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Public Policy

February 11, 2026
AGs Warn Cos. Plastic Initiatives May Break Competition Laws

The attorneys general of 10 red states have warned 80 corporations that their purported involvement in organizations aiming to reduce plastic waste might run afoul of antitrust and consumer protection laws, following similar competition-focused actions targeting environmental and diversity groups at the state and federal levels.
February 11, 2026
Not 'Your Dad's DOJ': Recapping Year 1 Under Bondi

Even before her contentious congressional testimony on Wednesday, few U.S. attorneys general had been embroiled in so many controversies so early into their tenures as Pam Bondi, who critics and supporters alike say embodies a new era at the Justice Department.
February 11, 2026
SNAP Recipients Appeal In 2nd Circ. Over Card Scam Suit

The Legal Aid Society and Freshfields US LLP have filed a Second Circuit appeal on behalf of Supplemental Nutrition Assistance Program recipients whose food benefits were stolen in widespread "skimming" scams, arguing that a lower court wrongly denied the victims replacement of their stolen benefits.
February 11, 2026
Paxton Topples U.S. Senate Seat Rival's Work License Rule

Texas Attorney General Ken Paxton said this week that state agencies must require applicants to provide Social Security numbers when applying for occupational licenses, saying it's been "unambiguously" required under state law for more than 30 years.
February 11, 2026
Trump Directs DOD To Purchase Power From Coal Plants

President Donald Trump on Wednesday directed the U.S. Department of Defense to purchase electricity from coal-fired power plants to fuel its facilities, the latest in a series of efforts by his administration to boost the U.S. coal industry.
February 11, 2026
Wash. 'Millionaires Tax' Bill Clears First Legislative Hurdle

A lawmaking committee in Washington state has advanced an amended "millionaires tax" proposal, voting mostly along party lines to pass a bill that would levy a 9.9% income tax on earnings above $1 million.
February 11, 2026
Colo. Secretary Of State Fights DOJ's Suit For Voter Data

Colorado's secretary of state asked a federal judge to throw out the federal government's case against her seeking to force her to turn over voter registration data, contending Tuesday that the U.S. Department of Justice lacks a "valid legal basis" to order her to turn over the data.
February 11, 2026
Contracts On Aliens, Hugs Aren't Gambling, Kalshi Tells Judge

The distinction between a futures contract and a wager could play a role in deciding whether Kalshi can offer certain sports-related transactions in Connecticut, a federal judge hinted Wednesday while hypothesizing about the legality of contracts on events like first contact with extraterrestrial life and world leaders greeting each other with a warm embrace.
February 11, 2026
SEC's Atkins Says ESG Fund Names Rule Is Under Review

U.S. Securities and Exchange Commission Chairman Paul Atkins told Congress on Wednesday that he has directed staff to review a Biden-era rule aimed at preventing false advertising by funds marketed to eco-conscious investors, though he didn't detail what specific changes were under consideration.
February 11, 2026
3rd Circ. Skeptical Of NJ's Broad 'Sensitive Places' Gun Ban

The Third Circuit signaled skepticism Wednesday toward New Jersey's sweeping list of gun‑free "sensitive places," repeatedly pressing the state in an en banc rehearing for founding‑era support and a workable limiting principle as judges questioned whether the law risks eviscerating the right to carry firearms.
February 11, 2026
Squires Spurns 16 Petitions, Grants 6 In Latest Bulk Order

U.S. Patent and Trademark Office Director John Squires' latest summary decision instituted six petitions for America Invents Act patent challenges and denied 16 others, bringing his total of rejected petitions to 266.
February 11, 2026
House OKs Ending Canada Tariffs After GOP Block Fails

The U.S. House of Representatives approved a resolution Wednesday evening that would end President Donald Trump's tariffs on Canadian imports, a day after Republican lawmakers were unable to pass a measure blocking that kind of effort.
February 11, 2026
Miami World Cup Counsel Share Look At Prep Work, Impact

Counsel representing the FIFA World Cup's Miami Host Committee gave Law360 an inside look at their multifaceted work preparing for the upcoming event, which organizers say could have the economic impact of multiple Super Bowls.
February 11, 2026
Big Ten Athletes Back NCAA Campaign Against Prop Bets

Student-athletes in the Big Ten Conference have urged the NCAA to keep fighting to curb prop betting across college athletics, saying it not only threatens the integrity of college sports, but also poses a safety risk.
February 11, 2026
Anesthesia Group Looks To End FTC Rollup Suit

U.S. Anesthesia Partners has urged a Texas federal court to end the Federal Trade Commission's case accusing the group of buying competing practices through a so-called rollup strategy, asserting that enforcers have no evidence of any harm to competition.
February 11, 2026
HHS Says RFK Jr. Trans Care Policy View Not Legally Binding

Health and Human Services Secretary Robert F. Kennedy Jr.'s declaration supporting the Trump administration's move to cut funding to hospitals that provide gender-affirming care is a nonbinding policy view, his agency told an Oregon federal court, and doesn't trigger provider exclusions from federal health programs.
February 11, 2026
Gogo Renews Concerns With FCC's 900 MHz Rework

In-flight communications provider Gogo is asking the Federal Communications Commission to consider stronger guardrails to protect incumbents like itself as it prepares to pass a rule reworking two bands of 900 megahertz spectrum to make room for more high-speed internet.
February 11, 2026
AI Cos. Would Have To Disclose Training Under Bipartisan Bill

A bipartisan bill introduced in the U.S. Senate would require technology companies to disclose copyrighted works that they use to train generative artificial intelligence models with the U.S. Copyright Office.
February 11, 2026
Canadian Pipe Exporter's Injunction Gets Trade Court OK

The U.S. Court of International Trade granted an injunction Wednesday to a Canadian pipe exporter that prevents liquidation of its goods while it appeals a ruling by the trade court.
February 11, 2026
Sheriff's Deputy's Firing Suit Tossed, His Atty Sanctioned

A Georgia federal judge tossed a lawsuit Wednesday from a former Atlanta-area sheriff's deputy who claimed he was fired for supporting his boss' political opponent, while sanctioning the deputy's lawyer for citing nonexistent legal cases and misstating the law.
February 11, 2026
Schools Must Face Financial Aid Suit Before Appeal: Students

Former students urged an Illinois federal judge to bar Cornell, Georgetown, Notre Dame, MIT and UPenn from going straight to the Seventh Circuit on a ruling that teed up trial against the five schools yet to settle the proposed class action over the alleged fixing of financial aid offerings.
February 11, 2026
'Unflappable' Mass. Judge Emerges As Trump Foil

The newest member of the Massachusetts federal bench has made a name for himself as a thorn in the side of the Trump administration, a perception that stands in stark contrast to what friends and former colleagues describe as an unassuming and open-minded judge.
February 11, 2026
Calif. Will Allow Property Tax Break For Some Tribal Land

Native American tribes in California can claim a property tax exemption for land conservation efforts under a bill signed by Democratic Gov. Gavin Newsom.
February 11, 2026
Bondi Touches On Judges, Fraud, Subpoenas At Fiery Hearing

Attorney General Pam Bondi opened her congressional testimony on Wednesday taking aim at "liberal activist judges," but the rest of the hearing was devoid of any discussion or questions on the Trump administration's combative relationship with a large portion of the federal bench.
February 11, 2026
'It Takes Time To Write': Jackson On High Court's Tariff Ruling

U.S. Supreme Court Justice Ketanji Brown Jackson has provided an unusual update on the court's decision over President Donald Trump's authority to impose emergency tariffs, saying in a TV interview that the justices are still working on what is one of their most anticipated rulings this term.

Expert Analysis

Key Trends Shaping ESG And Sustainability Law In 2026

2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.
How Bank M&A Prospects Brightened In 2025

Even with less-than-ideal macroeconomic conditions in 2025, federal banking regulators' shift away from procedural concerns to focus more on core financial risks boosted M&A in several key ways, including shorter review timelines and increased interest in de novo charters, say attorneys at Arnold & Porter.
3 Securities Litigation Trends To Watch In 2026

Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.
5 Tariff And Trade Developments To Watch In 2026

A new trade landscape emerged in 2025, the contours of which will be further defined by developments that will merit close attention this year, including a key ruling from the U.S. Supreme Court and a review of the U.S.-Mexico-Canada Agreement, says Ted Posner at Baker Botts.
What 2025 Enforcement Actions Show About FERC's Priorities

A review of the Federal Energy Regulatory Commission's 2025 enforcement record suggests that this year, the commission will persist in holding market participants to their commitments, and continue active market surveillance and close cooperation with market monitors, says Ruta Skucas at Crowell & Moring.
Employment Immigration Trends And Challenges For 2026

U.S. companies competing for global talent should brace for a turbulent 2026, with greater compliance burdens, higher costs and the probability of workforce disruptions at every stage of the immigration process, from visa petitions to work authorization renewals, say attorneys at Duane Morris.
Top 5 Antitrust Issues For In-House Counsel To Watch In 2026

With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.
Funding Haze And Deregulatory Pursuits: The CFPB In 2026

In 2025, the Consumer Financial Protection Bureau did not seek additional funding from the Federal Reserve and unwound the legacy of former bureau leadership, and this year will bring further efforts to rescind or rewrite bureau regulations, as well as a changed tone to supervision efforts, say attorneys at Covington.
4 Developments That Defined The 2025 Ethics Landscape

The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
5 Trade Secret Developments To Follow In 2026

Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.
Navigating AI In The Legal Industry

As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
How 2026 NDAA May Ease Entry To Defense Contracting

Reforms to implement a warfighting acquisition system included in the 2026 National Defense Authorization Act, signed on Dec. 18, are likely to reduce the burdens, risks and barriers that have previously impeded nontraditional defense contractors, say attorneys at Haynes Boone.
Regulatory Rollback And Lingering Limbo: The CFPB In 2025

The Consumer Financial Protection Bureau has implemented significant changes since President Donald Trump took office in January, including dismissing actions with prejudice, withdrawing guidance and rescinding rules, casting the bureau in uncertain light heading into 2026, say attorneys at Mayer Brown.
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.