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Public Policy
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February 25, 2026
Fed. Circ. Pressed To Immediately Release Tariff Mandate
Small businesses behind the successful challenge to President Donald Trump's emergency tariffs asked the Federal Circuit Tuesday to immediately issue its mandate so the lower U.S. Court of International Trade can consider how to order the government to issue refunds for importers that paid the unlawful duties.
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February 25, 2026
Democrats Cast Doubt On New DOJ Fraud Role
During the confirmation hearing on Wednesday for President Donald Trump's nominee for the new assistant attorney general for fraud role, Democrats expressed anxiety about the White House's involvement in the fraud crackdown and how genuine the effort is.
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February 25, 2026
Judge Says NY District's Title VI Mascot Claims Meritless
A New York federal court judge won't alter a judgment that dismissed a Long Island school district's challenge to the state's law prohibiting the use of Indigenous imagery in public schools, saying the district failed to show any sign that it faces a possible threat of Title VI federal liability.
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February 25, 2026
Ga. GOP Operative Referred For Charges Amid Ponzi Probe
A man leading a Republican political organization in Georgia who has been accused of participating in a $140 million Ponzi scheme involving lender First Liberty Building & Loan was referred for prosecution Wednesday by state securities regulators, who said he used his job as an insurance agent and investment adviser to steer clients toward the scam.
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February 25, 2026
9th Circ. Rules K-12 Mental Health Grants Must Continue
The U.S. Department of Education must fund K-12 mental health grants given to public schools to help students cope with school shootings, the Ninth Circuit ruled, denying the agency's emergency request to pause a lower court's permanent injunction pending an appeal.
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February 25, 2026
Colo. Lawmakers OK Wider Farm, Ranch Tax Classification
Colorado would broaden its definition of farms and ranches for property tax purposes to allow more agriculture producers to qualify for tax advantages under a bill unanimously approved by state lawmakers and headed to Gov. Jared Polis.
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February 25, 2026
Senate Dem Bill Adds To Trump's Wall Street Home Buy Ban
Senate Democrats are proposing to end tax breaks for Wall Street's single-family home purchases and ramp up antitrust enforcement, offering a rival plan aimed at housing affordability as President Donald Trump in his State of the Union address Tuesday repeated a call to ban big investors from the market.
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February 25, 2026
OppFi Nears Win Over Calif. Regulator's 'Rent-A-Bank' Case
A California state judge has preliminarily ruled that state regulators cannot treat Opportunity Financial's lending partnership with an out-of-state bank as an unlawful "rent-a-bank" scheme, potentially handing a major win to the fintech firm in a long-running legal battle over enforcement of California's interest-rate limits.
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February 25, 2026
Moderna's Damages Expert Limited In March Patent Trial
Moderna's damages expert was blocked from offering testimony about what a reasonable royalty would be in a suit alleging its COVID-19 vaccine infringed a rival's patents, after a federal judge found that part of the testimony wasn't reliable.
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February 25, 2026
Live Nation Judge Not 'Inclined' To Delay Trial For Appeal
A Manhattan federal judge said Wednesday he is likely to deny counsel for Live Nation's request to appeal rulings sending the government's monopolization claims to trial, after antitrust regulators called that request a "desperate plea" for a delay.
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February 25, 2026
Patterson Belknap Adds Ex-SDNY Prosecutor Maurene Comey
Former Manhattan federal prosecutor Maurene Comey, who handled some of the nation's highest-profile cases before she was fired by the Trump administration, has joined Patterson Belknap Webb & Tyler LLP, the firm announced Wednesday.
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February 24, 2026
Trump Declares 'War On Fraud,' Led By VP Vance
President Donald Trump declared at his State of the Union address on Tuesday night that Vice President JD Vance will lead the "war on fraud."
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February 24, 2026
DC Circ. Weighs Power To Keep CFPB Job Cuts On Hold
D.C. Circuit judges wrestled Tuesday with the Trump administration's push to lift an injunction blocking mass layoffs at the Consumer Financial Protection Bureau, signaling doubts about the government's position that the lower court order was wholly ill-founded and overbroad.
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February 24, 2026
Trump Says Countries Will Keep Deals Despite Tariff Ruling
President Donald Trump said trade deals reached with countries underpinned by tariffs invalidated by the U.S. Supreme Court would continue to be honored during his State of the Union on Tuesday evening, although it remained unclear precisely how those duty terms will be reimposed domestically.
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February 24, 2026
Ariz., Calif. Lead Suit Over 'Senseless' HHS Vaccine Overhaul
Arizona and California are leading a coalition of states challenging the U.S. Department of Health and Human Services' decision to cut vaccine recommendations for American children, alleging in a lawsuit Tuesday that the "unprecedented attack" stems from HHS Secretary Robert F. Kennedy Jr.'s "unscientific hostility to vaccines."
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February 24, 2026
SDNY's New Self-Report Policy Eases Path To Declinations
Manhattan federal prosecutors on Tuesday unveiled a new business-friendly corporate criminal enforcement policy for companies that promptly self-report financial crimes, promising declinations and no fines or monitors for eligible companies that turn themselves in.
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February 24, 2026
Ill. Café Urges 7th Circ. To Revive Licensing Bias Suit
A Chicago-area café urged the Seventh Circuit on Tuesday to revive claims that it was unconstitutionally denied a liquor license for a tavern it planned to acquire, saying admitted animus over the owner's effort to shed light on red-light-camera-related corruption should overcome any rational basis analysis over the denial.
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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.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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What DOJ's New Trade Fraud Push Means For Cos.
The U.S. Department of Justice's announcement this week that it is elevating trade fraud to an economic and national security imperative sends an unmistakable message to multinational corporations, importers, compliance professionals and supply chain managers that the days of laissez-faire enforcement are over, says Markus Funk at White & Case.
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How New Texas Law Streamlines Eviction Proceedings
A recent legislative change to the Texas Property Code overhauls the state's eviction process and makes it more difficult for nonpaying tenants to challenge evictions, likely yielding a faster and cheaper procedure that will encourage timely rent payment and lease compliance, says Maddison Craig at Munsch Hardt.
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Bank Action Items For FDIC Digital Display Rule Compliance
Recently finalized Federal Deposit Insurance Corp. rules enhance the flexibility of signage requirements for bank websites, digital banking applications and ATMs, but new compliance hurdles will require cross-functional resources to avoid risk ahead of next year's compliance deadline, say attorneys at Winthrop & Weinstine.
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Opinion
A TVPRA Safe Harbor Would Boost Antitrafficking Efforts
Adding a well-thought-out safe harbor measure to the Trafficking Victims Protection Reauthorization Act, which is currently up for amendment and reauthorization, would motivate proactive cooperation from hotels and other businesses to combat sex trafficking, say attorneys at Snell & Wilmer.
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AI-Generated Doc Ruling Guides Attys On Privilege Risks
A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.
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How To Turn EU AI Act Disclosures Into Patent Assets
As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.
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The Law Firm Merger Diaries: Leadership Strategy After Day 1
For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.
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The Challenges Of Detecting Event Contract Manipulation
While concerns about possible manipulation and insider trading in event contracts have increasingly been raised by market observers, distinguishing a speculative position from a hedge and effective surveillance make regulation difficult, particularly as the U.S. Commodity Futures Trading Commission argues for exclusive jurisdiction to do so, say economic consultants at the Brattle Group.
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How US Liability Law Is Becoming The Primary Regulator Of AI
Comprehensive federal AI regulation remains fragmented and uncertain — but U.S. courts, applying long-standing doctrines of liability and responsibility, are actively shaping how AI systems are designed, deployed and governed, and companies are aligning their AI practices because courts may hold them accountable if they do not, says Alexander Lima at Wesco International.
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How New HSR Thresholds, Fees Could Affect Enforcement
While the Federal Trade Commission's new thresholds and filing fees for the Hart-Scott-Rodino Antitrust Improvements Act are not expected to materially affect the number of required HSR filings, or the percentage or focus of second requests, increased filing fees may give agencies dedicated resources to bring enforcement actions, say attorneys at Sidley.
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Methods For Challenging State Civil Investigative Demands
Ongoing challenges to enforcement actions underscore the uphill battle businesses face in arguing that a state investigation is prohibited by federal law, but when properly deployed, these arguments present a viable strategy to resist civil investigative demands issued by state attorneys general, say attorneys at Troutman Pepper.
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Monetizing EV Charging Stations For Long-Term Success
An electric vehicle charging station's longevity hinges on monetizing operations through diverse revenue streams, contractual documentation of charge point operators' and site hosts' rights and responsibilities, and ensuring reliability and security of facilities, says Levi McAllister at Morgan Lewis.
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Calif.'s Civility Push Shows Why Professionalism Is Vital
The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
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A Potential Shift In FDA's Approach To Drug Trial Design
Recent guidance released by the U.S. Food and Drug Administration clarifying how Bayesian approaches — which combine prior knowledge with new data — may be used in clinical trials reflects the agency's continued interest in innovative trial designs that may accelerate drug approvals, say attorneys at Alston & Bird.
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US-Ukraine Reconstruction Fund Tax Exemptions Uncertain
Tax provisions in the bilateral agreement to establish the U.S.-Ukraine Reconstruction Investment Fund, which recently announced it is accepting applications, are so broad and imprecise as to leave uncertainty regarding whether and when tax exemptions will apply to investors' income, say attorneys at Avellum and Debevoise.