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Public Policy
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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February 11, 2026
Trio Leading NJ District Office Face New Disqualification Bid
A criminal defendant who successfully challenged the appointment of Donald Trump's former personal attorney Alina Habba as New Jersey's top federal prosecutor joined other defendants in seeking to disqualify the trio now helming the office.
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February 11, 2026
Michigan Tribe Asks Court To Revisit $1.5M Legal Fee Denial
A Michigan tribe is asking a D.C. district court to reconsider the denial of $1.5 million in legal fees the tribe had sought to recoup from the U.S. Department of the Interior in a federal recognition status dispute that eventually led to the agency's revamping of a rule allowing tribes to petition for recognition again.
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February 11, 2026
Creek Nation Fights City's Bid To Pause Jurisdictional Suit
The Muscogee (Creek) Nation has pushed back against an Oklahoma municipality's bid to stay a jurisdiction dispute in federal district court while a similar challenge plays out in the Tenth Circuit, saying that the two cases aren't covering the same ground.
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February 11, 2026
Vape Sellers Urge Court To Pause Texas China Liquid Ban
Vape distributors and retailers asked a federal judge to pause enforcement of a Texas law prohibiting the sale of e-cigarettes using liquid from China, saying they are already suffering "irreparable harm" while fighting the rule.
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February 11, 2026
Asphalt Cos. To Pay $30M To End FCA Testing Case
Two Ohio asphalt companies have agreed to pay a combined $30 million to resolve False Claims Act allegations that they submitted fraudulent testing data for federally funded highway projects, the U.S. Department of Justice announced Wednesday.
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February 11, 2026
Trans Health And Pediatric Groups Challenge FTC Subpoenas
A major transgender medical group and a pediatric healthcare organization are seeking to end what they call "unlawful" consumer protection investigations from the Federal Trade Commission that want information pertaining to the medical groups' claims made in their marketing and advertising for gender-affirming care for minors.
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February 11, 2026
Gov't Seeks Exit From HUD Attys' Suit Over Fair Housing Work
The U.S. Department of Housing and Urban Development has pushed for the dismissal of a suit filed by current HUD attorneys who've alleged that the department intentionally reassigned them to other federal jobs in order to "cripple" HUD's own enforcement of fair housing laws.
Expert Analysis
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2025's Defining AI Securities Litigation
Three securities litigation decisions from 2025 — involving General Motors, GitLab and Tesla — offer a preview of how courts will assess artificial intelligence-related disclosures, as themes such as heightened regulatory scrutiny and risk surrounding technical claims are already taking shape for the coming year, say attorneys at Cooley.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Key Trends For Life Sciences Cos. To Watch In 2026
Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.
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What To Know About NY's Drastic 3rd-Party Practice Changes
Last month, New York Gov. Kathy Hochul signed a law establishing new time limits for the commencement of third-party actions, which will have dramatic effects on insurance defense practice, particularly cases involving construction site accidents or claims of premises liability, says Shawn Schatzle at Lewis Brisbois.
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Series
Mass. Banking Brief: All The Notable Legal Updates In Q4
Among the most significant developments on the banking regulation front in Massachusetts last quarter, Attorney General Andrea Joy Campbell announced her bid for reelection, and the state Division of Banks continued its fintech focus by finalizing rules implementing a new money transmitter law, say attorneys at Nutter.
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3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine
A trio of decisions from courts in the District of Columbia Circuit, including a recent order compelling prosecutors to return materials seized from James Comey’s former attorney, makes clear that continued government possession of digital evidence may implicate the Fourth Amendment, says Gregory Rosen at RJO.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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How Changes At The IRS Will Affect Tax Controversy In 2026
Taxpayers will need to adjust approaches to dealing with the IRS in 2026, as the agency is likely to shift its audit strategies and increases reliance on technology following the significant reductions in funding and personnel last year, say attorneys at Crowell & Moring.
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Chancery Exec Noncompete Ruling Offers PE Buyer Lessons
In Derge v. D&H United Fueling Solutions, the Delaware Court of Chancery sided with a private equity-backed portfolio company by enforcing a noncompete against an executive, providing private equity buyers with a checklist of factors for an enforceable noncompete in the sale-of-business context, says Danielle Asaad at Squire Patton.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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Navigating Workplace AI When Federal, State Policies Clash
Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.
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State AG Enforcement During CFPB Gap Predicts 2026 Trends
State attorneys general responded to the decrease in Consumer Financial Protection Bureau enforcement in 2025 by stepping in to regulate consumer finance more than ever before, and the trends in rebooting CFPB investigations, cracking down on ESG and DEI initiatives, and fighting financial exploitation of homeowners will likely extend into 2026, say attorneys at Cozen O'Connor.
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Trending At The PTAB: The Policies That Are Redefining IPR
The evolution of the Patent Trial and Appeal Board's inter partes review institution regime last year, coupled with the policy considerations behind that evolution, marks a shift toward greater gatekeeping of the U.S. Patent and Trademark Office's resources and patent enforcement rights, say attorneys at Finnegan.
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4 Trends Shaping Drug And Medical Device Law For 2026
2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.