Public Policy

  • February 24, 2026

    Colo. Real Estate Sale Receipts Not Apportionable To Corp.

    Gross receipts from the sale of a Colorado assisted living facility by a partnership are not included in the receipts of the partnership's majority owner for the purpose of state apportionment, the state tax department said.

  • February 24, 2026

    A&O Shearman Adds Latham Atty With CFIUS Experience

    Allen Overy Shearman Sterling has rehired a former senior Treasury Department lawyer in Washington, D.C., whose practice focuses on Committee on Foreign Investment in the United States matters and a range of other trade compliance issues.

  • February 24, 2026

    AstraZeneca Drug Price Challenge Falls Short In Hawaii

    A federal judge in Hawaii temporarily upheld the state's law that prevents drug manufacturers from blocking safety-net hospitals from contracting with an unlimited number of outside pharmacies to dispense discounted prescription drugs under the 340B Drug Discount Program. 

  • February 24, 2026

    Ex-Pandemic Watchdog Cements Interim US Atty Role In Pa.

    Interim U.S. Attorney Brian D. Miller has been reappointed as the Middle District of Pennsylvania's top federal prosecutor, a role that he is set to hold while his nomination remains pending in the Senate, his office said Tuesday.

  • February 24, 2026

    Feds Lack Standing Over Immigrant Protection Laws, Ill. Says

    Illinois is defending two recently enacted laws that allow private parties to sue civil immigration enforcement officers for knowingly violating their constitutional rights and bar civil immigration arrests at courthouses, telling a federal court the Trump administration lacks standing to challenge them.

  • February 24, 2026

    ACLU Says Justices' Tariffs Ruling Dooms ICE No Bond Policy

    A U.S. Supreme Court ruling curbing President Donald Trump's authority to impose tariffs also undercuts the administration's sweeping assertion that it can subject all noncitizens to mandatory detention during removal proceedings, the American Civil Liberties Union told the Eighth Circuit.

  • February 24, 2026

    Interior Department Finalizes NEPA Rollback For Public Lands

    The Interior Department said it has cleared the way for faster approval of large infrastructure projects by finalizing a rollback of nearly 50-year-old policies in the National Environmental Protection Act to reduce the scope of the law by more than 80%.

  • February 24, 2026

    Minn. Lakefront Property Overvalued, Tax Court Says

    A Minnesota property was overvalued by a local assessor, including by more than $1 million in two tax years, the state tax court said, rejecting a county assessor's argument that a conservation easement prohibited the use considered in the owner's analysis.

  • February 24, 2026

    DC Circ. Won't Stop IRS From Sharing Data With DHS

    Immigrant advocacy groups challenging the legality of an information-sharing agreement between federal immigration authorities and the IRS are not entitled to a court order stopping the tax agency from sharing taxpayer addresses for enforcement purposes, the D.C. Circuit said Tuesday. 

  • February 24, 2026

    Justices Rule USPS Immune For Declining To Deliver Mail

    A Texas woman cannot hold U.S. Postal Service workers liable for engaging in a "racially motivated harassment campaign" against her, the U.S. Supreme Court ruled Tuesday, finding a federal tort law immunizes the service from claims related to intentional delivery failures.

  • 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.

Expert Analysis

  • 6 Issues That May Follow The 340B Rebate Pilot Challenge

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    Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.

  • Wis. Sanctions Order May Shake Up Securities Class Actions

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    A Wisconsin federal court’s recent decision to impose sanctions on a plaintiffs law firm for filing a frivolous Private Securities Litigation Reform Act complaint in Toft v. Harbor Diversified may cause both plaintiffs and defendants law firms to reconsider certain customary practices in securities class actions, says Jonathan Richman at Brown Rudnick.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • Reinventing Bank Risk Mgmt. After 2025's Cartel Crackdown

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    The Trump administration's 2025 designation of certain transnational drug cartels as terrorists means that banks must adapt to a narrowing margin of error in their customer screening and transaction assessments by treating financial crime prevention as a continuous and cross-enterprise concern with national security implications, says Jack Harrington at Bradley Arant.

  • How Developers Can Harness New Texas Zoning Framework

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    A Texas law introducing a new zoning framework has the potential to unlock meaningful multifamily development opportunities, but developers and their project teams should follow four steps to help identify how affected cities are interpreting and implementing the new law, says Angela Hunt at Munsch Hardt.

  • Where States Jumped In When SEC Stepped Back In 2025

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    The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.

  • 2026 Enforcement Trends To Expect In Maritime And Int'l Trade

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    The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.

  • 2026 State AI Bills That Could Expand Liability, Insurance Risk

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    State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.

  • Streamlining Product Liability MDLs With AI And Rule 16.1

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    With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.

  • USCIS Asylum Pause Could Drive Federal Mandamus Filings

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    U.S. Citizenship and Immigration Services' recent freeze on asylum applications is likely to accelerate Administrative Procedure Act unreasonable delay and writ of mandamus filings, making it important for practitioners handling such cases to familiarize themselves with the mandamus framework and evidentiary standards, says Kemal Hepsen at Mandamus Lawyers.

  • SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models

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    The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.

  • How Mamdani Will Shift NYC Employment Law Enforcement

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    Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

  • Opinion

    DHS' Parole Termination Violates APA And Due Process

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    The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.

  • 2025's Most Notable State AG Activity By The Numbers

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    State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.

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