Public Policy

  • February 17, 2026

    States Hit Discovery Roadblocks In HPE Merger Fight With DOJ

    A California federal judge mostly sided with the Justice Department on Tuesday on the latest discovery disputes in state attorneys general's challenge to a DOJ settlement greenlighting Hewlett Packard Enterprise's $14 billion Juniper acquisition, ruling that HPE doesn’t need to reveal who's bidding for divested assets, and refusing to delay deadlines.

  • February 17, 2026

    Okla. Officials Look To Toss Creek Nation's Hunting Suit

    A special prosecutor for Oklahoma's governor and the state's wildlife conservation director have asked a federal court judge to throw out the Muscogee Creek Nation's hunting rights lawsuit, saying the tribe has gone along with state hunting regulations for more than a century.

  • February 17, 2026

    Waste Co. Republic Sued Over Alleged Seattle River Pollution

    Waste management company Republic Services was hit with a Clean Water Act lawsuit in Washington federal court Friday by an environmental watchdog group for allegedly releasing polluted water from an industrial site near Seattle's Duwamish River.

  • February 17, 2026

    AI's Needs Outpace Broadband Infrastructure, Report Says

    The "artificial intelligence boom" is going to mean slower internet speeds for consumers if Congress doesn't do something to make commercial spectrum less scarce, according to a new report from a conservative-leaning policy group.

  • February 17, 2026

    OCC Floats New Appeals Board To Hear Bank Exam Disputes

    The Office of the Comptroller of the Currency is moving to overhaul its internal appeals process for banks, pitching a new review board and other changes that could make challenges to examiner findings more common and more likely to succeed.

  • February 17, 2026

    CFTC Backs Prediction Markets In 9th Circ. Fight With Nevada

    U.S. Commodity Futures Trading Commission Chair Michael Selig told state gaming regulators Tuesday that he intends to defend his agency's "exclusive jurisdiction" over prediction markets, starting with a brief to the Ninth Circuit backing Crypto.com in an ongoing brawl with Nevada regulators over its sports wagers.

  • February 17, 2026

    Colo. Utility Advocates Dispute Energy Financing Program

    The Colorado Office of the Utility Consumer Advocate, or UCA, claimed in Colorado state court Friday that a recent decision to approve a tariffed on-bill financing program to help customers purchase energy efficiency upgrades violates state law.

  • February 17, 2026

    FCC Investigating Possible Lifeline Fraud In Calif., Beyond

    Lifeline providers in states that were allowed to opt out of the federal verification process might soon find themselves in the hot seat, as the Federal Communications Commission revealed Tuesday it has launched investigations into certain providers from three states.

  • February 17, 2026

    Wash. Governor Demands Changes To Millionaires' Tax Bill

    A proposal for a nearly 10% tax on income above $1 million that has passed the Washington state Senate is a good start, but it needs significant changes before it gets his signature, Democratic Gov. Bob Ferguson said Tuesday.

  • February 17, 2026

    No Need To Reopen Asbestos Suit, Insurance Exchange Says

    An insurance exchange for the trucking industry has told a California federal judge he does not need to reopen its case against a group of reinsurers as the parties battle whether to remove a "side-switching" arbitrator, explaining that a New York state court will likely rule soon on the issue.

  • February 17, 2026

    Judge Trims Moderna's Defenses In COVID Patent Suit

    A federal judge sitting in Delaware on Tuesday ruled that Moderna could not use obviousness to defend itself from patent claims brought by a rival vaccine developer since it already used that as a defense in related Patent Trial and Review Board proceedings, saying that Moderna had offered expert opinions to support a defense that the patents don't sufficiently teach about the claimed invention.

  • February 17, 2026

    Harvard Beats Suit By Prof Denied Tenure After Viral Incident

    Harvard University scored a pretrial win Tuesday in a Massachusetts state court suit brought by a professor who said the school wrongly denied him tenure after several incidents, including emails to a Chinese restaurant over a $4 overcharge that went viral.

  • February 17, 2026

    9th Circ. Clears Way For Nev. Gaming Action Against Kalshi

    The Ninth Circuit on Tuesday denied Kalshi's request to keep its sports event contracts safe from Nevada gaming regulators, clearing the way for the state to bring a civil enforcement action against the online trading platform.

  • February 17, 2026

    FCC's Equal Time Stance Blasted As Colbert Tanks Interview

    Progressives called the Federal Communications Commission's rollout of equal-time policies against late-night talk shows slanted after Stephen Colbert blamed the FCC for being forced to move an interview with a Democratic Senate candidate off the air.

  • February 17, 2026

    DOJ Cites Gun Ban For Mentally Ill In Cannabis User Case

    The U.S. Department of Justice told the Eighth Circuit not to excuse a man's conviction for possessing a firearm while being an unlawful cannabis user, arguing federal law limiting his rights is constitutional since it's analogous to historical laws preventing the mentally ill or dangerous drunkards from owning guns.

  • February 17, 2026

    Union Foe Can't Fight Ore. Impostor Ban, Court Told

    Accepting a conservative think tank's challenge to an Oregon law that threatens fines for impersonating public-sector unions would clash with decades of precedent on the state's exposure to enforcement challenges, a union attorney said Tuesday in arguments on its bid to toss the suit.

  • February 17, 2026

    Judge Rips Drugmakers' Borderline 'Disingenuous' Appeal Bid

    A Connecticut federal judge has rejected generic-drug makers' request for a quick appeal of his ruling denying them summary judgment on states' claims they engaged in an "overarching conspiracy" to fix prices, slamming the request for being borderline "disingenuous," mischaracterizing his reasoning and ignoring direct evidence of alleged wrongdoing.

  • February 17, 2026

    Ga. Panel Says Union Shorted Cop's Defense Over Shooting

    A Georgia appellate panel on Tuesday upheld a trial court's ruling that a police union breached its contract with a former Atlanta officer by failing to furnish him with legal representation after a high-profile shooting, clearing the way for the case to proceed to trial.

  • February 17, 2026

    SEC's Atkins Floats Litigation 'Safe Harbor' For Public Cos.

    U.S. Securities and Exchange Commission Chairman Paul Atkins on Tuesday put forth a raft of ideas for encouraging shorter corporate disclosures, including a possible "safe harbor" for publicly traded companies looking to avoid shareholder lawsuits for failing to report the impact of highly publicized events on their businesses.

  • February 17, 2026

    County's Tourism Tax Use Was Reasonable, NC Justices Told

    Counsel for a coastal North Carolina county told the state's Supreme Court justices Tuesday that commissioners' decision to spend occupancy tax dollars on public safety and infrastructure wasn't arbitrary and capricious, while opining that buying carnival equipment for their own pleasure might be.

  • February 17, 2026

    Immigration Judge Halts Student's Deportation Over Speech

    An immigration judge has ended the Trump administration's attempt to deport Columbia University student and green card holder Mohsen Mahdawi, dinging the government for failing to authenticate evidence that he's removable for threatening U.S. foreign policy goals.

  • February 17, 2026

    Law Professors Sue EEOC For Firm DEI Letter Records

    Two professors at law schools in Michigan and Florida have sued the Equal Employment Opportunity Commission in D.C. federal court, seeking documents related to 20 letters the agency sent to law firms over their purported diversity, equity and inclusion practices.

  • February 17, 2026

    FCC Threatens To Nix Mich. Radio Licenses Over Unpaid Fees

    The Federal Communications Commission said it will yank the licenses for seven Michigan radio stations if the company that holds the licenses fails to pay the regulatory fees it has been delinquent on for several years.

  • February 17, 2026

    States Say FEMA Ignoring Disaster Mitigation Funding Order

    Two months after a federal judge ruled that the Trump administration's cancellation of a federal disaster mitigation program was illegal, the government has not shown any signs of restoring it, a coalition of states said Tuesday.

  • February 17, 2026

    Minn. Justices Urged To Uphold Hilton Valuation Cuts

    A county assessor overvalued a Minneapolis Hilton hotel and convention center, the property owner told Minnesota's justices, urging the high court to uphold the state tax court's proper valuation.

Expert Analysis

  • Aerospace And Defense Law: Trends To Follow In 2026

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    Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.

  • Aviation Watch: Busy Skies, Tough Market For Airlines In 2026

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    After a turbulent year in the U.S. commercial aviation sector, demand for air travel and premium service shows no signs of slackening in 2026, with airlines facing the need to compete in a saturated market, while seeking opportunities for consolidation and pursuing other avenues to profitability, says Alan Hoffman, a retired attorney and aviation expert.

  • Viewing The Merger Landscape Through An HPE-Juniper Lens

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    If considerations beyond antitrust law were taken into account to determine whether Section 7 of the Clayton Act was violated in the Hewlett Packard Enterprise-Juniper Networks deal, then legal practitioners advocating deal clearance may now have to argue that deals should be justified by considerations not set forth in the merger guidelines, says Matthew Cantor of Shinder Cantor.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

  • Keys To Effective Mental Health Mitigation In Sentencing

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    Instead of framing a defendant's mental health diagnoses as generalized grounds for leniency during sentencing, defense counsel should present them as objective clinical data that directly informs the risk assessment and rehabilitative questions judges are statutorily required to consider, say Joseph De Gregorio at JN Advisor and Richard Levitt at Levitt & Kaizer.

  • Key Policy Moves Are Powering Nuclear Growth

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    The past year has seen a shift toward strong federal support for new nuclear power generation, and both recent and anticipated policy developments are likely to encourage progress toward that goal — but making sure that this momentum continues may be the hard part, say attorneys at Balch & Bingham.

  • Rescheduling Cannabis Marks New Tax Era For Operators

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    As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • OCC Rulemaking May Clear Haze Around Trust Banks' Scope

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    A recent Office of the Comptroller of the Currency proposal at last eliminates uncertainty around whether national trust banks can engage in nonfiduciary activities, but it does not address which activities are permissible or whether a minimum amount of fiduciary activity is required, say attorneys at Davis Polk.

  • Expect Major Shifts In Patent And Trademark Policy This Year

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    New leadership and initiatives promise to bring consequential changes to the U.S. Patent and Trademark Office's practices in 2026, likely favoring patent allowance and issuance, as well as streamlining trademark processes, say attorneys at Knobbe Martens.

  • How FERC Is Shaping The Future Of Data Center Grid Use

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    Two recent orders from the Federal Energy Regulatory Commission affecting the PJM Interconnection and Southwest Power Pool regions offer the first glimpse into how FERC will address the challenges of balancing resource adequacy, grid reliability and fair cost allocation for expansions to accommodate artificial intelligence-driven data centers, say attorneys at Husch Blackwell.

  • Digital Assets May Be In For A Growth Spurt In 2026

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    All signs point to an acceleration in digital asset product and service innovation throughout 2026, and while questions of first impression still need to be addressed, some legal issues will be clarified, spurring developments namely on the tokenization and stablecoin fronts, say attorneys at Skadden.

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