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Public Policy
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January 28, 2026
3rd Circ. Appears Skeptical Of Quest's Early Win In 401(k) Suit
The Third Circuit on Wednesday pressed attorneys defending Quest Diagnostics Inc.'s pretrial defeat of a proposed class action from workers who alleged that their 401(k) savings were drained by underperforming investment funds, spotlighting the parties' disagreement over whether the lab company followed its own investment policy statement.
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January 28, 2026
Mich. Clears Way For High School Athletes To Earn NIL Money
High school athletes in Michigan will now be allowed to profit off their name, image and likeness after state authorities unveiled a policy change to expand and emphasize "personal branding activities" for students.
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January 27, 2026
Judiciary Panel Gets Earful On Legal Financing, Subpoenas
Plans to overhaul federal rules involving recusal and subpoenas fueled spirited debate Tuesday before a judiciary panel, as prominent lawyers outlined forceful views on transparency in third-party litigation funding as well as relaxed policies for serving court documents and obtaining trial testimony.
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January 27, 2026
Sen. Bennet Seeks To Limit ICE Powers
U.S. Sen. Michael Bennet, D-Colo., announced on Tuesday that he's working on a bill to impose more guardrails on U.S. Immigration and Customs Enforcement after two individuals were fatally shot by immigration enforcement agents over the last month in Minneapolis.
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January 27, 2026
NTSB Torches FAA In DCA Midair Collision Probe
The Federal Aviation Administration for years ignored repeated warnings of close calls and mismanaged high-volume helicopter and commercial jet traffic at one of Washington, D.C.'s busiest airports, as the National Transportation Safety Board on Tuesday flagged "systemic failures" that led to January 2025's midair collision.
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January 27, 2026
Language Access Bill Targets Trump's English-Only Order
Four members of Congress have introduced a bill that would protect language access at federal agencies for millions of people in the United States with limited English, saying an executive order by President Donald Trump declaring English as the official U.S. language wrongly minimizes multilingual services.
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January 27, 2026
Rwanda Sues UK Over Payments In Failed Migrant Deal
The Republic of Rwanda has launched international arbitration proceedings against the United Kingdom as the African nation tries to secure payment for a scrapped migrant agreement, alleging the U.K. refused to disburse remaining payments to it when the controversial deal got called off.
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January 27, 2026
EPA Says Enviro Groups Lack Standing To Fight Review Rule
The U.S. Environmental Protection Agency said the environmental groups challenging the agency's "project accounting" method for triggering air pollution review at industrial facilities lack the standing to pursue their fight, claiming that the challengers identified no harm at all from the agency's denial of their reconsideration bid.
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January 27, 2026
Work Shutdown In Sight For $16B NY-NJ Rail Tunnel Project
Officials leading construction of the $16 billion Gateway Tunnel project connecting New York and New Jersey said Tuesday that they are preparing to shut down construction next week unless the Trump administration restores funding.
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January 27, 2026
Jersey Shore Motels Fight Prom Season Rental Limits
Jersey Shore motel owners told a Garden State appellate panel on Tuesday that it should apply strict scrutiny to their argument that a municipal ordinance prohibiting anyone under the age of 21 from booking a motel room during prom season is unconstitutional.
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January 27, 2026
6th Circ. Says Ky. Social Media Law Needs Closer Look
The Sixth Circuit on Monday determined that a trial court should not have blocked a Kentucky law requiring sex offenders to use their legal names on social media, ruling a lawsuit alleging the law amounts to a violation of freedom of speech needs a more "demanding, comprehensive" review.
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January 27, 2026
Squires Cements Deshpande's Role As Top PTAB Judge
U.S. Patent and Trademark Office Director John Squires has named Kalyan Deshpande to serve as the Patent Trial and Appeal Board's chief judge.
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January 27, 2026
Texas AG Says Nurse Practitioner Is Shipping Abortion Drugs
The Texas attorney general told a state court that a Delaware-based nurse practitioner and the organization she operates have shipped abortion pills to Texas, saying Tuesday that the defendants have publicly acknowledged that they send abortion pills to the Lone Star State.
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January 27, 2026
7th Circ. Probes Firm's Oral Agreement To Fees From Fund
Two Seventh Circuit judges on Tuesday pressed a Ballard Spahr LLP attorney to address why his firm didn't secure in writing that an investment fund would foot the legal bills of one of its officers, as the law firm is arguing to the appellate court that it has a valid claim to legal fees in the fund's bankruptcy proceedings based on an oral agreement.
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January 27, 2026
Consumers Energy Seeks $42M For DOE Order Compliance
Michigan utility Consumers Energy Co. has asked the Federal Energy Regulatory Commission to let it recoup nearly $42 million in costs to comply with a controversial U.S. Department of Energy emergency order to keep a coal-fired power plant running.
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January 27, 2026
Colo. Labor Official Defends Public Union Law Constitutionality
A Colorado labor official and Gov. Jared Polis urged a federal judge Monday to toss a county's lawsuit challenging a state law expanding organizing rights for county employees, saying the law does not infringe on the First Amendment or on the federal regulation of private sector labor rights.
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January 27, 2026
CBP's Medical Care Oversight Needs Improvement, GAO Says
A report issued by the U.S. Government Accountability Office found that U.S. Customs and Border Protection sometimes failed to provide proper medical oversight for certain people in its custody, violating its own policies and guidance for medical care.
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January 27, 2026
Judge Taps Ex-CIA, Corrections Pro To Clean Up NYC's Rikers
A Manhattan federal judge on Tuesday named a former Vermont corrections commissioner and ex-CIA officer to take the reins of New York City's troubled Rikers Island jail system as a "remediation manager," after yearslong efforts to clamp down on incidents of excessive force against the jail population.
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January 27, 2026
Texas Gov. Freezes New H-1B Hiring By Agencies, Colleges
Texas Gov. Greg Abbott directed certain state agencies and public colleges Tuesday to stop sponsoring new nonimmigrant workers under the federal H-1B visa program until mid-2027, unless they have explicit permission from the state's employment agency.
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January 27, 2026
Wis. Homeowners Challenge Tribal Tax Ruling At 7th Circ.
A group of Wisconsin homeowners is asking the Seventh Circuit to revive its claims that local political jurisdictions of the Menominee Indian Tribe joined forces to increase the homeowners' tax burden, arguing a lower court was wrong to dismiss the case.
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January 27, 2026
White House Pushed To Back PTAB Rule Change Proposal
Two groups representing inventors and startups have thrown their support behind the U.S. Patent and Trademark Office's proposal to limit America Invents Act patent reviews, saying it will give patent owners certainty and also protect against foreign challenges to domestic patents.
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January 27, 2026
Investors Say Teva Can't Get Early Win In Price-Fixing Suit
Investors guided by Highfields Capital told a Connecticut federal court that Teva Pharmaceuticals can't escape their claims that its alleged collusion with other drugmakers to artificially inflate the price of generic drugs also inflated stock prices, reasoning that Teva executives falsely attributed the company's performance to factors other than the alleged price-fixing.
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January 27, 2026
Adhesive Cos. Push Back On FTC Merger Concerns
The makers of Loctite and Liquid Nails told a New York federal court that the Federal Trade Commission will be unable to show their planned $725 million merger will hurt competition for construction adhesives.
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January 27, 2026
Trump Admin's 'Irrational' Block On Wind Project Lifted
A Massachusetts federal judge on Tuesday lifted a Trump administration freeze on the nearly complete Vineyard Wind offshore energy project, saying the government had likely flouted federal law by failing to explain a "disconnect" between its stated concerns about national security and its willingness to allow completed turbines to continue operating.
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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.
Expert Analysis
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Employment Immigration Trends And Challenges For 2026
U.S. companies competing for global talent should brace for a turbulent 2026, with greater compliance burdens, higher costs and the probability of workforce disruptions at every stage of the immigration process, from visa petitions to work authorization renewals, say attorneys at Duane Morris.
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Top 5 Antitrust Issues For In-House Counsel To Watch In 2026
With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.
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Funding Haze And Deregulatory Pursuits: The CFPB In 2026
In 2025, the Consumer Financial Protection Bureau did not seek additional funding from the Federal Reserve and unwound the legacy of former bureau leadership, and this year will bring further efforts to rescind or rewrite bureau regulations, as well as a changed tone to supervision efforts, say attorneys at Covington.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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5 Trade Secret Developments To Follow In 2026
Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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How 2026 NDAA May Ease Entry To Defense Contracting
Reforms to implement a warfighting acquisition system included in the 2026 National Defense Authorization Act, signed on Dec. 18, are likely to reduce the burdens, risks and barriers that have previously impeded nontraditional defense contractors, say attorneys at Haynes Boone.
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Regulatory Rollback And Lingering Limbo: The CFPB In 2025
The Consumer Financial Protection Bureau has implemented significant changes since President Donald Trump took office in January, including dismissing actions with prejudice, withdrawing guidance and rescinding rules, casting the bureau in uncertain light heading into 2026, say attorneys at Mayer Brown.
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Nuclear Power Pitfalls And Opportunities To Watch For In 2026
Shepherding nuclear power projects to completion requires navigating more risks and obligations than almost any other infrastructure undertaking, but with the right strategies, states, developers, vendors and contractors can overcome these hurdles in 2026 and beyond, say attorneys at Squire Patton.
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2025 Calif. Banking Oversight Centered On Consumer Issues
The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.
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A 6th Circ. Snapshot: 3 Cases That Defined 2025
With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
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Sports Gambling Scrutiny Expands Risks For Teams, Leagues
The Minnesota attorney general recently sent warning letters to 14 website operators for offering what the state considers illegal online gambling, demonstrating why the sports industry, including teams and leagues, should ask critical questions about organizational compliance, internal controls and potential criminal liability, say attorneys at Stinson.
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The CFTC's Road Ahead Under Newly Confirmed Chair
Michael Selig's Dec. 18 confirmation as U.S. Commodity Futures Trading Commission chair comes at a critical juncture, as the agency is poised to gain oversight over the crypto industry and increase its jurisdictional mandate covering prediction markets, says Elizabeth Lan Davis at Davis Wright.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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SEC Rulemaking Radar: A Reset, A Shift And A Preview Of '26
With major proposals withdrawn and new priorities emerging, forthcoming U.S. Securities and Exchange Commission proposals in 2026 will look to reshape how digital assets are regulated, recalibrate market structure and simplify how small companies go public, says Christopher Grobbel at Goodwin.