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Public Policy
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February 13, 2026
Fuel Credit Regs Clear Clouds Over Middleman Sales
The U.S. Treasury Department's move to allow domestic clean fuel producers selling to intermediaries to qualify for the production tax credit under newly released proposed rules recognizes the industry's commercial realities and clears up uncertainty that had been hindering the market, practitioners said.
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February 13, 2026
Ga. Nursing Board Faces Suit Over Student Placement Policy
The Georgia Board of Nursing is violating federal antitrust law with a "protectionist" policy that prevents online and out-of-state nursing programs from placing their students at Georgia facilities for clinical rotations, an online college told a federal court.
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February 13, 2026
Canadian, Indian Citric Acid Facing US Duty Probes
The U.S. Department of Commerce has opened investigations into imports of citric acid and citrate salt from Canada and India to the U.S. that may be benefiting from foreign subsidies and being sold at less than fair value, it announced Friday.
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February 13, 2026
Commerce Finds Chinese Anodes Being Subsidized, Dumped
Anode materials imported into the U.S. from China are facing significant anti-dumping and countervailing duty orders after the U.S. Department of Commerce determined they are being subsidized and sold at less than fair value, it said Friday.
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February 13, 2026
'Conjecture' Frees Duke Energy From Climate Change Suit
Duke Energy Corporation was freed from a North Carolina town's novel lawsuit seeking to hold the utility accountable for climate change-related damages after a North Carolina Business Court judge ruled it presented questions that would force a jury into "utter conjecture."
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February 13, 2026
EU Announces Duties Against Korean, Taiwanese Plastics
Imports of a plastic with a wide range of uses from South Korea and Taiwan into the European Union and an amino acid imported from China were hit with antidumping duties Friday, the European Commission announced.
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February 13, 2026
Blair's Think Tank Urges UK Gov't To End Energy Windfall Tax
The U.K.'s Labour government must phase out the windfall tax on the energy industry and lift the ban on new oil and gas drilling licenses in the North Sea to increase revenue long term, the Tony Blair Institute said Friday.
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February 13, 2026
DHS Terminating Temporary Protected Status For Yemen
U.S. Department of Homeland Security Secretary Kristi Noem on Friday said she has decided to terminate temporary protected status for Yemen.
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February 13, 2026
DOJ Suit Alleges Harvard Withholding Admissions Data
The Trump administration hit Harvard University with a suit Friday claiming that the college has illegally withheld data necessary to determine whether it is following the U.S. Supreme Court's landmark ruling outlawing affirmative action in admissions.
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February 12, 2026
Judiciary Issues 'Rule Of Law' Ethics Guidance For Judges
Federal judiciary advisers Thursday sought to clarify ethical boundaries for judges wading into politically charged legal waters, saying jurists can rebut "illegitimate criticism" and urge stronger security amid fears of violence while also eschewing "demeaning" or "acerbic" rhetoric.
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February 12, 2026
Trump Admin. Blocked From Cutting $600M In Health Funding
An Illinois federal judge on Thursday temporarily blocked the Trump administration from terminating more than $600 million in public health funding to four Democratic-led states, saying the states will likely succeed in showing they are unconstitutionally being targeted due to political or policy objectives.
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February 12, 2026
FTC Merger Filing Overhaul Thrown Out
The Federal Trade Commission hasn't shown the costs on merging companies outweigh the claimed benefits of dramatically increasing the amount of information that must be provided upfront when giving notice of a transaction, a Texas federal judge said Thursday, throwing out the commission's overhaul of premerger reporting requirements.
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February 12, 2026
5 Key Flashpoints From Fed's 'Skinny' Account Proposal
The Federal Reserve's push to create "skinny" master accounts that would open up access to U.S. payment rails has become the latest front in long-running turf wars between banks and fintech companies. Here are five of the project's hottest flashpoints attracting controversy.
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February 12, 2026
EPA Targets High Court Do-Over With GHG Rule Repeal
The Trump administration's removal of the link between greenhouse gases and public health takes aim at the U.S. Supreme Court's 2007 landmark determination that GHGs are air pollutants, and will spark a prolonged battle with consequent uncertainty for industries.
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February 12, 2026
Affairs, Spending Come Out In Goldstein Cross-Examination
SCOTUSblog founder Thomas Goldstein was confronted Thursday with allegations of extramarital affairs, lavish spending and lies on asset disclosures, all in front of the jury in his ongoing tax fraud trial.
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February 12, 2026
5th Circ. Upholds Texas Ban On Compensated Vote Harvesting
The Fifth Circuit on Thursday reinstated enforcement of Texas' felony ban on compensated vote harvesting, saying that hypothetical scenarios are not enough to claim that a law is unconstitutional.
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February 12, 2026
US Sets 15% Tariff On Taiwanese Imports In Trade Deal
Taiwan has agreed to lift nearly all of its tariffs on U.S. imports and pledged to purchase nearly $85 billion in American goods in exchange for a 15% tariff on Taiwanese goods, according to a reciprocal trade deal signed Thursday.
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February 12, 2026
DC Judge Skeptical Funding Lapse Settles ICE Visit Policy Row
A D.C. federal judge considered Thursday whether the U.S. Department of Homeland Security permissibly used a funding gap to freshen up a policy requiring a week's notice for congressional oversight visits, or if a longstanding spending rider prohibits the move.
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February 12, 2026
7th Circ. Takes Up BIPA Amendment's Retroactivity
The Seventh Circuit heard arguments Thursday over whether a liability-limiting amendment to Illinois' biometric privacy law has retroactive application to lawsuits filed before it took effect, with one judge on the panel saying it seemed like "billions of dollars of consequences turn on how we label the change."
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February 12, 2026
Challenge To 3D-Printed Gun Law Fails, 3rd Circ. Rules
The First Amendment does not protect the distribution of "purely functional code" that would allow for the 3D printing of guns, the Third Circuit ruled Thursday, ending a challenge to a New Jersey law from a Texas-based firearm company and a gun rights group.
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February 12, 2026
IRS Guidance Offers Relief In Energy Credits' Sourcing Limits
The IRS issued interim guidance Thursday providing two safe harbor options for clean energy facilities or manufacturers of energy components to determine the extent to which they received material assistance from an entity tied to a foreign government that the U.S. deems adversarial.
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February 12, 2026
Row Over Forensic Expert Testimony Hits NC High Court
Prosecutors are urging North Carolina's highest court to uphold a drug conviction thrown out on appeal, saying an appellate court deemed a key forensic expert's trial testimony unconstitutional using a flawed interpretation of the U.S. Supreme Court's 2024 decision in Smith v. Arizona.
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February 12, 2026
SEC's Atkins Rejects Top Dem's Crypto Corruption Claims
U.S. Securities and Exchange Commission Chairman Paul Atkins on Thursday pushed back on claims his agency dropped against cryptocurrency firms as a political favor to President Donald Trump, telling Senate Democrats a "changed attitude" by the commission led to the dismissals.
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February 12, 2026
12 Questions For FCC Chair Brendan Carr
It's been a "banger" of a year at the Federal Communications Commission, says agency chief Brendan Carr, who took over at the outset of President Donald Trump's second term with the goal of cutting regulations and quickly turning over more spectrum to the private sector.
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February 12, 2026
Wash. Justices To Hear Gym's Suit Over COVID-Era Inspection
Washington's highest court will review an appellate ruling that state labor department inspectors violated an Anytime Fitness owner's reasonable expectation of privacy when they tailgated a gym member who used a key card to enter the facility during the COVID-19 pandemic, when businesses were supposed to be shuttered.
Expert Analysis
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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.
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Where States Jumped In When SEC Stepped Back In 2025
The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.
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2026 Enforcement Trends To Expect In Maritime And Int'l Trade
The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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Streamlining Product Liability MDLs With AI And Rule 16.1
With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.
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USCIS Asylum Pause Could Drive Federal Mandamus Filings
U.S. Citizenship and Immigration Services' recent freeze on asylum applications is likely to accelerate Administrative Procedure Act unreasonable delay and writ of mandamus filings, making it important for practitioners handling such cases to familiarize themselves with the mandamus framework and evidentiary standards, says Kemal Hepsen at Mandamus Lawyers.
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SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models
The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.
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How Mamdani Will Shift NYC Employment Law Enforcement
Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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2025's Most Notable State AG Activity By The Numbers
State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.