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Public Policy

February 23, 2026
'Wackadoo': 9th Circ. Awarding Stays 'Like Candy,' Judge Says

The Ninth Circuit is defying U.S. Supreme Court precedent and supersizing its immigration docket by freely awarding lengthy deportation reprieves, according to a new dissent that described a "Wackadoo" realm where noncitizens can safely await "the next Democrat administration."
February 23, 2026
Feds Point To 8th Circ. In Sinclair Station Takeover OK

Sinclair Inc. has gotten the go ahead to proceed with the acquisition of three television stations in Michigan and New York that it previously would have been barred from buying under long-standing FCC media ownership rules that were recently struck down by the Eighth Circuit.
February 23, 2026
High Court Crafts Escape Hatch In Review Of Climate Torts

The U.S. Supreme Court on Monday agreed to determine whether a climate change lawsuit against fossil fuel companies can proceed in state court, but the justices also created a potential off-ramp by questioning whether they can actually hear the case.
February 23, 2026
DC Circ. Talks Sharks, Moats In Vertex HHS Kickback Appeal

Sharks and moats were top of mind Monday morning for one judge on the D.C. Circuit, as gene therapy drugmaker Vertex Pharmaceuticals attempted to convince the court that its fertility preservation program does not violate the Anti-Kickback Statute.
February 23, 2026
ICE Atty Whistleblower Rips 'Broken' Agent Training Program

An ex-U.S. Immigration and Customs Enforcement attorney testified before a Senate committee Monday that he recently resigned so he could blow the whistle on ICE-officer training cuts amid its hiring surge, slamming the truncated program for being "deficient, defective and broken" and accusing supervisors of secretly pushing "blatantly" unconstitutional orders.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.

Expert Analysis

Nuclear Power Pitfalls And Opportunities To Watch For In 2026

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

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

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

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

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

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.
SEC Rulemaking Radar: A Reset, A Shift And A Preview Of '26

With major proposals withdrawn and new priorities emerging, forthcoming U.S. Securities and Exchange Commission proposals in 2026 will look to reshape how digital assets are regulated, recalibrate market structure and simplify how small companies go public, says Christopher Grobbel at Goodwin.
Changes In Crypto, Cybersecurity Defined NY Banking In 2025

The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
Opinion

Justices Should Clarify Loper Bright Doctrine Via Patent Case

The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.
How OECD Tax Update Tackles Mobile Workforce Complexity

The Organization for Economic Cooperation and Development’s recently updated model tax convention — a recalibration of international tax principles in response to an increasingly mobile workforce — should prompt companies to reevaluate cross-border operations, transfer pricing policies and tax controversy strategies, say attorneys at Eversheds.
Reviewing 2025's Most Pertinent Wiretap Developments

2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
2025 Legal Milestones That Will Shape Psychedelics Sector

As 2025 draws to a close, psychedelic drug development stands at an inflection point, experiencing unprecedented momentum through recent sweeping regulatory changes and landmark clinical milestones, amid rapidly evolving regulatory expectations, say Odette Hauke at Odette Alina LLC and Kimberly Chew at Husch Blackwell.
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.