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Public Policy
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February 17, 2026
OCC Floats New Appeals Board To Hear Bank Exam Disputes
The Office of the Comptroller of the Currency is moving to overhaul its internal appeals process for banks, pitching a new review board and other changes that could make challenges to examiner findings more common and more likely to succeed.
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February 17, 2026
CFTC Backs Prediction Markets In 9th Circ. Fight With Nevada
U.S. Commodity Futures Trading Commission Chair Michael Selig told state gaming regulators Tuesday that he intends to defend his agency's "exclusive jurisdiction" over prediction markets, starting with a brief to the Ninth Circuit backing Crypto.com in an ongoing brawl with Nevada regulators over its sports wagers.
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February 17, 2026
Colo. Utility Advocates Dispute Energy Financing Program
The Colorado Office of the Utility Consumer Advocate, or UCA, claimed in Colorado state court Friday that a recent decision to approve a tariffed on-bill financing program to help customers purchase energy efficiency upgrades violates state law.
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February 17, 2026
FCC Investigating Possible Lifeline Fraud In Calif., Beyond
Lifeline providers in states that were allowed to opt out of the federal verification process might soon find themselves in the hot seat, as the Federal Communications Commission revealed Tuesday it has launched investigations into certain providers from three states.
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February 17, 2026
Wash. Governor Demands Changes To Millionaires' Tax Bill
A proposal for a nearly 10% tax on income above $1 million that has passed the Washington state Senate is a good start, but it needs significant changes before it gets his signature, Democratic Gov. Bob Ferguson said Tuesday.
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February 17, 2026
No Need To Reopen Asbestos Suit, Insurance Exchange Says
An insurance exchange for the trucking industry has told a California federal judge he does not need to reopen its case against a group of reinsurers as the parties battle whether to remove a "side-switching" arbitrator, explaining that a New York state court will likely rule soon on the issue.
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February 17, 2026
Judge Trims Moderna's Defenses In COVID Patent Suit
A federal judge sitting in Delaware on Tuesday ruled that Moderna could not use obviousness to defend itself from patent claims brought by a rival vaccine developer since it already used that as a defense in related Patent Trial and Review Board proceedings, saying that Moderna had offered expert opinions to support a defense that the patents don't sufficiently teach about the claimed invention.
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February 17, 2026
Harvard Beats Suit By Prof Denied Tenure After Viral Incident
Harvard University scored a pretrial win Tuesday in a Massachusetts state court suit brought by a professor who said the school wrongly denied him tenure after several incidents, including emails to a Chinese restaurant over a $4 overcharge that went viral.
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February 17, 2026
9th Circ. Clears Way For Nev. Gaming Action Against Kalshi
The Ninth Circuit on Tuesday denied Kalshi's request to keep its sports event contracts safe from Nevada gaming regulators, clearing the way for the state to bring a civil enforcement action against the online trading platform.
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February 17, 2026
FCC's Equal Time Stance Blasted As Colbert Tanks Interview
Progressives called the Federal Communications Commission's rollout of equal-time policies against late-night talk shows slanted after Stephen Colbert blamed the FCC for being forced to move an interview with a Democratic Senate candidate off the air.
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February 17, 2026
DOJ Cites Gun Ban For Mentally Ill In Cannabis User Case
The U.S. Department of Justice told the Eighth Circuit not to excuse a man's conviction for possessing a firearm while being an unlawful cannabis user, arguing federal law limiting his rights is constitutional since it's analogous to historical laws preventing the mentally ill or dangerous drunkards from owning guns.
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February 17, 2026
Union Foe Can't Fight Ore. Impostor Ban, Court Told
Accepting a conservative think tank's challenge to an Oregon law that threatens fines for impersonating public-sector unions would clash with decades of precedent on the state's exposure to enforcement challenges, a union attorney said Tuesday in arguments on its bid to toss the suit.
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February 17, 2026
Judge Rips Drugmakers' Borderline 'Disingenuous' Appeal Bid
A Connecticut federal judge has rejected generic-drug makers' request for a quick appeal of his ruling denying them summary judgment on states' claims they engaged in an "overarching conspiracy" to fix prices, slamming the request for being borderline "disingenuous," mischaracterizing his reasoning and ignoring direct evidence of alleged wrongdoing.
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February 17, 2026
Ga. Panel Says Union Shorted Cop's Defense Over Shooting
A Georgia appellate panel on Tuesday upheld a trial court's ruling that a police union breached its contract with a former Atlanta officer by failing to furnish him with legal representation after a high-profile shooting, clearing the way for the case to proceed to trial.
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February 17, 2026
SEC's Atkins Floats Litigation 'Safe Harbor' For Public Cos.
U.S. Securities and Exchange Commission Chairman Paul Atkins on Tuesday put forth a raft of ideas for encouraging shorter corporate disclosures, including a possible "safe harbor" for publicly traded companies looking to avoid shareholder lawsuits for failing to report the impact of highly publicized events on their businesses.
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February 17, 2026
County's Tourism Tax Use Was Reasonable, NC Justices Told
Counsel for a coastal North Carolina county told the state's Supreme Court justices Tuesday that commissioners' decision to spend occupancy tax dollars on public safety and infrastructure wasn't arbitrary and capricious, while opining that buying carnival equipment for their own pleasure might be.
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February 17, 2026
Immigration Judge Halts Student's Deportation Over Speech
An immigration judge has ended the Trump administration's attempt to deport Columbia University student and green card holder Mohsen Mahdawi, dinging the government for failing to authenticate evidence that he's removable for threatening U.S. foreign policy goals.
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February 17, 2026
Law Professors Sue EEOC For Firm DEI Letter Records
Two professors at law schools in Michigan and Florida have sued the Equal Employment Opportunity Commission in D.C. federal court, seeking documents related to 20 letters the agency sent to law firms over their purported diversity, equity and inclusion practices.
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February 17, 2026
FCC Threatens To Nix Mich. Radio Licenses Over Unpaid Fees
The Federal Communications Commission said it will yank the licenses for seven Michigan radio stations if the company that holds the licenses fails to pay the regulatory fees it has been delinquent on for several years.
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February 17, 2026
States Say FEMA Ignoring Disaster Mitigation Funding Order
Two months after a federal judge ruled that the Trump administration's cancellation of a federal disaster mitigation program was illegal, the government has not shown any signs of restoring it, a coalition of states said Tuesday.
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February 17, 2026
Minn. Justices Urged To Uphold Hilton Valuation Cuts
A county assessor overvalued a Minneapolis Hilton hotel and convention center, the property owner told Minnesota's justices, urging the high court to uphold the state tax court's proper valuation.
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February 17, 2026
Navajo Nation Supports NM Bill For Native ID Designation
The Navajo Nation's tribal council members are throwing their support behind a New Mexico bill that will allow for Native American designations on state-issued driver's licenses and identification cards.
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February 17, 2026
NY Regulators, Cannabis Biz Challenge Town's Zoning Policy
New York cannabis regulators and a licensed cannabis business have urged a state appellate court to find that the state's marijuana law preempts localities from enforcing more stringent location policies for marijuana stores than what is found in state law.
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February 17, 2026
Aviation, Wireless Biz Work On 'Consensus' For C-Band
Federal aviation experts are working closely with the wireless industry to develop a "consensus framework" for next-generation aircraft safety gear to avoid congestion of 5G and flight signals in the C-band, a carriers' group says.
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February 17, 2026
DC Judge Won't Halt Bidding Process For New Dulles Terminal
A D.C. federal judge refused to stop the bidding process for a private luxury terminal at Washington Dulles International Airport, finding that a company in the running can't show that it was injured if the contract hasn't been awarded yet, undercutting its injunction request.
Expert Analysis
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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.
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Limiting Worker Surveillance Risks Amid AI Regulatory Shifts
With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt state-level artificial intelligence enforcement, companies may feel encouraged to expand AI monitoring, but the legal exposure associated with these tools remains, say attorneys at MoFo.