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Public Policy
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February 18, 2026
FCC Pulls 'Zombies' Named By Inspector General Off Lifeline
The Federal Communications Commission's chief said Wednesday that people wrongly enrolled in Lifeline as identified by the FCC inspector general have been removed from the telecom subsidy program, amid the FCC floating reforms to tamp down fraud.
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February 18, 2026
Will Jurors Penalize AI? Study Examines Trade Secrets Impact
A forthcoming academic study suggests juries may treat AI-enabled actions more harshly than human conduct in trade secrets disputes, resulting in what the authors call an “AI penalty.” Attorneys say reality is more complicated.
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February 18, 2026
Judge Rejects FTC's Emergency Bid To Spare Merger Rule
The Federal Trade Commission has just until Thursday to obtain Fifth Circuit intervention after a Texas federal judge refused Wednesday to extend his seven-day pause on the order scrapping the agency's premerger reporting overhaul.
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February 18, 2026
Conn. Justice Tackles Precedent, AI In Renomination Hearing
Answering a question about abortion rights during a renomination hearing Wednesday, a cautious Connecticut Supreme Court justice said courts must be mindful when overruling past decisions, questioning whether the doctrine of stare decisis, or allowing past opinions to stand, could become "not much of a doctrine at all."
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February 18, 2026
Journalists, Unions Urge Court To Keep In Place Layoffs Suit
The deputy CEO of the U.S. Agency for Global Media did not have the authority to fire over 500 Voice of America employees, a coalition of journalists and federal employee unions has told a D.C. federal court, asking that their lawsuit challenging the terminations be allowed to proceed.
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February 18, 2026
State Law Matters More For Bankruptcy Tolling, NC Justices Told
A real estate rental agency told North Carolina's high court Wednesday that it didn't miss its chance to collect a $507,000 debt because a decade-long statute of limitations period for judgment renewal was tolled by the debtor's bankruptcy.
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February 18, 2026
Illinois' Pritzker Proposes Social Media Tax To Fund Education
Illinois Gov. JB Pritzker proposed Wednesday that the state levy a new tax on social media companies with at least 100,000 users in the state and direct the money raised to education as part of a $56 billion budget plan he unveiled for fiscal 2027.
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February 18, 2026
Amazon Rips FTC's 'Farfetched' Antitrust Discovery Refusals
Amazon slammed the Federal Trade Commission on Tuesday for treating discovery "as a one-way road" in the agency's antitrust case against the e-commerce giant, calling on a Seattle federal judge to again order the agency to cough up answers that the company says are key to formulating its defense.
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February 18, 2026
Ga. Railroad Defends Land Seizures In Eminent Domain Fight
A small Georgia railroad operation urged a state appellate court Wednesday to uphold successive rulings by the state's utility commission and a trial court to allow condemnation of landowners' property to build a new spur in its network and to lift the stay that's currently holding up construction.
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February 18, 2026
4th Circ. Backs Military Policy Banning HIV-Positive Enlistees
The Fourth Circuit on Wednesday upheld a U.S. Department of Defense policy that bans HIV-positive Americans from enlisting, deferring to the military's judgment that it must have healthy and fit service members who do not require consistent treatment for chronic medical conditions.
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February 18, 2026
Tesla Scores FCC Waiver For EV Positioning Technology
Tesla has convinced the Federal Communications Commission to make some exceptions to its rules for ultra-wideband devices — specifically a requirement that they be handheld — so that it can use the technology to help its vehicles self-park on charging pads.
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February 18, 2026
Fla. Prison Officials Seek End Of Fired Chaplain's Bias Suit
A former prison chaplain who was fired for refusing to train a female minister failed to exhaust his administrative remedies before filing a suit that amounted to a shotgun pleading, the Florida Department of Corrections has told a federal judge.
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February 18, 2026
Texas AG Says Hospital Violated Gender-Affirming Care Ban
Texas Attorney General Ken Paxton sued the Children's Health System of Texas on Wednesday, alleging it performed gender-affirming care on children through puberty blockers and cross-sex hormones despite a state law banning the treatments.
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February 18, 2026
Okla. Regulators Aim To Toss $4M Hemp Seizure Suit
The Oklahoma Bureau of Narcotics and Dangerous Drugs Control on Wednesday pushed to dismiss a suit from two hemp companies alleging one of its agents illegally seized and ruined $4 million in legal hemp, saying both the agency and the agent have sovereign immunity.
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February 18, 2026
Oklahoma Tribes' Bid For Indian Country Status Denied
A federal court judge has denied four Oklahoma tribes' bid for a declaration that lands within the historic boundaries of their reservations maintain their Indian Country status, saying there's no evidence of a live controversy between the Indigenous nations and Sooner State prosecutors.
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February 18, 2026
EPA Hit With Suit Over Repeal Of Climate Rule
A coalition of public health and environmental groups on Wednesday challenged the U.S. Environmental Protection Agency's decision to repeal a landmark finding that greenhouse gas pollution endangers people's health, calling it a corporate handout at odds with the science and the law.
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February 18, 2026
US, Japan Announce $36B In Projects As Part Of Trade Deal
Japan and its companies will undertake new investments in U.S. manufacturing and energy production facilities that total nearly $36 billion, the U.S. and Japanese governments announced as part of a framework trade agreement and confirmed Wednesday.
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February 18, 2026
Feds Release $130M NY, NJ Gateway Hudson Tunnel Funds
New York and New Jersey officials said Wednesday that construction on the $16 billion rehabilitation of aging commuter train tunnels under the Hudson River would resume next week after the federal government released $130 million in funds that a federal judge in Manhattan recently ruled had been unlawfully frozen.
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February 18, 2026
Migrants Urge Judge To Protect Anonymity In Flight Dispute
Attorneys for three anonymous Venezuelan asylum seekers who claim they were among 49 migrants lured into boarding flights to Massachusetts have urged a federal judge to deny the flight operator's bid to unmask their identities, saying nothing has changed to warrant disclosure.
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February 18, 2026
SpaceX Attacks Studies Opposing NGSO Framework Changes
SpaceX is coming out swinging against other satellite operators who have provided the FCC with studies they say show the new proposed spectrum sharing framework is a bad idea, calling it a "last-ditch effort to muddy the waters" before the agency makes a decision.
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February 18, 2026
Senators Push For Transparency In Litigation Funding
Lawmakers are trying again to rein in third-party litigation financing, a multibillion-dollar industry that critics argue allows foreign entities to assert control of the U.S. legal system.
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February 18, 2026
NY Bill Would Allow Low-THC Drinks In Liquor Stores
A new bill introduced in the New York State Legislature would permit alcohol retailers to sell low-potency cannabis-infused beverages with up to 5 milligrams of THC and impose a new tax on their sale.
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February 18, 2026
FCC Opens 2 Slices Of 900 MHz For Broadband Use
The Federal Communications Commission opened two portions of the 900 megahertz airwaves for expanded broadband use Wednesday, saying it crafted the new rules to avoid disruption with users in nearby spectrum.
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February 18, 2026
IRS Asks Court To Deny Probe Of Improper ICE Data-Sharing
A coalition suing the IRS over its data-sharing deal with immigration enforcement authorities should not be allowed to investigate the agency's revelation that it shared some data improperly, the IRS told a D.C. federal court, saying it made the admission "in good faith."
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February 18, 2026
Feds Ask High Court To Reject Chinook Tribe Recognition
The U.S. Department of the Interior is asking the U.S. Supreme Court to reject a petition by the Chinook Indian Nation that looks to undo a Ninth Circuit order that denied it federal recognition, arguing that the case is a poor vehicle for resolving questions under the 1994 List Act.
Expert Analysis
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How 2026 NDAA May Ease Entry To Defense Contracting
Reforms to implement a warfighting acquisition system included in the 2026 National Defense Authorization Act, signed on Dec. 18, are likely to reduce the burdens, risks and barriers that have previously impeded nontraditional defense contractors, say attorneys at Haynes Boone.
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Regulatory Rollback And Lingering Limbo: The CFPB In 2025
The Consumer Financial Protection Bureau has implemented significant changes since President Donald Trump took office in January, including dismissing actions with prejudice, withdrawing guidance and rescinding rules, casting the bureau in uncertain light heading into 2026, say attorneys at Mayer Brown.
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Nuclear Power Pitfalls And Opportunities To Watch For In 2026
Shepherding nuclear power projects to completion requires navigating more risks and obligations than almost any other infrastructure undertaking, but with the right strategies, states, developers, vendors and contractors can overcome these hurdles in 2026 and beyond, say attorneys at Squire Patton.
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2025 Calif. Banking Oversight Centered On Consumer Issues
The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.
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A 6th Circ. Snapshot: 3 Cases That Defined 2025
With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
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Sports Gambling Scrutiny Expands Risks For Teams, Leagues
The Minnesota attorney general recently sent warning letters to 14 website operators for offering what the state considers illegal online gambling, demonstrating why the sports industry, including teams and leagues, should ask critical questions about organizational compliance, internal controls and potential criminal liability, say attorneys at Stinson.
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The CFTC's Road Ahead Under Newly Confirmed Chair
Michael Selig's Dec. 18 confirmation as U.S. Commodity Futures Trading Commission chair comes at a critical juncture, as the agency is poised to gain oversight over the crypto industry and increase its jurisdictional mandate covering prediction markets, says Elizabeth Lan Davis at Davis Wright.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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SEC Rulemaking Radar: A Reset, A Shift And A Preview Of '26
With major proposals withdrawn and new priorities emerging, forthcoming U.S. Securities and Exchange Commission proposals in 2026 will look to reshape how digital assets are regulated, recalibrate market structure and simplify how small companies go public, says Christopher Grobbel at Goodwin.
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Changes In Crypto, Cybersecurity Defined NY Banking In 2025
The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
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Opinion
Justices Should Clarify Loper Bright Doctrine Via Patent Case
The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.
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How OECD Tax Update Tackles Mobile Workforce Complexity
The Organization for Economic Cooperation and Development’s recently updated model tax convention — a recalibration of international tax principles in response to an increasingly mobile workforce — should prompt companies to reevaluate cross-border operations, transfer pricing policies and tax controversy strategies, say attorneys at Eversheds.
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Reviewing 2025's Most Pertinent Wiretap Developments
2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
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2025 Legal Milestones That Will Shape Psychedelics Sector
As 2025 draws to a close, psychedelic drug development stands at an inflection point, experiencing unprecedented momentum through recent sweeping regulatory changes and landmark clinical milestones, amid rapidly evolving regulatory expectations, say Odette Hauke at Odette Alina LLC and Kimberly Chew at Husch Blackwell.
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M&A Midmarket Shows Resilience Amid 2025 Challenges
Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.