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Public Policy
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February 24, 2026
High Court Rejects NJ Towns' Bid To Pause Housing Rule
The U.S. Supreme Court on Tuesday declined to pause a provision of New Jersey's affordable housing framework that a coalition of state municipalities said unfairly places all responsibility for building such housing on non-urban municipalities.
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February 24, 2026
Voters Can't Have Say In PUD Project, Developers Claim
A ballot measure in Greeley, Colorado, attempting to overturn the creation of a planned unit development project is under fire from three signatories, which claimed in a complaint filed in state court Monday that the ballot measure is unconstitutional.
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February 24, 2026
10th, 5th Circ. Stalwarts Step Back From Bench
U.S. Circuit Judge Timothy Tymkovich has announced that he'll take senior status from his seat on the Tenth Circuit, just a day after U.S. Circuit Judge James L. Dennis said he'd step down from the Fifth Circuit.
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February 24, 2026
DC Circ. Presses Gov't On Reason For $20B EPA Clawback
The full D.C. Circuit gave the federal government the third degree Tuesday as it tried to convince the court that it should stick with a panel's decision that the Environmental Protection Agency is allowed to freeze $20 billion in grant funds intended for green groups.
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February 24, 2026
Denver Schools Face Racketeering, Mortgage-Scheme Suit
A group of parents with students in the Denver Public Schools system claimed in a complaint Tuesday that DPS has illegally been mortgaging numerous school district-owned properties for decades, which has created a "financial catastrophe" and "extraordinary debt situation" for the school district.
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February 24, 2026
DJI Asks 9th Circ. To Strike Down FCC 'Covered List' Ruling
Drone maker DJI has decided not to wait to find out whether the Federal Communications Commission will reconsider its decision to place many of its products on the "covered list" before appealing to the Ninth Circuit the ruling declaring its products suspect.
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February 24, 2026
Heirs Push DC Circ. To Rehear Nazi Art Expropriation Case
The descendants of a Hungarian Jewish art collector trying to recover a Nazi-looted art collection have asked the full D.C. Circuit to rehear their appeal, arguing that a three-judge panel of the court erred in affirming a lower court's dismissal of their lawsuit.
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February 24, 2026
Tariff-Related Disputes May Go Beyond Just Refunds
In addition to the likely chaotic refund process to follow last week's bombshell U.S. Supreme Court ruling striking down the Trump administration's broad tariff regime, the decision could also result in a wide range of private commercial disputes, and possibly even investment treaty claims against the U.S.
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February 24, 2026
Enbridge Opposes High Court Exam Of Mich. Immunity Claims
Enbridge Energy is urging the U.S. Supreme Court not to examine the Michigan governor's sovereign immunity claims as it fights her decision to revoke a pipeline easement, arguing she has sought to "manufacture" a conflict in federal precedent.
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February 24, 2026
Justices Urged To Restore 'Critical Limits' To SEC Sanction
The U.S. Supreme Court should make it clear that the U.S. Securities and Exchange Commission cannot seek disgorgement from wrongdoers without first identifying victims who have suffered financial harm, the justices heard as briefing got underway in a case that could curb the agency's ability to collect money from alleged fraudsters.
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February 24, 2026
IPhones Are Radios, Not Phones, Under Wash. Consumer Law
A federal judge tossed a case accusing Apple, Best Buy and Walmart of breaking a Washington state law meant to protect telephone buyers, ruling in a matter of first impression that iPhones qualify as radio equipment, not telephone handsets, for the purposes of the state's Telephone Buyers' Protection Act.
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February 24, 2026
Agri Stats To Face DOJ In May Info-Sharing Antitrust Trial
A Minnesota federal judge refused Tuesday to let Agri Stats duck the U.S. Department of Justice's antitrust case alleging the companies' protein industry reports help major producers hike prices, teeing up the case for trial and at the same time allowing the government to take over an early May trial slot.
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February 24, 2026
Watchdog Fines Debt Collector $100K For Repeat Calls To ER
Connecticut's banking regulator has issued a cease-and-desist order and levied a $100,000 civil penalty against an unlicensed debt collector that it accused of placing two back-to-back phone calls to a hospital emergency room in an effort to reach a debtor.
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February 24, 2026
Ariz. Bill To Limit 'No Surprises' Arbitration Offers Put On Hold
A powerful Arizona state lawmaker this week agreed to pause his proposal to establish limits on how much medical providers can seek under the No Surprises Act arbitration system, saying the legislation needs more work and he'll bring it back next year.
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February 24, 2026
Mich. Judge Bars 'Hearsay' Testimony In Flint Water Trial
A Michigan federal judge on Tuesday sharply limited the scope of testimony in the Flint water trial from a regional counsel for the U.S. Environmental Protection Agency, ruling the attorney may not serve as a "conduit for hearsay" or narrate events he learned through preparation for a deposition.
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February 24, 2026
Coinbase Asks Judge To Bar Ill. Action Over Event Contracts
Coinbase urged an Illinois federal judge Tuesday to grant an injunction blocking the state's enforcement of its gaming laws against the company's sports-related event contracts offerings, arguing that effort "falls right in the heartland of preempted state laws" and that such transactions can only be regulated by the U.S. Commodity Futures Trading Commission.
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February 24, 2026
Feds' White Collar Crime Enforcement 'Retreat' Raises Alarms
Money laundering-related fines and tax fraud investigations plummeted last year as President Donald Trump shifted federal agents away from combating financial crime to focus on the immigration crackdown, according to recent reports that have raised alarms among experts about the state of white collar enforcement in the U.S.
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February 24, 2026
11th Circ. Clears Path For CFPB's Clean-Energy Loan Rule
The Eleventh Circuit on Tuesday allowed the Consumer Financial Protection Bureau's new rule on clean-energy home improvement loans to take effect next week, rejecting a last-ditch attempt by a trade group to block the Biden-era measure's mortgage-style protections.
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February 24, 2026
Mallinckrodt's Ch. 11 Blocks Antitrust Payouts, Judge Rules
A Connecticut federal judge has ruled that drugmaker Mallinckrodt PLC shrugged off monetary claims brought by states in a sprawling generic drug antitrust enforcement action when the company emerged from bankruptcy in 2022.
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February 24, 2026
Detective Wants Immunity For Fla. GOP Chair Phone Search
A Sarasota police detective has moved to dismiss a lawsuit brought by the former chair of the Florida Republican Party accusing her of violating the Fourth Amendment during a 2023 sexual assault investigation, arguing she is protected by qualified immunity and relied on judge-approved warrants.
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February 24, 2026
3 More Challenges To PTAB Policy Shifts Tossed By Fed. Circ.
The Federal Circuit on Tuesday spurned three more cases seeking relief from new U.S. Patent and Trademark Office policies that make it more difficult to get Patent Trial and Appeal Board proceedings instituted, bringing the total number of denied petitions to 10.
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February 24, 2026
NJ Co. To Pay $2.6M To End Claims Over Foreign Vessel Use
A New Jersey company will pay $2.6 million to settle allegations that it used foreign-flagged vessels to move shipping containers made for the U.S. Army and Air Force, federal prosecutors said.
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February 24, 2026
Senate Dem Seeks Info On FCC's Equal Time Enforcement
Sen. Richard Blumenthal, D-Conn., demanded documents on the Federal Communications Commission's equal time rules and what he called the "alarming prospect" of CBS owner Paramount Skydance Corp. expecting favoritism from agencies as it tries to buy Warner Bros. Discovery.
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February 24, 2026
FCC Says Watchdog 'Rushed To Court' In Suit For DOGE Docs
The Federal Communications Commission told the D.C. federal court that it has sought to comply with a watchdog group's request for records tied to Elon Musk's government-slashing effort but that it would be "unwarranted" to conduct discovery to find out what might still be held back.
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February 24, 2026
House Votes Down Aviation Safety Bill After DCA Collision
The House on Tuesday defeated legislation that would've mandated aircraft-tracking technology in all aircraft, alongside fresh audits of Federal Aviation Administration and military procedures, in response to last year's deadly midair collision between an Army helicopter and an American Airlines regional jet near Washington, D.C.
Expert Analysis
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Opinion
US Cybersecurity Strategy Must Include Immigration Reform
Cyberthreats are escalating while the cybersecurity workforce remains constrained due to a lack of clear standards for national-interest determinations, processing backlogs affecting professionals who protect critical public systems and visa allocations that do not reflect real-world demands, says Rusten Hurd at Colombo & Hurd.
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How 2025 Executive Orders Are Reshaping Consumer Finance
In 2025, President Donald Trump used executive orders to initiate a reversal of policies on fair lending, urge agencies to use enforcement and supervisory tools to police debanking, and reduce consumer financial regulation — and the resulting flurry of deregulatory activity will likely continue in 2026, says Elizabeth Tucci at Goodwin.
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A Look At EEOC Actions In 2025 And What's Next
President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.
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FDA's AI Deployment Brings New Potential And Risks
The U.S. Food and Drug Administration's recent announcement about making agentic artificial intelligence tools available to agency employees may portend accelerated regulatory timelines and lower costs for drug companies and consumers, but potential errors and biases will necessitate additional safeguards, says Angela Silva at Lewis Brisbois.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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OFAC Sanctions Will Intensify Amid Global Tensions In 2026
The Office of Foreign Assets Control will ramp up its targeting of companies in the private equity, venture capital, real estate and legal markets in 2026, in keeping with the aggressive foreign policy approach embraced by the Trump administration in 2025, say attorneys at Holland & Knight.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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Wis. Sanctions Order May Shake Up Securities Class Actions
A Wisconsin federal court’s recent decision to impose sanctions on a plaintiffs law firm for filing a frivolous Private Securities Litigation Reform Act complaint in Toft v. Harbor Diversified may cause both plaintiffs and defendants law firms to reconsider certain customary practices in securities class actions, says Jonathan Richman at Brown Rudnick.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Reinventing Bank Risk Mgmt. After 2025's Cartel Crackdown
The Trump administration's 2025 designation of certain transnational drug cartels as terrorists means that banks must adapt to a narrowing margin of error in their customer screening and transaction assessments by treating financial crime prevention as a continuous and cross-enterprise concern with national security implications, says Jack Harrington at Bradley Arant.
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How Developers Can Harness New Texas Zoning Framework
A Texas law introducing a new zoning framework has the potential to unlock meaningful multifamily development opportunities, but developers and their project teams should follow four steps to help identify how affected cities are interpreting and implementing the new law, says Angela Hunt at Munsch Hardt.
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Where States Jumped In When SEC Stepped Back In 2025
The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.
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2026 Enforcement Trends To Expect In Maritime And Int'l Trade
The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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Streamlining Product Liability MDLs With AI And Rule 16.1
With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.