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Public Policy
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February 03, 2026
7th Circ. Probes Due Process For Ill. ICE Detainees
A Seventh Circuit judge Tuesday asked the Trump administration to square its position that immigrants unlawfully in the United States have no due process rights with Supreme Court rulings that held otherwise, as the appellate court mulls the bid to block two orders addressing warrantless arrests of hundreds of immigrants.
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February 03, 2026
Squires And Stewart's Patent Office, By The Numbers
The U.S. Patent and Trademark Office has seen sweeping changes under Director John Squires and Deputy Director Coke Morgan Stewart, ranging from pro-patent owner policies at the Patent Trial and Appeal Board to employment shake-ups that have prompted departures from the agency.
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February 03, 2026
Wash. Justices To Review Restaurant's $1M COVID Penalty
The Washington State Supreme Court has decided to take up a restaurant's appeal of nearly $1 million in fines that regulators imposed against the eatery for offering indoor dining services during the COVID-19 pandemic, in violation of the governor's emergency proclamation.
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February 03, 2026
Guam Defends Bid To Appeal Loss Of Military Leave Suit
A retirement fund for Guam government employees fired back at the federal government's attempt to prevent it from appealing an order finding the fund and Guam liable for shortchanging pension contributions for employees who take paid leave while serving in the military.Â
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February 03, 2026
NC County Faces Suit For Obstructing State Housing Benefit
A North Carolina county misapplied state law and violated the state's constitution in retroactively deeming adult care home residents ineligible for state benefits based on a county commissioner's former ownership of those homes, according to a lawsuit filed Monday in North Carolina federal court.
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February 03, 2026
Trump Admin Can't Gut CFPB Off The Books, DC Circ. Told
The Consumer Financial Protection Bureau's employee union has urged the full D.C. Circuit to uphold a lower court order blocking sweeping cuts at the agency, arguing the Trump administration's legal theory for lifting the order would allow officials to dismantle an agency so long as they don't "put it in writing."
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February 03, 2026
Pretti Killing Highlights Free Speech And Gun Rights Tension
The killing of Alex Pretti, a 37-year-old U.S. citizen and lawful gun owner, by federal immigration enforcement agents in Minneapolis last month brought to the fore a long-standing tension between two constitutional rights that the U.S. Supreme Court has never resolved, legal experts say.
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February 03, 2026
Netflix, Warner Bros. CEOs Defend Merger Before Congress
In a congressional hearing Tuesday, the CEO of Netflix distanced himself from any notion President Donald Trump has undue influence in the review process of the streaming company's proposed $82.7 billion acquisition of Warner Bros., despite the president's assertion that he will be "involved" with the merger review.
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February 03, 2026
4 Things To Know As DOL Pitches Transparency For PBMs
The U.S. Department of Labor's proposal to require pharmacy benefit managers to give employer-provided health plans detailed information on fees and compensation is a welcome development, benefits attorneys on both sides of the bar say. Here, Law360 looks at four things to know about the proposed regulations.
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February 03, 2026
FCC Says 8th Circ. Media Ruling Clears Path For Deals
The Federal Communications Commission made it clear Tuesday that broadcasters have more leeway to own two leading stations in a local market following the Eighth Circuit's toss last year of the agency's long-standing bar on owning more than one major network affiliate in a single market.
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February 03, 2026
TikTok, Cellspin Duel On Effects Of Sale In Patent Challenge
TikTok has told the U.S. Patent and Trademark Office that the sale of its majority stake in its U.S. operations to a new joint venture should eliminate a patent owner's argument that the app's alleged relationship with the Chinese Communist Party should tank its patent challenges.
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February 03, 2026
Online Betting Co. Beefs Up Penalties For Harassing Athletes
Online betting platform BetMGM will now suspend the accounts of users who harass or direct abuse toward an athlete, coach or other participant in a sporting event, potentially solving a problem leagues and players have tried to address recently.
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February 03, 2026
FCC Hunting For New Cyber Trust Mark Administrator
The Federal Communications Commission will give companies more time to get their bids in to serve as the new administrator of the U.S. Cyber Trust Mark program, after the first one quit in December.
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February 03, 2026
Md. Judge Says Most Of ICE Church Raids Suit Can Proceed
A Maryland federal judge on Tuesday largely rejected the Trump administration's push to escape a coalition of religious organizations' claims that it unlawfully enacted a policy to allow immigration enforcement at churches and other sites that had been largely off-limits.
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February 03, 2026
Cruz Calls Hearing On FCC's 39% Media Ownership Cap
Sen. Ted Cruz, R-Texas, said Tuesday the Senate Commerce Committee will hold a Feb. 10 hearing on media ownership rules, homing in on the Federal Communications Commission's limit on a single broadcaster reaching more than 39% of national audience share.
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February 03, 2026
Trump Admin Sued Over 'Pay-To-Play' Gold Card Program
Immigrants and an academic professionals union filed suit Tuesday to block President Donald Trump's "gold card" visa program, telling a D.C. federal court that the "pay-to-play" program unlawfully takes visas away from professionals the existing employment-based visa system prioritizes.
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February 03, 2026
ShopRite Mogul Wants Name Cleared After Mayoral Bid Row
Grocery store owner and former Philadelphia mayoral hopeful Jeff Brown told a Pennsylvania Commonwealth Court panel Tuesday he was entitled to a "name-clearing hearing" to set the record straight about allegations by the city's Board of Ethics that he improperly coordinated with a political action committee supporting his candidacy.
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February 03, 2026
1st Circ. Mindful Of Justices In 3rd Country Removal Case
A First Circuit panel suggested Tuesday that a U.S. Supreme Court emergency docket stay may constrain its review of a district judge's decision requiring due process for deportees facing removal to so-called third countries where they may face torture.
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February 03, 2026
5th Circ. Unsure Child Online Safety Law Tramples Speech
A Fifth Circuit panel appeared skeptical Tuesday of a tech media trade group's stance that a Mississippi internet safety law is unconstitutional, suggesting that the challenged statute may not implicate speech.Â
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February 03, 2026
FERC Members Say High Court Helped Speed Up Gas Reviews
The U.S. Supreme Court's landmark decision last year that curtailed federal environmental reviews has translated to faster Federal Energy Regulatory Commission approvals of gas infrastructure projects, commissioners told a congressional energy panel Tuesday.
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February 03, 2026
Md. Cannabis Licensure Unconstitutional, 4th Circ. Told
A California cannabis entrepreneur has urged the Fourth Circuit to revive her constitutional challenge to Maryland's social equity marijuana licensure program, saying the U.S. Constitution's dormant commerce clause must apply to federally unlawful marijuana.
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February 03, 2026
House Dems Press Bessent About IRS Retirement Pay Delays
Democrats on the House Ways and Means Committee demanded answers Tuesday about substantial delays in processing retirement applications for Internal Revenue Service employees who participated in the government's deferred resignation program.
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February 03, 2026
USPTO, With Squires' Signature, Seeks 'Board Of Peace' TMs
The U.S. Patent and Trademark Office has filed a pair of applications for trademarks covering President Donald Trump's Board of Peace, with Director John Squires listed as the attorney pursuing the marks.Â
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February 03, 2026
NY-NJ Commission Sues Over Frozen Hudson Tunnel Funding
The bi-state commission overseeing the $16 billion rehabilitation of aging commuter train tunnels under the Hudson River between New York and New Jersey has sued the Trump administration, alleging it's illegally withholding federal funds and jeopardizing the project, which is days away from having to shut down construction.
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February 03, 2026
IRS Floats Clean Fuel Credit Rules With Foreign Restrictions
The Internal Revenue Service released long-awaited proposed regulations Tuesday clarifying how domestic transportation fuel producers can qualify for the clean energy fuel tax credit under changes made by Republicans' 2025 budget law, including new foreign restrictions on business owners and feedstock sources.
Expert Analysis
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Aligning With EPA's 'Compliance First' Enforcement Policy
To take advantage of the U.S. Environmental Protection Agency's new "compliance first" policy, companies will need to maintain up-to-date compliance programs, implement self-audits and find-and-fix protocols, and lean more into open communication with regulators, say attorneys at Crowell & Moring.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Calif. AI Law Will Have Ripple Effect On Emerging Cos.
California's Transparency in Frontier Artificial Intelligence Act is the first comprehensive state-level AI safety framework with mandated public disclosures in the U.S., and although it may not affect emerging companies directly, companies that embed governance and transparency into their operations will differentiate themselves in highly competitive markets, say attorneys at Mintz.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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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.