Public Policy

  • February 23, 2026

    FedEx, Bausch, Other Cos. Join Race For Tariff Refunds

    FedEx, Bausch & Lomb and L'Oreal are among the companies that raced to the U.S. Court of International Trade on Monday seeking full refunds of the trade duties they paid as a result of the 2025 tariffs that President Donald Trump illegally imposed under the International Emergency Economic Powers Act.

  • February 23, 2026

    'Wackadoo': 9th Circ. Awarding Stays 'Like Candy,' Judge Says

    The Ninth Circuit is defying U.S. Supreme Court precedent and supersizing its immigration docket by freely awarding lengthy deportation reprieves, according to a new dissent that described a "Wackadoo" realm where noncitizens can safely await "the next Democrat administration."

  • February 23, 2026

    Feds Point To 8th Circ. In Sinclair Station Takeover OK

    Sinclair Inc. has gotten the go ahead to proceed with the acquisition of three television stations in Michigan and New York that it previously would have been barred from buying under long-standing FCC media ownership rules that were recently struck down by the Eighth Circuit.

  • February 23, 2026

    High Court Crafts Escape Hatch In Review Of Climate Torts

    The U.S. Supreme Court on Monday agreed to determine whether a climate change lawsuit against fossil fuel companies can proceed in state court, but the justices also created a potential off-ramp by questioning whether they can actually hear the case.

  • February 23, 2026

    DC Circ. Talks Sharks, Moats In Vertex HHS Kickback Appeal

    Sharks and moats were top of mind Monday morning for one judge on the D.C. Circuit, as gene therapy drugmaker Vertex Pharmaceuticals attempted to convince the court that its fertility preservation program does not violate the Anti-Kickback Statute.

  • February 23, 2026

    ICE Atty Whistleblower Rips 'Broken' Agent Training Program

    An ex-U.S. Immigration and Customs Enforcement attorney testified before a Senate committee Monday that he recently resigned so he could blow the whistle on ICE-officer training cuts amid its hiring surge, slamming the truncated program for being "deficient, defective and broken" and accusing supervisors of secretly pushing "blatantly" unconstitutional orders.

  • February 23, 2026

    NY Pitches Pay-Later Oversight Rules, Borrower Protections

    Buy-now-pay-later providers in New York would face new licensing and supervision requirements, consumer disclosure standards, fee limits and other restrictions under draft rules unveiled Monday by the state's financial services regulator.

  • February 23, 2026

    Banking Orgs. Silent On Trump Family-Tied Crypto Charter Bid

    Two banking industry groups that publicly opposed applications from at least eight crypto firms seeking national trust charters did not weigh in on a similar bid from the Trump-family tied crypto business World Liberty Financial, while public advocacy group commenters blasted the WLF application as being riddled with conflicts.

  • February 23, 2026

    Chemical Co. PQ Contaminated Port Of Tacoma, Suit Says

    The Port of Tacoma has sued Pennsylvania chemical company PQ LLC for millions of dollars in cleanup costs, going to Washington federal court to hold the business liable for contamination from a now-shuttered manufacturing and processing plant.

  • February 23, 2026

    ABA Says Trump Attacks On Justices Cross 'Dangerous Line'

    The American Bar Association on Monday condemned President Donald Trump's "personal attacks" against U.S. Supreme Court justices after Friday's 6-3 decision struck a blow to his tariff policy, saying the remarks "cross a dangerous line that threatens the safety of the judiciary and our judicial process."

  • February 23, 2026

    Union's Case Cite Can't End NJ Bias Claim, Court Told

    New Jersey's acting attorney general told a state judge Friday that Ironworkers Local 11's bid to inject a new federal ruling into a discrimination case falls flat, arguing in a letter that the union's reliance on the decision misfires because the opinion doesn't address state law discrimination or alter the analysis set forth by applicable U.S. Supreme Court precedent.

  • February 23, 2026

    1st Circ. Says Gov't Challenge To Due Process Order Can Wait

    The Trump administration's challenge to an already-stayed Massachusetts district judge's order requiring notice and due process for noncitizens facing removal to countries where they have no prior ties was terminated by the First Circuit on Friday, with the court saying it makes more sense to wait for an appeal based on the merits of the case.

  • February 23, 2026

    FTC, DOJ Mulling New Competitor Collaboration Guidelines

    The U.S. Department of Justice and Federal Trade Commission said Monday that enforcers are planning to issue new antitrust guidelines for collaborations among competitors after the previous administration pulled guidance that had been in place for more than 20 years.

  • February 23, 2026

    Calif. Cities Sue Feds Over Grant Conditions Tied To DEI

    Several cities and counties in California and Oregon have sued the federal government in California federal court, alleging the Trump administration is conditioning federal grants on recipients abandoning the promotion of diversity, equity and inclusion or "gender ideology," which could leave them with the untenable choice of forgoing critical funds.

  • February 23, 2026

    Tribe Says Poll Shows Ariz. Voters Oppose Copper Mine

    The San Carlos Apache Tribe says a poll released by the Center for Biological Diversity shows that Arizona voters oppose Resolution Copper Mining LLC's proposed mine, which would transfer approximately 2,500 acres within the state's Tonto National Forest to the company.

  • February 23, 2026

    Judge Holds Firm On Blocking Bid To End Haitian TPS

    A D.C. federal judge on Monday declined to stay her decision blocking the Trump administration from terminating Temporary Protected Status for Haitians, writing that the government has "no legitimate interest in enforcing a likely unlawful Termination."

  • February 23, 2026

    Union Urges Court To Undo DOL Farm Wage Survey Results

    A farmworkers union has pressed a Washington federal court to reject the U.S. Department of Labor's approval of a wage survey meant to help determine foreign seasonal worker compensation, arguing it entails a "windfall" for growers at domestic farmworkers' expense. 

  • February 23, 2026

    Fla. Biologist Fired Over Kirk Parody Seeks Reinstatement

    A biologist has asked a Florida federal court to restore her state agency position after she was fired for sharing a post making fun of Charlie Kirk on social media, arguing the First Amendment allows free speech on public topics that have nothing to do with her job.

  • February 23, 2026

    Alaskan Village Asks Court To Block BLM Land Decision

    Native villagers near Teshekpuk Lake in Alaska are asking a D.C. federal judge to block the termination of their right-of-way over lands around the lake by the U.S. Bureau of Land Management, claiming that the move would strip the village's property rights without due process.

  • February 23, 2026

    Snow Delays Goldstein Deliberations Until Tuesday

    The jury in SCOTUSblog founder Thomas Goldstein's tax evasion trial won't be back to deliberate until Tuesday, after snow prompted courts in the District of Maryland to close Monday.

  • February 23, 2026

    Xcel Energy Will Replace Utility Poles After Historic Wildfire

    Xcel Energy has agreed to replace damaged and dilapidated utility poles to settle Texas Attorney General Ken Paxton's suit accusing the energy company of causing the largest wildfire in recorded Texas history.

  • February 23, 2026

    NJ Justices Say Persistent Offender Law Needs Update

    The New Jersey Supreme Court ruled Monday that a judge's factfinding under the state's persistent-offender statute violated U.S. Supreme Court precedent but amounted to harmless error, reinstating a 42‑year sentence for sexual assault and urging lawmakers to rewrite the statute.

  • February 23, 2026

    Trade Court OKs Reversed Taiwan Tire Duty Decision

    The U.S. Court of International Trade said the Department of Commerce has fixed a previously faulty ruling exempting a Taiwanese exporter's spare tires from an antidumping order, with the trade court sustaining a new determination finding the tires are in-scope.

  • February 23, 2026

    NJ Statehouse Catch-Up: Family Leave, PFAS, Farmland Tax

    In his final days as New Jersey governor, Phil Murphy was busy signing a slew of measures reforming existing legislation as well as bills aimed at breaking new ground.

  • February 23, 2026

    W.Va. Judge Says Masked ICE Arrest Was Unconstitutional

    A West Virginia federal judge ordered the Trump administration to release a detained El Salvadoran man, ruling the government violated his rights by allowing masked agents to arrest him and then keeping him in its custody without a bond hearing.

Expert Analysis

  • How To Trademark A Guy In 8 Ways: An IP Strategy Against AI

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    Attempting a novel method of protection against artificial intelligence misuse of his voice and likeness, Matthew McConaughey's recent efforts to register eight trademarks for a series of audio and video clips of himself underscore the importance of extending existing legal frameworks beyond traditional applications, says Summer Todd at Patterson Intellectual Property.

  • Ambiguity Remains On Anti-DEI Grant Conditions

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    Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.

  • Utah's AI Prescription Renewal Pilot Could Inform Policy

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    Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.

  • Radiation Standard Shift Might Add Complications For Cos.

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    In keeping with the Trump administration's focus on nuclear energy, the U.S. Department of Energy recently announced that it will eliminate the "as low as reasonably achievable" radiation protection standard for agency practices and regulations — but it is far from clear that this change will benefit the nuclear power industry, say attorneys at K&L Gates.

  • Bipartisan Enforcement Is Rising In Consumer Finance

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    Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.

  • How Attorneys Can Navigate Shifts In Financing Landscape

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    Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.

  • A Primer On Law Enforcement Self-Defense Doctrine

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    In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.

  • Ramped Up Psychedelic Production Carries Opportunity, Risk

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    Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • New Biotech Nat'l Security Controls May Have Blunted Impact

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    While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • Takeaways From The DOJ Fraud Section's 2025 Year In Review

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    Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.

  • New State Regs On PFAS In Products Complicate Compliance

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    The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.

  • Bid Protest Data Contradicts Claims That System Is Inefficient

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    Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.

  • Opinion

    Congress Should Lead On AI Policy, Not The States

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    There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.

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