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Public Policy
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January 22, 2026
Transportation Cases To Watch In 2026
Clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers, the Trump administration's gutting of Biden-era vehicle emissions standards and cuts to states' transportation and infrastructure funding are among the court battles that transportation attorneys are monitoring in 2026.
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January 22, 2026
House Report Claims Evidence of CVS Antitrust Violations
House Judiciary Committee staffers said Wednesday that they'd uncovered "a pattern of anticompetitive activity" in CVS Health tactics aimed at coercing independent pharmacies into avoiding working with online services the company saw as a threat to its own pharmacy and pharmacy benefit manager businesses.
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January 22, 2026
DOJ's Revival Of Mediation Agency Doesn't End Suit Yet
Community organizations told a Massachusetts federal judge Thursday they are planning to continue fighting what they alleged was the dismantling of a small racial-justice mediation agency within the U.S. Department of Justice, even as the agency's employees have been called back to work, saying it is still not clear if services have been restored.
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January 22, 2026
Full 5th Circ. Weighs Order Blocking Texas Migrant Arrest Law
The full Fifth Circuit pushed multiple immigrants' rights organizations to explain why a Texas law allowing the state to arrest unauthorized immigrants could not stand, asking Thursday where it says in the U.S. Constitution immigrants have a right to file for asylum.
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January 22, 2026
Fla. Archaeologist Says Stolen Artifact Claims Ruined Career
A Florida archaeologist filed a federal lawsuit Thursday against a Maryland nonprofit and a U.S. Fish and Wildlife Service official, alleging she damaged his reputation and ruined his career with false claims that he trafficked stolen Native American human remains.
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January 22, 2026
Proposed Subpoena Rule Change Raises Victim Privacy Fears
A proposal to loosen restrictions on the use of federal criminal subpoenas would endanger and further traumatize victims of crime, most of whom lack legal representation to fight the invasive demands, victims' rights advocates told a federal rules advisory committee on Thursday.
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January 22, 2026
6th Circ. Clears 911 Dispatch Of Failure To Stop Murder
Michigan county dispatchers can't be held responsible for the murder of a man by his mentally ill son, the Sixth Circuit ruled Thursday, finding that although the son told 911 he "might do something bad" an hour before the killing, the agency's "failure to act does not suffice."
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January 22, 2026
Courthouse News Drops Access Suit Against DC Court Clerk
National litigation news outlet Courthouse News Service has voluntarily and permanently dropped claims against a Washington, D.C., Superior Court clerk and the executive officer of the D.C. courts over filing delays, with both sides agreeing to pay their own costs.
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January 22, 2026
FDA Action Shouldn't Halt Amazon Labeling Suit, Plaintiffs Say
Shoppers accusing Amazon of failing to make required disclosures on dietary supplement product pages told a Washington federal judge there's no need to pause their proposed class action amid possible rulemaking by the U.S. Food and Drug Administration, arguing that the supposed rule change wouldn't negate the suit's claims under California law.
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January 22, 2026
Supplement Cos. Challenge FDA Health Claim Denials
A group of health supplement companies hit the U.S. Food and Drug Administration with a suit in D.C. federal court Wednesday alleging regulators wrongly denied them approval to make over 100 distinct claims concerning the health benefits of their products.
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January 22, 2026
Judge Recommends Toss Of Ex-Deputy's Political Firing Suit
A Georgia federal judge has recommended tossing a former metropolitan Atlanta deputy sheriff's suit alleging he was forced to resign because he supported the sheriff's 2024 election opponent, while also urging sanctions against the deputy's attorney for citing nonexistent cases and misstating the law.
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January 22, 2026
Fla. Must Provide Everglades Detention Center Funding Docs
A state judge on Thursday ordered the Florida Division of Emergency Management to fulfill a records request from an environmental group related to a federal grant that funded an immigration detention center in the Everglades.
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January 22, 2026
Judge Expands Block On Trump's Grant Restrictions
A Washington federal judge agreed to broaden a preliminary injunction against the Trump administration over its political restrictions for using over $12 billion worth of federal grants, expanding the block to cover additional plaintiffs who were added to the suit.
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January 22, 2026
Feds Given More Time To Revisit School Grant Cancellations
A Washington federal judge agreed Thursday to extend a deadline for the Trump administration to make fresh determinations as to 138 public school mental health grants that the court has found were illegally canceled, but admonished the federal government for previously understating how long those reassessments would take.
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January 22, 2026
Trump Calls For Prosecution Of Jack Smith Post-Hearing
Shortly after former special counsel Jack Smith gave his first public congressional testimony on the Trump cases, in which he warned the rule of law should not be taken for granted, President Donald Trump said he should be prosecuted.
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January 22, 2026
5th Circ. Appears Divided On President's Alien Enemies Power
The full Fifth Circuit appeared divided Thursday on whether President Donald Trump can label any threat an "invasion" or "predatory incursion" under the 1798 Alien Enemies Act, with judges split between giving the president broad deference and those doubtful the courts have only a limited role.
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January 22, 2026
Meta Fights Late Data Request In Instagram Addiction Suit
Meta Platforms has told a judge that Massachusetts' attorney general should not be allowed to fill what the company said are holes in the state's Instagram addiction lawsuit with a late subpoena for records from two of its own health agencies.
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January 22, 2026
Ill. Judge Dismisses Suit Over Federal Agents' Use Of Force
An Illinois federal judge has allowed plaintiffs accusing immigration officials of using excessive force to voluntarily end their case, but first disbanded the class of media and peaceful protesters she'd certified late last year.
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January 22, 2026
Drugmakers May Dodge Disgorgement In States' Antitrust Suit
A Connecticut federal judge probed the limits of his equitable powers Thursday in a sprawling generic drug antitrust enforcement action, expressing doubt that he could order the drugmaker defendants to hand over their profits while also awarding multiplied damages and imposing civil penalties.
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January 22, 2026
As Lawmakers Scrutinize Costs, Insurers Point To Hospitals
Facing a barrage of questions from lawmakers on Capitol Hill about rising costs, the heads of the biggest health insurance companies in the U.S. sought to blame providers and other parts of a complex industry.
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January 22, 2026
FERC Commissioners Back Fed-State Push For PJM Changes
The Federal Energy Regulatory Commission on Thursday backed plans from the Trump administration, state governors and PJM Interconnection to address escalating power prices amid data center-fueled increases in electricity demand, and encouraged the nation's largest grid operator to promptly submit policy proposals.
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January 22, 2026
Judge Severs Tax Charges From Ex-Rep's Foreign Agent Case
A former Florida congressman will get to contest tax charges against him separately from a criminal indictment alleging he and a political consultant failed to register as foreign agents while lobbying on behalf of Venezuela's state oil company, a federal judge ruled.
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January 22, 2026
Digital Services Taxes May Give Leverage In US Trade Deals
As President Donald Trump and his administration continue to negotiate with trading partners seeking to lower tariff rates, countries with digital services taxes could find those measures build some leverage with U.S. negotiators aiming to eliminate them.
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January 22, 2026
UN Committee Floats Draft For Taxing Cross-Border Services
Negotiators at the United Nations released a draft of potential cross-border measures that could eventually appear in a multilateral treaty to help countries tax the income of remote corporations that currently fall outside traditional taxation rules.
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January 22, 2026
USPTO Re-Ups Agreement With Major IP Offices Through 2029
The U.S. Patent and Trademark Office has extended the Patent Prosecution Highway pilot program with four other intellectual property offices, which expedites review of patent applications that have been allowed in another country, for another three years.
Expert Analysis
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Why 2026 Could Be A Bright Year For US Solar
2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.
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2026 Int'l Arbitration Trends: Tariffs Drive Transformation
In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.
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What Productivity EO May Mean For Defense Industrial Base
President Donald Trump’s recent executive order barring stock buybacks and dividend payments by "underperforming" defense contractors represents a significant policy shift from traditional oversight of the defense industrial base toward direct intervention in corporate decision-making, say attorneys at Holland & Knight.
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What's New In ISS' Benchmark Voting Policy Updates For 2026
Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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AG Watch: Calif. Fills Federal Consumer Protection Void
California's consumer protection efforts seem to be intensifying as federal oversight wanes, with Attorney General Rob Bonta recently taking actions related to buy now, pay later products, credit reporting and medical debt, consumer credit discrimination, and the use of artificial intelligence in consumer services, say attorneys at Cooley.
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AI-Driven Harassment Poses New Risks For Employers
Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.
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Drilling Down Into The Uncertain Future Of Venezuelan Energy
Several key issues will inform whether, when and how U.S. businesses enter, reenter or expand operations in Venezuela — including sanctions relief, economic incentives, resolution of past expropriations, questions about the country's political outlook, and broader trends and conditions in the global energy market, say attorneys at Holland & Knight.
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What Changed For Healthcare Transaction Law In 2025
Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.
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Decoding The SEC's Plans To Revitalize The US IPO Market
Chairman Paul Atkins' recent speech showcased the U.S. Securities and Exchange Commission's plans to ease certain disclosure burdens, rein in politicized shareholder voting and mitigate litigation risk, which could encourage more U.S. companies to seek public listings stateside and make U.S. stock exchanges more competitive for foreign companies, say attorneys at Baker McKenzie.
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Expect State Noncompete Reforms, FTC Scrutiny In 2026
Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.
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Banking Regulation Themes To Anticipate In 2026
The banking enforcement and rulemaking agenda for this year is likely to reflect a mix of targeted reform, deregulatory recalibration and new priorities aligned with supervisory modernization, says Kim Prior at King & Spalding.
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Cannabis Industry Faces An Inflection Point This Year
Cannabis industry developments last year — from the passage of a new wholesale tax in Michigan, to an executive order accelerating the federal rescheduling process — presage a more mature phase of legalization this year, with hardening expectations and enforcement to come, says Alex Leonowicz at Howard & Howard.
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CMS 2027 Proposal Is Mixed Bag For Medicare Advantage
The Centers for Medicare and Medicaid Services' recent proposed rule for the Medicare Advantage and Part D programs gives small organizations reason for optimism, although certain elements may be inconsistent with the Centers' desire to enhance competition, says Christine Clements at Sheppard Mullin.
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Easing Equity Research Firewall Shows SEC Open To Updates
The U.S. Securities and Exchange Commission’s recent agreement to modify a decades-old settlement meant to limit investment bankers’ influence over research analysts within major broker-dealer firms reflects a shift toward a commission that recognizes how rules can be modernized to lighten compliance burdens without eliminating core safeguards, say attorneys at Ropes & Gray.