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Public Policy
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March 18, 2026
NJ Justices Say Tidelands Steward Can Modify Pierhead Lines
The New Jersey Supreme Court on Wednesday held that the state's tidelands steward is permitted to modify or establish a pierhead line in front of an individual property owner's land, rejecting a challenge to the approval of two licenses permitting the expansion of a dock in Barnegat Bay.
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March 18, 2026
Reps. Seek Inquiry Of DHS Official's Influence Over Contracts
Democratic lawmakers urged a U.S. Department of Homeland Security watchdog on Wednesday to investigate outgoing secretary Kristi Noem's "shadow chief of staff," whom they accuse of wielding undue influence over DHS contracting decisions.
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March 18, 2026
USPTO Wants 900 New Patent Examiners By October
The U.S. Patent and Trademark Office plans to hire 900 patent examiners focusing on sciences and engineering by Oct. 1, two agency managers said in a Wednesday webinar.
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March 18, 2026
Rand Paul Goes After DHS Secretary Nom Mullin In Hearing
Sen. Markwayne Mullin, R-Okla., the nominee to replace Kristi Noem as secretary of the U.S. Department of Homeland Security, faced a scathing rebuke on Wednesday from Sen. Rand Paul, R-Ky., who was chairing the confirmation hearing.
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March 18, 2026
9th Circ. Urged To Rehear Cannabis Dormant Commerce Case
A California attorney who has challenged cannabis social equity programs in numerous jurisdictions asked the entire Ninth Circuit on Tuesday to reconsider whether the U.S. Constitution's dormant commerce clause applies to federally illegal marijuana.
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March 18, 2026
FCC Removes 4 Drone Systems From Security Risk List
The Federal Communications Commission has authorized more drones for distribution on the U.S. market, after defense officials cleared them from posing national security risks.
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March 18, 2026
Wash. Tribes Dispute 'Inaccurate' Salmon Hatchery Fund Order
Two Washington tribes are asking a federal court to reconsider a decision that denied their bid to side aside $22 million in salmon hatchery funding, arguing that despite National Atmospheric and Oceanic Administration claims to the contrary, they've never said they're ineligible for the grant money.
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March 18, 2026
Georgia DA Cleared To Appeal Election Case Legal Fee Ruling
Fulton County District Attorney Fani T. Willis can appeal a ruling that blocked her from intervening in an attempt by President Donald Trump and 13 co-defendants previously accused of election interference to recoup nearly $16 million in legal fees, a Georgia judge ruled this week.
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March 18, 2026
Suit Aims To Stop Gulf Endangered Species Exemption
A conservation group asked a D.C. federal judge Wednesday to declare that an upcoming U.S. Department of the Interior meeting to exempt oil and gas activities in the Gulf of Mexico from the Endangered Species Act was called illegally, arguing that the meeting could ultimately result in species' extinction.
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March 18, 2026
Tax Prep Firm Can't Challenge Bulk Denial Of Tax Credits
Two tax preparation companies don't have enough interest in their clients' refunds to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, the Ninth Circuit found, affirming an Arizona district court's ruling.
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March 18, 2026
Calif. Bills Would Reform Litigation Funding, Client Recruiting
Two new bills introduced to the California Assembly this week seek to impose reforms on the state's legal industry, including adding mandatory disbarment for attorneys convicted of felony "capping" — or illegally paying for client recruitment — and blocking corporate litigation funders from influencing cases.
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March 18, 2026
FCC Warns 'Rip, Replace' Participants That It Will Be Watching
Companies receiving Federal Communications Commission funds under the "rip and replace" program ought to be keeping good records of how they're spending the agency's money and disposing of the equipment they're supposed to be replacing, the FCC warned recently.
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March 18, 2026
Powell Says He Won't Make Fed Exit While Facing DOJ Probe
Federal Reserve Chair Jerome Powell said Wednesday that he will stay on as a board member of the central bank if he remains under U.S. Department of Justice investigation when his term as Fed chairman runs out this spring.
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March 18, 2026
Coal Plant Order Was Right Call, Energy Dept. Tells DC Circ.
The U.S. Department of Energy has urged the D.C. Circuit to back the DOE's order keeping a Michigan coal-fired power plant open, saying the Federal Power Act gives Energy Secretary Chris Wright broad emergency authority to prevent power plants from closing.
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March 18, 2026
FDA Can't 'Refuse To File' Tobacco Applications, Suit Says
The maker and a seller of Zone nicotine pouches are suing the U.S. Food and Drug Administration in Texas federal court, alleging the agency stalled and eventually refused to file their marketing application, despite federal law requiring the FDA to either approve or deny such applications.
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March 18, 2026
CIT OKs 2nd Try At US Ruling Against Vietnamese Solar Cells
The U.S. Department of Commerce adequately explained, on its second try, its finding that solar cells imported from Vietnam circumvented U.S. countervailing and antidumping duties on Chinese products, the U.S. Court of International Trade found.
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March 18, 2026
ICE Must Face Class Claims Over Virtual Access To NJ Courts
The U.S. Department of Homeland Security and Immigration and Customs Enforcement can't duck a lawsuit that New Jersey detainees at a Pennsylvania detention center had filed over their lack of virtual access to state court proceedings, a federal judge ruled Tuesday.
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March 18, 2026
Mich. Justices Hear Broad Support For Court Rule Changes
The Michigan Supreme Court received largely supportive feedback Wednesday at its public administrative hearing on a series of proposed court rule changes, including amendments dealing with electronic service, unpublished appellate opinions and state bar representative assembly elections.
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March 18, 2026
Ind. Board Must Review Electrician Program's Tax Break
An Indiana training program for electricians may be considered a school and, thus, become eligible for a property tax exemption after the tax board too narrowly interpreted the definition of a school, the Indiana Tax Court said.
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March 18, 2026
NJ Judge Tosses Ex-Elections Chief's Suit Over Ouster
A New Jersey state judge has tossed the ex-Garden State elections chief's suit against former Gov. Phil Murphy and members of the governor's administration over efforts to oust him.
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March 18, 2026
Del. Allows County Subpoena Of Witnesses For Assessments
Delaware authorized its counties to subpoena witnesses and evidence under certain conditions in disputes over nonresidential real property's assessed value as part of a bill signed by the governor.
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March 17, 2026
Trump Admin Ordered To Reinstate Voice Of America Workers
A D.C. federal judge Tuesday gave the Trump administration until March 23 to reinstate more than a thousand journalists and staff at Voice of America illegally laid off roughly a year ago, ruling that the government's moves to dismantle the program were arbitrary and capricious and contrary to Congress' intentions.
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March 17, 2026
SEC Draws Lines With Crypto 'Token Taxonomy' Guidance
The U.S. Securities and Exchange Commission shared its anticipated "token taxonomy" on Tuesday, issuing interpretive guidance that detailed which types of cryptocurrency assets appear to be beyond the reach of securities laws and the circumstances that could pull them back into the regulator's oversight as part of an investment contract.
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March 17, 2026
DC Circ. To Decide How Far Back FERC Can Order Refunds
The D.C. Circuit is set to decide exactly how far back the Federal Energy Regulatory Commission can go in implementing refund orders based on rate adjustments, having spent nearly two hours Tuesday morning hashing out the matter with several attorneys.
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March 17, 2026
SEC Won't Reconsider Upholding Ex-Broker's FINRA Fines
The U.S. Securities and Exchange Commission won't revisit its earlier holding partially sustaining certain Financial Industry Regulatory Authority findings and sanctions against a former stockbroker who's challenged the constitutionality of the self-regulatory organization, stating that the stockbroker's reconsideration bid hadn't asserted the regulator erred in its earlier decision.
Expert Analysis
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Radiation Standard Shift Might Add Complications For Cos.
In keeping with the Trump administration's focus on nuclear energy, the U.S. Department of Energy recently announced that it will eliminate the "as low as reasonably achievable" radiation protection standard for agency practices and regulations — but it is far from clear that this change will benefit the nuclear power industry, say attorneys at K&L Gates.
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Bipartisan Enforcement Is Rising In Consumer Finance
Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.
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How Attorneys Can Navigate Shifts In Financing Landscape
Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.
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A Primer On Law Enforcement Self-Defense Doctrine
In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.
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Ramped Up Psychedelic Production Carries Opportunity, Risk
Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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New Biotech Nat'l Security Controls May Have Blunted Impact
While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Takeaways From The DOJ Fraud Section's 2025 Year In Review
Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.
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New State Regs On PFAS In Products Complicate Compliance
The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.
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Bid Protest Data Contradicts Claims That System Is Inefficient
Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.
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Opinion
Congress Should Lead On AI Policy, Not The States
There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.
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Breaking Down Expense Allocation In Mixed-Use Properties
Rapid increases in condominium fees and special assessments, driven by multiple factors such as rising insurance costs and expanded safety requirements, are contributing to increased litigation, so equitable expense allocation in mixed-use properties requires adherence to the governing documents, says Mike Walden at FTI Consulting.
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Opinion
Minn. Can Still Bring State Charges In Absence Of Fed Action
After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.
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4 Lessons From FTC's Successful Bid To Block Edwards Deal
The Federal Trade Commission's recent victory in blocking Edwards Lifesciences' acquisition of JenaValve offers key insights for deals in life sciences and beyond, including considerations around nonprice dimensions and clear skies provisions, say attorneys at Orrick.