With AGs

    A California federal judge said Monday that the U.S. Department of Justice must hand over certain discovery materials to Democratic attorneys general challenging the DOJ's controversial settlement greenlighting the $14 billion merger of Hewlett Packard Enterprise and Juniper Networks, telling the DOJ that its argument that discussions of alternative remedies are shielded from discovery "doesn't make sense."

  • February 02, 2026

    Calif. Cities Challenge DOJ Rules For Child Exploitation Funds

    San Diego and San Jose have sued the U.S. Department of Justice over new requirements for Internet Crimes Against Children program grant recipients, claiming that the federal government is unconstitutionally trying to force its immigration and diversity agendas on local governments and other grant recipients.

  • February 02, 2026

    EPA Slow To Intervene In Flint Water Crisis, Expert Tells Court

    A former U.S. Environmental Protection Agency official testified Monday in Michigan federal court that the agency should have intervened in the Flint water crisis a year before issuing its warning over high lead levels.

Expert Analysis

  • What 2025 Enforcement Actions Show About FERC's Priorities

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    A review of the Federal Energy Regulatory Commission's 2025 enforcement record suggests that this year, the commission will persist in holding market participants to their commitments, and continue active market surveillance and close cooperation with market monitors, says Ruta Skucas at Crowell & Moring.

  • Employment Immigration Trends And Challenges For 2026

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    U.S. companies competing for global talent should brace for a turbulent 2026, with greater compliance burdens, higher costs and the probability of workforce disruptions at every stage of the immigration process, from visa petitions to work authorization renewals, say attorneys at Duane Morris.

  • Top 5 Antitrust Issues For In-House Counsel To Watch In 2026

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    With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.

  • Funding Haze And Deregulatory Pursuits: The CFPB In 2026

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    In 2025, the Consumer Financial Protection Bureau did not seek additional funding from the Federal Reserve and unwound the legacy of former bureau leadership, and this year will bring further efforts to rescind or rewrite bureau regulations, as well as a changed tone to supervision efforts, say attorneys at Covington.

  • 4 Developments That Defined The 2025 Ethics Landscape

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    The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.

  • 5 Trade Secret Developments To Follow In 2026

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    Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.

  • Navigating AI In The Legal Industry

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    As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

  • How 2026 NDAA May Ease Entry To Defense Contracting

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    Reforms to implement a warfighting acquisition system included in the 2026 National Defense Authorization Act, signed on Dec. 18, are likely to reduce the burdens, risks and barriers that have previously impeded nontraditional defense contractors, say attorneys at Haynes Boone.

  • Regulatory Rollback And Lingering Limbo: The CFPB In 2025

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    The Consumer Financial Protection Bureau has implemented significant changes since President Donald Trump took office in January, including dismissing actions with prejudice, withdrawing guidance and rescinding rules, casting the bureau in uncertain light heading into 2026, say attorneys at Mayer Brown.

  • Nuclear Power Pitfalls And Opportunities To Watch For In 2026

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    Shepherding nuclear power projects to completion requires navigating more risks and obligations than almost any other infrastructure undertaking, but with the right strategies, states, developers, vendors and contractors can overcome these hurdles in 2026 and beyond, say attorneys at Squire Patton.

  • 2025 Calif. Banking Oversight Centered On Consumer Issues

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    The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.

  • A 6th Circ. Snapshot: 3 Cases That Defined 2025

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    With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.

  • Sports Gambling Scrutiny Expands Risks For Teams, Leagues

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    The Minnesota attorney general recently sent warning letters to 14 website operators for offering what the state considers illegal online gambling, demonstrating why the sports industry, including teams and leagues, should ask critical questions about organizational compliance, internal controls and potential criminal liability, say attorneys at Stinson.

  • The CFTC's Road Ahead Under Newly Confirmed Chair

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    Michael Selig's Dec. 18 confirmation as U.S. Commodity Futures Trading Commission chair comes at a critical juncture, as the agency is poised to gain oversight over the crypto industry and increase its jurisdictional mandate covering prediction markets, says Elizabeth Lan Davis at Davis Wright.

  • How Fractional GCs Can Manage Risks Of Engagement

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    As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

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