Public Policy

  • 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.

  • February 02, 2026

    Ex-Goldstein Employee Claims Accountants Made Mistakes

    Defense attorneys for SCOTUSblog founder Thomas Goldstein presented evidence Monday that his firm's tax accountants made serious mistakes in tax filings for Goldstein's wife, Amy Howe, in 2021.

  • February 02, 2026

    COVID-Era Eviction Pause Was Illegal, Wash. Landlords Claim

    Moratoriums that shielded Washington renters from eviction during the height of the COVID-19 pandemic unconstitutionally forced property owners to house tenants who otherwise had no right to remain in their units, according to a lawsuit removed to federal court in Tacoma Friday by one of the local governments being sued.

  • February 02, 2026

    DC Circ. Gets History Lesson As Tribe Fights For Utah Land

    The D.C. Circuit got a lesson in tribal history dating back to the 19th century as lawyers for the federal government and a Native American tribe argued Monday whether a congressional act gives the tribe compensable title to 1.5 million acres of Utah land where an oilfield lies.

  • February 02, 2026

    Nevada Judge Temporarily Halts Polymarket Sports Contracts

    A Nevada state judge issued a temporary restraining order prohibiting Polymarket from offering sports contracts in the state for two weeks, finding that the platform's offerings constitute "gaming" under state law.

  • February 02, 2026

    'Star Trek'-Citing Judge Says Moderna Can't Ax $5B Vax IP Suit

    Moderna Inc. will have to face most of a rival mRNA vaccine developer's $5 billion patent suit over the company's COVID-19 vaccines at a trial in Delaware, a federal judge ruled on Monday, invoking "Star Trek" in a summary judgment order that left issues like patent invalidity up to the jury.

  • February 02, 2026

    Mich. AG Can't Toss Fire Policy Challenge, Property Co. Says

    A property owner urged a Michigan federal court to allow its proposed class action over the constitutionality of the state's Fire Insurance Withholding Program to go forward, saying the state attorney general's bid to dismiss the suit is untimely and improper as an intervening party.

  • February 02, 2026

    First Woman Justice Elected To Wash. High Court To Retire

    Washington State Supreme Court Justice Barbara A. Madsen, the first woman to be voted onto the court and the second-longest serving justice in state history, said Monday she plans to retire this spring after 33 years on the bench.

  • February 02, 2026

    Custodians Tell NJ Justices COVID Law Doesn't Preempt CBA

    School custodians urged the New Jersey Supreme Court on Monday to reinstate an award of extra money for their in-person work during the pandemic, arguing an arbitrator had a reasonably plausible interpretation of a state statute when he determined it didn't preempt the custodians' collective bargaining agreement.

  • February 02, 2026

    Offshore Wind Crowns Courtroom Sweep With Sunrise Restart

    A D.C. federal judge on Monday lifted the Trump administration's halt of the Sunrise Wind project, the final victory for five East Coast offshore wind farms that all convinced courts to block the government's stop-work orders.

  • February 02, 2026

    Colo. Justices Strike Down Laws Governing County Appeals

    The Colorado Supreme Court found two sections of Colorado law unconstitutional Monday because they allowed final judgments in county court cases to be appealed directly to the Colorado Court of Appeals.

  • February 02, 2026

    Monthly Merger Review Snapshot

    U.S. enforcers reached three new merger settlements, while the Federal Trade Commission successfully blocked a $945 million heart valve deal and lodged an appeal for its case targeting Meta's past acquisitions.

  • February 02, 2026

    NHTSA To Redo Heavy-Duty Pickup Truck Fuel Economy Rule

    The National Highway Traffic Safety Administration told auto manufacturers Friday that it's preparing to retool fuel economy standards for heavy-duty trucks, as the Trump administration presses ahead with its dismantling of Biden-era policies that sought to bolster the adoption of electric-vehicle fleets.

  • February 02, 2026

    FCC's Phone Subsidy Fund Aims To Improve Nat'l Verifier

    As the Federal Communications Commission responds to reports from its internal auditors of widespread fraud in Lifeline phone services, the program's administrator has said progress is underway to strengthen a national system to verify beneficiaries.

  • February 02, 2026

    2nd Circ. Partially Revives Suit Over NY Foster Care Rules

    A group of New York City children who were taken from their parents and placed into foster care have standing to challenge the legality of state rules preventing them from being placed with relatives with criminal histories, a Second Circuit panel determined on Monday.

  • February 02, 2026

    Curaleaf Can't Ditch All Ill. Whistleblower Act Claims

    An Illinois magistrate judge on Monday mostly denied a bid from Curaleaf Inc. to throw out a former regional director's Illinois Whistleblower Act claims, saying the complaint is sufficient to allege that he was retaliated against for reporting compliance violations to the state government.

Expert Analysis

  • The SEC Whistleblower Program A Year Into 2nd Trump Admin

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    The U.S. Securities and Exchange Commission's whistleblower program continues to operate as designed, but its internal cadence, scrutiny of claims and operational structure reflect a period of recalibration, with precision mattering more than ever, say attorneys Scott Silver and David Chase.

  • Autonomous Vehicle Liability Trends To Watch In 2026

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    With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.

  • Key Crypto Class Action Trends And Rulings In 2025

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    As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.

  • New Russia Energy Sanctions Add Compliance Complexity

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    Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.

  • 6 Laws For Calif. Employers To Know In 2026

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    California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.

  • How New SEC Policies Shift Shareholder Proposal Landscape

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    U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.

  • NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?

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    Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.

  • Tracking The Evolution Of AI Insurance Regulation In 2025

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    As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation

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    On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.

  • Prepping For 2026 Shifts In Calif. Workplace Safety Rules

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    California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • How AI Exec Order May Tee Up Legal Fights With States

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    The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.

  • Recent Proposals May Spell Supervision Overhaul For Banks

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    A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.

  • Where DEI Stands After The Federal Crackdown In 2025

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    The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.

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