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Public Policy
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January 08, 2026
Organ Procurer Says CMS Rule Will Toss Industry Into Chaos
A North Carolina-based organ procurement organization wants a federal court to toss aside a Centers for Medicare & Medicaid Services rule taking effect this year that will alter how organ procurers are certified, arguing the rule pits them against one another in a "Hunger-Games-style" competition.
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January 08, 2026
4 Executive Pay Trends Attorneys Will Be Watching In 2026
A potentially sweeping overhaul simplifying the U.S. Securities and Exchange Commission's disclosure regime for public company executive compensation will be top of mind for executive pay practitioners as they look for new developments in the coming year. Here's a look at this and three other areas they'll be keeping an eye on.
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January 08, 2026
Miami Dade College Seeks Judge DQ In Trump Library Case
Miami Dade College said a Florida state judge should be disqualified from presiding over a dispute concerning its transfer of land to the state for the Donald J. Trump Presidential Library, arguing that the judge thanked and hugged the retired Florida International University professor challenging the transfer and discussed facts that weren't in court documents.
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January 08, 2026
La. Judge Is Senate's 1st Judicial Confirmation Of 2026
The Senate voted 53-40 on Thursday to confirm former acting U.S. Attorney Alexander C. Van Hook to be a district judge in the Western District of Louisiana.
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January 08, 2026
EPA's Water Rule Dispute Paused Amid Legal Uncertainty
A North Dakota federal judge is holding in abeyance seven states' challenge to a U.S. Environmental Protection Agency's rule revision that considers tribal rights in addressing water quality standards until the agency determines if it wants to defend the final law or start a new rulemaking process.
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January 08, 2026
Sen. Ag Committee To Hold Crypto Markup Next Week
The Senate Agriculture Committee intends to hold its own markup of a bill to regulate crypto markets the same day as its Banking Committee counterparts, a spokesperson confirmed Thursday.
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January 08, 2026
Trump Admin Says Climate Grant Class Suit Is Moot
The Trump administration has told the D.C. Circuit that a proposed class action accusing it of illegally terminating a $3 billion environmental justice block grant program is moot because Congress has rescinded the funds that green groups and local governments are seeking to recover.
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January 08, 2026
Audits Get Final Word On Economic Substance, IRS Atty Says
IRS attorneys provide legal guidance during audits on whether a transaction lacks economic substance, but examiners make the ultimate determination, an agency associate chief counsel said Thursday while explaining how the agency applies a powerful anti-abuse tool in audits.
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January 08, 2026
Trump Seeks $6.2M In Legal Fees In Ga. Election Case
President Donald Trump asked a state judge Wednesday to award him more than $6.2 million in legal fees from his Georgia election interference case, invoking a recent state law allowing defendants to recoup their expenses from public coffers if their prosecutors are disqualified for misconduct.
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January 08, 2026
Trump Admin Can't Undo Block On Drug Rebate Program
A First Circuit panel has refused to lift a district judge's block on a Trump administration plan to pilot a rebate model for a federal drug discount program that benefits low-income patients, saying the federal government is unlikely to win its appeal.
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January 08, 2026
Legal Services Atty Named Top NYC Human Rights Enforcer
New York Mayor Zohran Mamdani has tapped a lawyer from a group that provides free legal services to low-income clients to spearhead the city's human rights enforcement body.
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January 08, 2026
IRS Floats Changes To Third-Party Settlement Payments
The Internal Revenue Service floated changes Thursday to withholding rules for organizations such as PayPal and Venmo that make payments to settle third-party network transactions, saying the move would align regulations with an increase to the threshold for tax reporting.
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January 08, 2026
US Atty In NY Northern District Serving Unlawfully, Judge Says
A Manhattan federal judge on Thursday held that the acting U.S. attorney for the Northern District of New York is unlawfully serving in his position, the latest in a string of rulings disqualifying prosecutors appointed by President Donald Trump.
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January 07, 2026
Trump Bars 'Underperforming' Defense Contractors' Buybacks
President Donald Trump said Wednesday that defense contractors are barred from buying back their own stocks or paying shareholder dividends if they are underperforming on their U.S. government contracts, ordering a review and potential "remediation plan" for contractors found slacking.
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January 07, 2026
Bulk Of SDNY Attys Are Tasked With Reviewing Epstein Docs
Over half of the more than 220 assistant U.S. attorneys at the U.S. Attorney's Office for the Southern District of New York have been tasked with sifting through documents related to the investigation of the late financier and sex offender Jeffrey Epstein, according to a Justice Department disclosure filed in federal court.
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January 07, 2026
10th Circ. Halts Kan. Bank's $20M FDIC Appeal For Settlement
The Tenth Circuit will hold off on hearing a small Kansas bank's push to challenge a $20 million anti-money laundering enforcement proceeding from the Federal Deposit Insurance Corp. after the two sides said Wednesday that they have reached a settlement.
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January 07, 2026
House Talks Market Share Regarding Netflix-WB Merger
Rapid consolidation in the streaming market was on the minds of members of the House Judiciary Committee's subcommittee on antitrust when they met Wednesday, with Democrats questioning if competition was being threatened and if the president was exerting too much influence on merger reviews.
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January 07, 2026
Trump Exits Climate Pact, UN Orgs. He Says 'Conflict' With US
President Donald Trump announced Wednesday he is withdrawing the United States from a decades-old international agreement that brings the world's countries together to take action against climate change, as well as 65 other international organizations and treaties that are "contrary to the interests" of the U.S.
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January 07, 2026
DOJ To Appeal Reinstatement Of Clearance For Mark Zaid
The Trump administration told a D.C. federal judge on Wednesday that it will obey his injunction to reinstate attorney Mark Zaid's security clearance as it appeals the ruling in the D.C. Circuit, but left open the possibility that government intelligence agencies could try to revoke it again for new reasons.
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January 07, 2026
Trump Family-Tied Stablecoin Co. Seeks Bank Charter
The Trump family-tied crypto company World Liberty Financial said Wednesday that it's filed an application with the Office of the Comptroller of the Currency to become a national trust bank as it looks to expand its stablecoin business, drawing the ire of one lawmaker, who called the application a conflict of interest.
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January 07, 2026
2 European Fintechs Seek OCC Bank Charters
Two European fintechs are seeking sign-offs from the Office of the Comptroller of the Currency to set up U.S. banks, including a firm planning to issue its own stablecoin.
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January 07, 2026
Mich. Again Falls Short In Bid To Ax Challenge To 24% Pot Tax
A Michigan federal judge is standing firm in her decision to allow industry members to proceed with a portion of their challenge to the state's excise tax on wholesale marijuana sales, finding that the state hasn't identified a "palpable error" that would justify disposing of the sole remaining dispute over the law's intent.
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January 07, 2026
Mich. AG Says State Lawmakers Can't Ax $645M In Spending
Michigan's attorney general said a state House committee acted unlawfully when it blocked $645 million in previously approved funds from rolling over to the next fiscal year, issuing a formal opinion Wednesday deeming the move unconstitutional.
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January 07, 2026
Feds Cut $160M From Calif. Over Truck Driver Licenses
The U.S. Department of Transportation said Wednesday that California will lose out on nearly $160 million in federal highway funds for failing to revoke thousands of commercial driver's licenses that were issued to ineligible foreign drivers, as the Trump administration cracks down on immigrant truck drivers.
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January 07, 2026
ISS Asks Judge Not To Stall Ruling On Texas ESG Law
Institutional Shareholder Services Inc. is pushing back on Texas' request to delay a ruling on the constitutionality of a law requiring proxy advisory firms to disclose when voting recommendations are based on environmental, social or governance factors, arguing that the state hasn't shown how additional discovery "will make any difference" to the case.
Expert Analysis
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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.
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Where DEI Stands After The Federal Crackdown In 2025
The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.