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Public Policy
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January 27, 2026
Ex-GOP Aide's Work Never Changed, Bias Suit Judge Told
The Connecticut General Assembly's House Republican Office on Tuesday urged a state court judge to issue quick wins on a former Republican press secretary's discrimination and retaliation claims, saying neither an adverse employment action nor discipline occurred before the aide took an approved medical leave and resigned.
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January 27, 2026
Korean Lawmakers Duel Over Trump Tariff Threat Response
President Donald Trump's threat of a tariff hike on South Korea for "not living up to" its trade deal with the U.S. had South Korea's two major parties warring Tuesday over the pact's approval process.
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January 27, 2026
Feds Urge 1st Circ. To Nix 3rd-Country Removals Injunction
The Trump administration told the First Circuit a Massachusetts federal judge overstepped by granting a "sweeping injunction" that required it to provide due process to a certified class of noncitizens facing removal to third countries they have no ties to.
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January 27, 2026
Iowa Church Says DEA Has Delayed Ayahuasca Application
An Iowa church seeking approval for the religious use of a psychedelic has told the D.C. Circuit that the U.S. Drug Enforcement Administration continues to drag its feet on the organization's application for a religious exemption to the Controlled Substances Act.
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January 27, 2026
Churchill Downs Seeks To Void Maine Online Gaming Law
Churchill Downs Inc. and its subsidiaries are asking a federal court to block the state of Maine from enforcing a law that will allow its four tribal governments to operate online gaming, arguing that the statute is race-based and deals "a gut-wrenching" blow to the state's other businesses and citizens.
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January 27, 2026
AGs' HPE-Juniper Hold Too Broad, Too Late, Judge Says
A California federal judge explained his reasoning for refusing to block further integration between Hewlett Packard Enterprise and Juniper Networks, while Democratic attorneys general challenge the Justice Department's controversial settlement permitting the merger.
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January 27, 2026
Sen. Kelly Bashes DOD's 'Alarming' Attempt At Punishment
Sen. Mark Kelly, D-Ariz., a retired U.S. Navy captain, says the U.S. Department of Defense is seeking to impose an "unprecedented" and "radical" view of military veterans' First Amendment rights in order to punish him for telling members of the military they don't have to follow unlawful orders.
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January 27, 2026
Kalshi Taps Ex-Amazon State Policy Pro For New DC Shop
Trading platform Kalshi is expanding its policy efforts amid battles with state gambling regulators and tribes with a new office in Washington, D.C., staffed by government relations specialists, including a former Amazon executive who spent close to a decade with the Mississippi Attorney General's Office.
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January 27, 2026
FCC Asks Carriers To Keep Spanish In Emergency Alerts
The Federal Communications Commission's Public Safety and Homeland Security Bureau on Monday reminded wireless providers that they must properly transmit and display Wireless Emergency Alerts that include Spanish-language characters, warning that altering or deleting those characters violates federal rules.
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January 27, 2026
BigLaw Firms Seek Partial Exec Order Appeal Consolidation
The four BigLaw firms that sued the White House and Justice Department over executive orders against them related to the clients they represent have asked the D.C. Circuit that the cases be "partially consolidated" amid the government's appeals of its losses, while maintaining the ability to file individual response briefs.
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January 27, 2026
Nuke Discharge Law Isn't Preempted, NY Tells 2nd Circ.
New York has told the Second Circuit that a federal judge wrongly concluded that a state law barring the release of radioactive materials into the Hudson River was federally preempted.
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January 27, 2026
Family Members Of Boat Strike Victims Sue Trump Admin
The family members of two Trinidadian men killed in a U.S. boat strike in the Caribbean Sea sued the federal government in Massachusetts federal court Tuesday, claiming the attack was an unlawful extrajudicial killing.
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January 27, 2026
NY Schools Say Federal Threat Over Native Mascot Imminent
A Long Island school district is asking a federal district court to alter its judgment dismissing a challenge to New York's ban on the use of Indigenous imagery, saying the district faces an "imminent and actual threat" of federal Civil Rights Act enforcement if it complies with the state law.
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January 27, 2026
EU, India Reach Major Free Trade Agreement
The European Union and India have struck a deal on a free trade agreement including major tariff removals and reductions, culminating decades' worth of negotiations between the second- and fourth-largest economies in the world, the governments announced Tuesday.
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January 27, 2026
Trump's Greenland Tariff Threats Could Backfire On US
The brief turmoil over President Donald Trump's sweeping tariff threats involving Greenland has abated for Europe and the global financial markets, but European governments may be more likely to retaliate with their own tariffs on the U.S. in the future, experts said.
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January 27, 2026
Fed. Circ. Snubs Google's 'Settled Expectations' Challenge
The Federal Circuit on Tuesday turned down Google's challenge to the U.S. Patent and Trademark Office's policy of denying patent reviews based on the owner's "settled expectations," marking the latest failed case disputing the agency's changes to the Patent Trial and Appeal Board.
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January 27, 2026
8th Circ. Won't Reinstate ICE Injunction In Minneapolis
An Eighth Circuit panel has refused to reinstate a lower court's injunction barring federal immigration agents from retaliating against peaceful protesters in Minneapolis, ruling that it is unlikely to survive an appeal from the Trump administration.
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January 27, 2026
Minn. Judge Summons ICE Head For Contempt Hearing
U.S. Immigration and Customs Enforcement's acting director Todd Lyons must personally appear in Minnesota federal district court to face a contempt hearing, a judge ruled, after ICE failed to release a detained Ecuadorian citizen.
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January 27, 2026
Reporting Duty Doesn't Nix Whistleblower Status, Court Finds
Massachusetts' top appellate court ruled Tuesday that a former employee of a Boston community college was entitled to whistleblower protections for reporting that the college had not told the U.S. Department of Education about an alleged sexual assault, even though he shared in the reporting responsibility.
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January 26, 2026
First Native American Justice In Wash. Won't Seek Reelection
Washington Supreme Court Justice Raquel Montoya-Lewis, the first Native American to win statewide office in the Evergreen state, announced Monday that she wouldn't seek reelection to the high court this year and would instead step down at the end of 2026 to focus on writing books and teaching.
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January 26, 2026
Senate Antitrust Chair Flags Concerns In Netflix-Warner Deal
Netflix's proposed $82.7 billion purchase of Warner Bros. Discovery's studios and HBO streaming businesses risks being a "killer non-acquisition," Sen. Mike Lee has reportedly told the media giants' chief executives, expressing concern that a likely lengthy merger review could leave Warner Bros. in a weakened state.
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January 26, 2026
11th Circ. Won't Expedite Bid To Halt CFPB Energy Loan Rule
The Eleventh Circuit declined Monday to fast-track an appeal aimed at halting a new Consumer Financial Protection Bureau rule on clean-energy home improvement loans, rebuffing the rule's trade group challenger as the agency separately defended the Biden-era measure.
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January 26, 2026
Minn. Refugees Sue Trump Admin Over 'Warrantless' Arrests
Refugees living in Minnesota have filed a proposed class action urging a federal court to block the U.S. Department of Homeland Security from targeting them and other lawfully admitted refugees in the state with warrantless arrests and unauthorized detentions.
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January 26, 2026
Denver Faces Lawsuit Over Flavored Tobacco Ban
A trade group representing 125 small business owners and manufacturers in Colorado's vaping industry has told a Colorado state court that an ordinance passed by the city banning the sale of flavored tobacco products is unconstitutional.
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January 26, 2026
Southern Glazer's Wants To Compare FTC Case To Kroger
Southern Glazer's Wine and Spirits LLC urged a California federal judge Friday to give it key material from the Federal Trade Commission's successful challenge to the Kroger-Albertsons merger, sparring with the FTC on arguments that the agency is contradicting itself in a price discrimination lawsuit.
Expert Analysis
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Perspectives
Justice Requires Excluding Manner Of Death As Evidence
A recent report showing that the unstandardized and subjective U.S. system of medicolegal death investigations contributes to unjust convictions should prompt courts and lawmakers to reject manner of death testimony in favor of more transparent and testable forensic evidence, say Peter Neufeld and Isabelle Cohn at the Innocence Project.
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The SEC Whistleblower Program A Year Into 2nd Trump Admin
The U.S. Securities and Exchange Commission's whistleblower program continues to operate as designed, but its internal cadence, scrutiny of claims and operational structure reflect a period of recalibration, with precision mattering more than ever, say attorneys Scott Silver and David Chase.
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Autonomous Vehicle Liability Trends To Watch In 2026
With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.
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Key Crypto Class Action Trends And Rulings In 2025
As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.
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New Russia Energy Sanctions Add Compliance Complexity
Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.
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6 Laws For Calif. Employers To Know In 2026
California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.
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How New SEC Policies Shift Shareholder Proposal Landscape
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.
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NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?
Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.
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Tracking The Evolution Of AI Insurance Regulation In 2025
As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation
On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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How AI Exec Order May Tee Up Legal Fights With States
The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.
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Recent Proposals May Spell Supervision Overhaul For Banks
A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.