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Public Policy
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March 04, 2026
Justices Limit Courts' Purview Over Persecution Findings
The U.S. Supreme Court on Wednesday restrained federal courts' ability to review determinations from the Board of Immigration Appeals over whether the past mistreatment of asylum seekers constitutes persecution, saying courts must apply a deferential substantial evidence review to the board's judgment.
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March 04, 2026
Supreme Court Rejects NJ Immunity Defense In NY, Pa. Suits
The U.S. Supreme Court ruled Wednesday that New Jersey cannot shield its public transit system from personal injury lawsuits by out-of-state plaintiffs under the doctrine of sovereign immunity.
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March 03, 2026
OCC Clears Faster Merger, Licensing Path For Smaller Banks
The Office of the Comptroller of the Currency on Tuesday expanded fast-track merger review and licensing pathways for banks under $30 billion in assets, its latest move to advance the Trump administration's deregulatory push for so-called community banks.
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March 03, 2026
Trump Plan To Reopen Coal Plant Is Illegal, Wash. AG Says
Washington state's attorney general and five environmental watchdogs are challenging the Trump administration's effort to reopen a decommissioned coal power plant in Chehalis, Washington, arguing that the U.S. Department of Energy lacks the authority to force the plant back into operation.
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March 03, 2026
Squires' Restrictions On Conflicts May Have Little Effect
U.S. Patent and Trademark Office Director John Squires has barred patent examiners from evaluating applications for companies where they have any financial interest, rather than a former $15,000 cap, but attorneys raised concerns that the scope of his changes is small, and there are no consequences for not complying.
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March 03, 2026
EPA Fights Fluoridated Water IQ Risk Finding At 9th Circ.
The U.S. Environmental Protection Agency urged the Ninth Circuit on Tuesday to reverse a ruling that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ, arguing that the trial judge improperly held his ruling in abeyance for years to await more scientific evidence.
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March 03, 2026
FCC Asks If Int'l Regulatory Barriers To Space Biz Are Fair
The Federal Communications Commission is wondering if other countries are treating U.S. satellite companies with the same equality that the United States has shown to satellite entrants from other nations and whether the agency ought to do something to level the playing field.
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March 03, 2026
Split 9th Circ. Tells EPA To Review Cadmium's Species Impact
The U.S. Environmental Protection Agency must analyze how its revised water quality standards for cadmium would affect endangered species, a split Ninth Circuit ruled Tuesday, upholding a conservation organization's victory in a lawsuit over the agency's guidance tripling the levels of the heavy metal allowed in U.S. waters.
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March 03, 2026
Tunnel Funding Freeze Fight Is In Wrong Court, 2nd Circ. Told
New York and New Jersey's federal lawsuit challenging a freeze on Gateway Tunnel funding must be dismissed because it falls within the exclusive jurisdiction of the U.S. Court of Federal Claims, the U.S. Department of Transportation argued to the Second Circuit on Tuesday.
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March 03, 2026
New Whistleblower Program Adds 'Bit More Stick,' DOJ Says
The U.S. Department of Justice Antitrust Division's new whistleblower rewards program partnership with the U.S. Postal Service doesn't displace the leniency program by which companies disclose potential price-fixing and other antitrust violations, a DOJ official said Tuesday in Washington, D.C., but it is an important complement.
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March 03, 2026
7th Circ. Expedites Bank Appeal Of Ill. Swipe-Fee Law
The Seventh Circuit granted banking and credit union trade groups' bid to fast-track their appeal over the Illinois Interchange Fee Prohibition Act after they asked to schedule the case for a decision before the law banning swipe fees on tax and tip payments takes effect July 1.
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March 03, 2026
Dems Want Investigation Into DHS Location Data Buys
Dozens of Democratic lawmakers on Tuesday asked a federal watchdog to investigate whether the U.S. Department of Homeland Security restarted a program to buy location data on Americans without warrants.
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March 03, 2026
XAI Presses Judge To Block California's AI Disclosure Law
XAI has told a California federal judge that the state had fallen short of its obligations to inform the court and the company if it planned to institute any enforcement actions when responding to a court order, with xAI reiterating its request for the court to block a law that would require data used to train artificial intelligence be disclosed.
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March 03, 2026
Judge Says Accounts Of DOJ And FEMA 'Completely Different'
A California federal judge overseeing a lawsuit by federal worker unions, local governments and nonprofits challenging Trump administration layoffs expressed deep frustration Tuesday after a U.S. Department of Justice attorney contradicted a senior Federal Emergency Management Agency official's sworn declaration in the case.
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March 03, 2026
Iran War Has Oil & Gas Dealmakers Holding Their Breath
Oil and gas dealmakers are cautiously optimistic they can ride out any immediate energy market volatility caused by the U.S. and Israel-Iran war, but the potential for disrupted transactions will grow if the conflict drags on, or continues to provoke Middle East neighbors.
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March 03, 2026
Iridium Challenges 'Spectrum Hoarder' Ligado's SkyTerra Plan
Iridium has urged the Federal Communications Commission to reject Ligado Networks' push for a carveout from licensing rules to allow AST to build a new satellite constellation in the L-band airwaves, saying it could interfere with other users.
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March 03, 2026
Fla. House Passes Land Use Bill With Local Preemptions
The Florida House on Tuesday passed a bill weakening local government control over land use law with steps that its sponsor said are necessary to address a housing affordability crisis but that critics decried as a handout to developers.
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March 03, 2026
House OKs Effort To Ease Broadband Builds On Federal Land
The U.S. House voted Tuesday to direct land management agencies to study how they can ease the process for allowing broadband infrastructure to run through public lands.
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March 03, 2026
Apple Asks 9th Circ. To Rethink Part Of App Store Injunction
Apple asked the Ninth Circuit to reconsider part of a panel decision that largely affirmed an injunction in the case being brought by Epic Games Inc. that blocked the tech giant from charging developers "prohibitive" commissions on iPhone app purchases made outside its payment systems.
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March 03, 2026
Mass. Sheriff Must Face Pot Extortion Charges
A federal judge on Tuesday denied a request by a Massachusetts sheriff to toss charges that he used his position to obtain pre-initial public offering shares in a cannabis dispensary and a refund when their value dropped.
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March 03, 2026
Ex-FDA Leaders Rebut Contraception Rollbacks At 3rd Circ.
Former FDA commissioners argued that Trump-era religious exemptions for birth control coverage jeopardize public health and distort medical science, in an animus brief filed Monday with the Third Circuit.
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March 03, 2026
NC Town Must Face Firefighter's Retaliation, Free Speech Suit
A former part-time fire chief who accused a North Carolina town of terminating him after he sought to improve firefighter pay and benefits can proceed with his retaliation lawsuit, as a North Carolina federal court said it's too early to know if his ex-employer is immune from the suit.
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March 03, 2026
Conn. Beats Challenge To Open Carry Ban, Handgun Limits
Two gun owners and an Idaho-based nonprofit lack standing to sue a Connecticut prosecutor in an effort to invalidate the state's open carry ban and its three-per-month limitation on handgun purchases, a federal judge has ruled.
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March 03, 2026
Wash., Cities Say Pandemic Eviction Moratoria Suit Is Too Late
Washington and a host of municipal governments throughout the state urged a federal court to toss landlords' suit challenging several pandemic-era eviction moratoria, arguing the claims are barred by a three-year statute of limitations.
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March 03, 2026
GOP Pushes For DHS Funding Amid War With Iran
Republicans are putting pressure on Democrats to support funding for the U.S. Department of Homeland Security as the U.S. and Israel-Iran war continues.
Expert Analysis
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A Closer Look At California Financial Regulator's 2026 Agenda
California Department of Financial Protection and Innovation Commissioner KC Mohseni in recent remarks demonstrated the regulator's growing importance amid the Consumer Financial Protection Bureau's retreat by debuting expansive goals for 2026, including finalizing rulemaking for the state's digital asset law and expanding enforcement authority around consumer complaints, says John Kimble at Hinshaw.
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California's New Privacy Laws Demand Preparation From Cos.
An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.
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USPTO Initiatives May Bolster SEP Litigation In The US
The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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Navigating New Risks Amid Altered Foreign Issuer Landscape
The U.S. Securities and Exchange Commission's potential rulemaking to redefine who qualifies as a foreign private issuer will shape securities regulation and enforcement for decades, affecting not only FPIs and U.S. investors but also the U.S.' position in global capital markets, says Elisha Kobre at Sheppard.
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Predicting Actual Impact From CDC's New Vaccine Guidance
Recent federal changes to the childhood immunization schedule, reducing the number of vaccine recommendations from 18 to 11, do not automatically create enforceable obligations for parents, schools or healthcare providers, but may spur litigation and other downstream effects on school policies and state guidelines, says Mehdi Sinaki at Michelman & Robinson.
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Open Questions After Defense Contractor Executive Order
The scope and long-term effects of President Donald Trump’s executive order on the U.S. defense industrial base are uncertain, but the immediate impact is significant as it appears to direct the U.S. Department of Defense to take a more active role in contractor affairs, say attorneys at Morgan Lewis.
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Reflections From High Court Oral Args Over Fed Gov. Removal
In the oral arguments last month for Trump v. Cook, which asks the U.S. Supreme Court to clarify the circumstances under which the president can remove a Federal Reserve Board governor, the justices appeared skeptical about ruling on the substantive issues in view of the limited record and analysis, say attorneys at Ballard Spahr.
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What NY's GHG Reporting Program Means For Oil, Gas Cos.
New York's new Mandatory Greenhouse Gas Reporting Program represents a significant compliance regime for the oil and gas industry, so any business touching the state's fuel market should determine its obligations, and be prepared to gather data, create a monitoring plan and institute controls for accurate reporting, say attorneys at White & Case.
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USPTO's New Patentability Focus Helps Emerging Tech
The U.S. Patent and Trademark Office's recent efforts to shift patentability criteria back toward traditional standards of novelty, obviousness and adequate disclosure should make it easier for emerging tech, including artificial intelligence, to obtain patents, says Bill Braunlin at Barclay Damon.
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What's At Stake In Possible Circuit Split On Medicaid Rule
A recent Eleventh Circuit decision, reviving Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, sets up a potential circuit split with the Fifth Circuit, with important ramifications for states looking to private administrators to run provider tax programs, say Liz Goodman, Karuna Seshasai and Rebecca Pitt at FTI Consulting.
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How States Are Advancing Enviro Justice Policies
The federal pullback on environmental justice creates uncertainty and impedes cross‑jurisdictional coordination, but EJ diligence remains prudent risk management, with many states having developed and implemented statutes, screening tools, permitting standards and more, say attorneys at King & Spalding.
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CFIUS Risk Lessons From Chips Biz Divestment Order
President Donald Trump's January executive order directing HieFo to unwind its 2024 acquisition of a semiconductor business with ties to China underscores that even modestly sized transactions can attract CFIUS interest if they could affect strategic areas prioritized by the U.S. government, say attorneys at Debevoise.
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What Applicants Can Expect From Calif. Crypto License Law
With the July effective date for California's Digital Financial Assets Law fast approaching, now is a critical time for companies to prepare for licensure, application and coverage compliance ahead of this significant regulatory milestone that will reshape how digital asset businesses operate in California, say attorneys at MoFo.
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Elections Mean Time For Political Law Compliance Checkups
An active election year is the perfect time for in-house counsel to conduct a health check on their company's corporate political law compliance program to ensure it’s prepared to minimize risks related to electoral engagement, lobbying, pay-to-play laws and government ethics rules, say attorneys at Steptoe.