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Public Policy
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February 09, 2026
Unions Seek To Revive Challenge To Feds' Resignation Offer
A labor coalition urged the First Circuit to revive a challenge to the Trump administration's resignation offer to federal employees last year, defending its right to sue and disputing that two niche agencies should get the first crack at its claims.
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February 09, 2026
USPTO Targets Double-Dipping In Anon. Ex Parte Challenges
The U.S. Patent and Trademark Office is now requiring those who anonymously petition it to reexamine a patent's validity to certify that they haven't already challenged it at the Patent Trial and Appeal Board.
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February 09, 2026
Renewable Fuel Co. Owner Cops To $6M Tax Credit Scheme
The owner of a renewable fuel company copped to a scheme that sought more than $6 million in fraudulent tax credits related to how much biodiesel the company claimed to produce, according to Florida federal court documents.
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February 09, 2026
Videographer Fights 4th Circ.'s Choice To Shipwreck IP Suit
A videographer and his production company urged the full Fourth Circuit to let him revive his copyright infringement lawsuit over footage of Blackbeard's shipwreck, arguing Monday that a panel's recent opinion to end the case laid new and overly broad pathways for pendent jurisdiction.
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February 09, 2026
North Dakota, DOJ Near Settlement In Dakota Access Appeal
The United States and North Dakota have reached a settlement in a $28 million dispute over protesters' efforts to stop the construction of the Dakota Access Pipeline in which the state alleged that the Army Corps and federal officials failed to manage the massive crowds.
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February 09, 2026
Pullman & Comley Says Lender Can't Sue Over $16.2M Deal
Pullman & Comley LLC on Monday said a Connecticut judge lacks jurisdiction to hear legal malpractice and related claims from a lender that loaned $16.2 million to the corporate arm of a municipal housing authority, arguing the housing entity, not the lender, was its only client.
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February 09, 2026
Ill. Legislation Targets Outside Investments In Legal Sector
Two bills introduced in the Illinois state Legislature seek to place restrictions on the use of private equity-backed managed service organizations in the legal industry and on any fee-sharing between Illinois lawyers and firms owned by nonlawyers in states like Arizona.
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February 09, 2026
States Seek Quick Win On $100K H-1B Fee 'Power-Grab'
A group of 20 states asked a Massachusetts federal judge for a win in their challenge to the Trump administration's policy imposing a $100,000 fee on certain H-1B visa petitions, arguing the measure unlawfully rewrites Congress' carefully calibrated immigration scheme and exceeds executive authority.
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February 09, 2026
Luxury Terminal Developer Protests Dulles Contract Decisions
A California company aiming to develop a private luxury terminal for Washington Dulles International Airport asked a D.C. federal judge to block the Metropolitan Washington Airports Authority from moving ahead with a "thinly veiled" attempt to steer the deal to another company.
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February 09, 2026
Guam Can't Appeal Military Leave Suit Loss At 9th Circ.
A retirement fund for Guam government employees did not meet the standard for an immediate appeal of a ruling that its leave-sharing program violates federal military service protections, a federal judge ruled Monday, denying the territory's and fund's Ninth Circuit bid.
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February 09, 2026
Long Island Towns Challenge State Over Cannabis Preemption
A trio of Long Island towns are pushing back against New York regulators' assertion that the state's cannabis law preempts localities from enforcing certain local policies governing where marijuana stores can be located.
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February 09, 2026
'Baby Shark' Ruling Doesn't Stop Google Anti-Phishing Fight
A Manhattan federal judge granted injunctive relief Monday to Google in its effort to combat an alleged China-based phishing enterprise, holding that faraway defendants were properly served electronically despite an appellate ruling mandating mail service in a "Baby Shark" infringement case.
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February 09, 2026
EEOC, Law Students End Legal Battle Over Firm DEI Letters
A proposed class action brought by law students last year challenging the U.S. Equal Employment Opportunity Commission's requests for diversity data from 20 law firms ended Monday with the government agreeing compliance "was not mandatory, and that most law firms did not provide any of the requested information."
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February 09, 2026
Mass. Police Academy Staff Charged In Recruit's Death
Four Massachusetts State Police training academy employees were charged Monday in connection with the death of a police recruit, following an independent investigation by a Todd & Weld LLP partner.
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February 09, 2026
Feds Get Gateway Tunnel Funding Freeze During Appeal
A Manhattan federal judge on Monday froze her Friday order requiring the U.S. Department of Transportation to resume paying for the $16 billion Gateway Tunnel, as the agency seeks emergency relief from the Second Circuit.
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February 09, 2026
Ex-NC City Council Member Enters Plea Deal For COVID Fraud
A former Charlotte, North Carolina, councilwoman pled guilty Monday in federal court to one count of wire fraud conspiracy as part of an alleged scheme with her daughters to file sham small-business loan applications for COVID-19 relief funds during the pandemic.
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February 09, 2026
Mass. Justices Urged To Keep Rent Control Initiative Off Ballot
Opponents of a proposed Massachusetts ballot measure to limit rent increases asked the state's top court to defeat the initiative before it reaches voters.
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February 09, 2026
US Backs Bid To Halt Line 5 Shutdown On Wis. Tribal Lands
The government is backing a bid by Enbridge Energy Inc. to stay an order requiring the partial removal of its Line 5 pipeline that runs through Wisconsin tribal lands, saying that while it has an interest in protecting federal trust lands, the case implicates significant interests in foreign affairs.
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February 09, 2026
Neb. Lawmakers OK Rule Changes For Property Tax Hearings
Nebraska would change who is required to attend public hearings on proposed property tax increases under a bill unanimously approved by state lawmakers and presented to the governor.
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February 06, 2026
5th Circ. Backs Trump Admin On Immigrants' Bond Ineligibility
A split Fifth Circuit on Friday blessed the Trump administration's policy calling for immigrants who entered the U.S. without authorization to remain in detention without a bond hearing, saying the administration is acting within its "full enforcement authority."
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February 06, 2026
Citing Feds' 'Lies,' Judge Orders 3 Families Returned To U.S.
The Trump administration must return three immigrant families wrongly deported in violation of a family separation settlement agreement, a California federal judge said Thursday, stating the removals were unlawful and "involved lies, deception, and coercion."
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February 06, 2026
SEC Seeks To Enforce $27M Order In NFL, NBA Player Fraud
The U.S. Securities and Exchange Commission has asked a Washington, D.C., federal judge to order a broker-dealer and its sole director to comply with a 2015 commission order requiring them to pay over $27 million in disgorgement and other fines that stemmed from allegations that they ran a Ponzi scheme that swindled NFL and NBA clients out of $12 million.
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February 06, 2026
Paycheck Advances Aren't Loans, Fintech Orgs Tell 9th Circ.
Fintech trade groups on Friday urged the Ninth Circuit to rein in class litigation over earned wage access products, arguing it should recognize the products as distinct from credit under federal lending laws or risk upending a popular, safer alternative to traditional loans.
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February 06, 2026
Trump Admin, States Reach Agreement In School DEI Fight
The Trump administration has agreed not to condition federal education funding for state and legal education agencies on what a coalition of nearly 20 states alleged was an incorrect interpretation of law in relation to diversity, equity and inclusion, according to a Friday filing in Massachusetts federal court.
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February 06, 2026
Squires Rules Inconsistent Claim Constructions Doom 3 IPRs
U.S. Patent and Trademark Office Director John Squires has undone three decisions by the Patent Trial and Appeal Board instituting inter partes reviews, finding that the patent challengers made conflicting claim construction arguments in the reviews and in court.
Expert Analysis
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What To Know About NY's Drastic 3rd-Party Practice Changes
Last month, New York Gov. Kathy Hochul signed a law establishing new time limits for the commencement of third-party actions, which will have dramatic effects on insurance defense practice, particularly cases involving construction site accidents or claims of premises liability, says Shawn Schatzle at Lewis Brisbois.
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Series
Mass. Banking Brief: All The Notable Legal Updates In Q4
Among the most significant developments on the banking regulation front in Massachusetts last quarter, Attorney General Andrea Joy Campbell announced her bid for reelection, and the state Division of Banks continued its fintech focus by finalizing rules implementing a new money transmitter law, say attorneys at Nutter.
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3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine
A trio of decisions from courts in the District of Columbia Circuit, including a recent order compelling prosecutors to return materials seized from James Comey’s former attorney, makes clear that continued government possession of digital evidence may implicate the Fourth Amendment, says Gregory Rosen at RJO.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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How Changes At The IRS Will Affect Tax Controversy In 2026
Taxpayers will need to adjust approaches to dealing with the IRS in 2026, as the agency is likely to shift its audit strategies and increases reliance on technology following the significant reductions in funding and personnel last year, say attorneys at Crowell & Moring.
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Chancery Exec Noncompete Ruling Offers PE Buyer Lessons
In Derge v. D&H United Fueling Solutions, the Delaware Court of Chancery sided with a private equity-backed portfolio company by enforcing a noncompete against an executive, providing private equity buyers with a checklist of factors for an enforceable noncompete in the sale-of-business context, says Danielle Asaad at Squire Patton.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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Navigating Workplace AI When Federal, State Policies Clash
Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.
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State AG Enforcement During CFPB Gap Predicts 2026 Trends
State attorneys general responded to the decrease in Consumer Financial Protection Bureau enforcement in 2025 by stepping in to regulate consumer finance more than ever before, and the trends in rebooting CFPB investigations, cracking down on ESG and DEI initiatives, and fighting financial exploitation of homeowners will likely extend into 2026, say attorneys at Cozen O'Connor.
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Trending At The PTAB: The Policies That Are Redefining IPR
The evolution of the Patent Trial and Appeal Board's inter partes review institution regime last year, coupled with the policy considerations behind that evolution, marks a shift toward greater gatekeeping of the U.S. Patent and Trademark Office's resources and patent enforcement rights, say attorneys at Finnegan.
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4 Trends Shaping Drug And Medical Device Law For 2026
2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.
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US Sanctions Targeting Russia's Oil Giants Heighten Biz Risks
Businesses operating in the energy sector, both in and outside the U.S., should review their operations for any links to Russian oil companies and their subsidiaries recently targeted by U.S. sanctions, to avoid unexpected reputational and financial risk, and even secondary sanctions, say authors at Blank Rome.
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How Shareholder Activism Fared In 2025
2025 was a turbulent yet transformative year in shareholder activism, and there are several key takeaways to help companies prepare for a 2026 that is shaping up to be even more lively, including increased focus on retail investors and the use of social media as a tool, say attorneys at Sidley.
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2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture
The Second Circuit’s recent U.S. v. Ross decision, partially denying the return of an attorney's seized funds based on rigid standing requirements, underscores the unforgiving technical complexities of civil asset forfeiture law, and provides several lessons for practitioners, says Elisha Kobre at Sheppard Mullin.