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Public Policy
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February 23, 2026
NJ Statehouse Catch-Up: Family Leave, PFAS, Farmland Tax
In his final days as New Jersey governor, Phil Murphy was busy signing a slew of measures reforming existing legislation as well as bills aimed at breaking new ground.
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February 23, 2026
W.Va. Judge Says Masked ICE Arrest Was Unconstitutional
A West Virginia federal judge ordered the Trump administration to release a detained El Salvadoran man, ruling the government violated his rights by allowing masked agents to arrest him and then keeping him in its custody without a bond hearing.
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February 23, 2026
Feds Look To Nix Tribes' $23B Boarding School Dispute
The Interior Department is seeking to dismiss a proposed class action lawsuit that would require the U.S. to account for how much of an estimated $23 billion spent on past Indian boarding school programs was tribal money, saying there is no law that requires it to undertake such an effort.
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February 23, 2026
FirstNet Renewal Gains Backing From Slew Of Groups
More than 70 emergency response groups are backing plans for a congressional re-up of the First Responder Network Authority ahead of its slated sunset a year from now, the bill's supporters said Monday.
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February 23, 2026
Senate Dems Aim To Require Refunds Of Illegal Trump Tariffs
Senate Democratic lawmakers introduced legislation Monday to require the federal government to issue refunds to importers for duties paid that were imposed by President Donald Trump under the International Emergency Economic Powers Act, following the U.S. Supreme Court's ruling deeming those measures unlawful.
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February 23, 2026
Live Nation Wants To Appeal DOJ Antitrust Case Now
Live Nation Entertainment Inc. is asking a New York federal court for permission to immediately appeal last week's ruling that teed-up several claims for trial early next month in the monopolization case being brought by the U.S. Department of Justice and state enforcers.
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February 23, 2026
Justices Won't Hear Challenge To Minn. Union Meeting Ban
Mandatory anti-union meetings will continue to be illegal in Minnesota, as the U.S. Supreme Court said Monday that it won't resurrect an employer group's challenge to the ban.
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February 23, 2026
EU Lawmakers Delay Vote On US Trade Deal Amid Uncertainty
The European Parliament agreed Monday to postpone a vote on the bloc's trade deal with the U.S. as lawmakers were unclear on whether new tariffs violate its terms, though the White House told Law360 the levies won't breach the agreed maximum rate on the European Union.
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February 23, 2026
N.M. Lawmakers Clear Bill To Tamp Down Broadband Cost
New Mexico legislators have passed a measure to reduce the cost of broadband connectivity for low-income residents through a state-run fund for universal telecom service.
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February 23, 2026
States Back Challenge To IRS' Nix Of Wind, Solar Safe Harbor
Sixteen Democratic-led states are backing a legal challenge to an Internal Revenue Service notice eliminating a safe harbor test that large wind and solar projects could use to qualify for clean energy tax credits.
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February 23, 2026
US Customs To Wind Down Illegal Tariff Collection Tuesday
U.S. Customs and Border Protection will stop collecting the tariffs President Donald Trump imposed under the International Emergency Economic Powers Act beginning at midnight Tuesday, according to guidance sent late Sunday.
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February 23, 2026
Justices Decline Cannabis Dormant Commerce Clause Case
The U.S. Supreme Court on Monday declined to review a case asking it to consider whether Maryland's marijuana social equity licensing program unconstitutionally discriminated against out-of-state entrepreneurs.
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February 23, 2026
Hemp Seller Says Virgin Islands Illegally Took Hemp
A hemp retailer is suing the U.S. government and agencies of the U.S. Virgin Islands in federal court, alleging that they raided the retailer and seized hemp products without a warrant and despite the products being legal at the time.
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February 23, 2026
How Greenberg Thinks Tariff Ruling Could Affect Dealmaking
The U.S. Supreme Court's ruling invalidating IEEPA-based tariffs gave dealmakers clarity on how to pursue potential refund rights in mergers and acquisitions, but President Donald Trump's swift announcement of new global tariffs has immediately reintroduced dealmaking uncertainty.
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February 23, 2026
JPMorgan Asks To Send Trump's $5B Debanking Suit To NY
JPMorgan Chase has formally requested to move President Donald Trump's $5 billion debanking lawsuit from Florida to New York federal court, arguing that the terms governing the president's now-closed accounts require the case to be litigated there.
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February 23, 2026
Tenant Screener Didn't Hinder Disabled Man, 2nd Circ. Says
A company that screens potential tenants' criminal and credit histories on behalf of landlords cannot be held liable under the Fair Housing Act for blocking a disabled man from moving in with his mother because it did not actually make the housing decision, a Second Circuit panel held in a precedent-setting opinion.
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February 23, 2026
Justices Pass On Va. Voting Rights Restoration Case
The U.S. Supreme Court on Monday declined to hear a challenge to Virginia's voting rights restoration system for people with felony convictions, leaving in place a Fourth Circuit decision that upheld the system as constitutional.
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February 23, 2026
Debt Services Firm Challenges Connecticut Banking Penalties
An Illinois company that provides administrative services to debt adjusters has sued the Connecticut Department of Banking, challenging an administrative order to make restitution to Constitution State customers and potentially pay up to $100,000 for each alleged violation of debt adjustment and money transmission licensing rules.
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February 23, 2026
Wash. Ranch Asks High Court To Undo Tribal Immunity Order
A Washington cattle ranch is asking the U.S. Supreme Court to reverse an order that dismissed its challenge over rights to a parcel of land along the Stillaguamish River, arguing that the immovable-property rule's application to tribal sovereign immunity is an issue of federal law that should be settled.
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February 23, 2026
Amherst Residential Legal Head Joins Morgan Lewis In DC
The former head of legal at The Amherst Group's residential affiliate has joined Morgan Lewis & Bockius LLP as a partner in its Washington, D.C., office, where he will focus on securitization, asset management and corporate finance legal matters, the firm announced Monday.
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February 23, 2026
2nd Circuit Chief Judge To Take Senior Status
Chief Judge Debra Ann Livingston of the Second Circuit will take senior status over the summer, giving President Donald Trump another appellate seat to fill.
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February 23, 2026
IRS Updates Timeline On Retirement Plan Min. Distributions
The Internal Revenue Service updated its guidance Monday on the timing of required minimum distributions from several types of individual retirement accounts that were amended by a 2022 retirement savings law.
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February 23, 2026
NM Legislators OK Property Tax To Pay Bonds, Interest, Costs
New Mexico would authorize the imposition of a property tax to repay principal, interest and costs for state-issued bonds under a bill unanimously approved by state lawmakers and headed to the governor.
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February 23, 2026
RI Officials Seek Dismissal Of Cannabis Licensing Suit
Rhode Island's state cannabis regulator is urging a federal court to throw out a suit challenging its social equity licensing scheme, saying the plaintiff lacks standing because his application was not denied for the reasons he's challenging.
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February 23, 2026
Justices Deny Review Of Consultancy's $5M SBA Loan Suit
The U.S. Supreme Court on Monday let stand a lower court ruling that found a risk management firm's $5 million loan did not qualify for debt relief from the U.S. Small Business Administration during the COVID-19 pandemic.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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How To Turn EU AI Act Disclosures Into Patent Assets
As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.
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The Law Firm Merger Diaries: Leadership Strategy After Day 1
Ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.
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The Challenges Of Detecting Event Contract Manipulation
While concerns about possible manipulation and insider trading in event contracts have increasingly been raised by market observers, distinguishing a speculative position from a hedge and effective surveillance make regulation difficult, particularly as the U.S. Commodity Futures Trading Commission argues for exclusive jurisdiction to do so, say economic consultants at the Brattle Group.
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How US Liability Law Is Becoming The Primary Regulator Of AI
Comprehensive federal AI regulation remains fragmented and uncertain — but U.S. courts, applying long-standing doctrines of liability and responsibility, are actively shaping how AI systems are designed, deployed and governed, and companies are aligning their AI practices because courts may hold them accountable if they do not, says Alexander Lima at Wesco International.
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How New HSR Thresholds, Fees Could Affect Enforcement
While the Federal Trade Commission's new thresholds and filing fees for the Hart-Scott-Rodino Antitrust Improvements Act are not expected to materially affect the number of required HSR filings, or the percentage or focus of second requests, increased filing fees may give agencies dedicated resources to bring enforcement actions, say attorneys at Sidley.
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Methods For Challenging State Civil Investigative Demands
Ongoing challenges to enforcement actions underscore the uphill battle businesses face in arguing that a state investigation is prohibited by federal law, but when properly deployed, these arguments present a viable strategy to resist civil investigative demands issued by state attorneys general, say attorneys at Troutman Pepper.
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Monetizing EV Charging Stations For Long-Term Success
An electric vehicle charging station's longevity hinges on monetizing operations through diverse revenue streams, contractual documentation of charge point operators' and site hosts' rights and responsibilities, and ensuring reliability and security of facilities, says Levi McAllister at Morgan Lewis.
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Calif.'s Civility Push Shows Why Professionalism Is Vital
The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
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A Potential Shift In FDA's Approach To Drug Trial Design
Recent guidance released by the U.S. Food and Drug Administration clarifying how Bayesian approaches — which combine prior knowledge with new data — may be used in clinical trials reflects the agency's continued interest in innovative trial designs that may accelerate drug approvals, say attorneys at Alston & Bird.
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US-Ukraine Reconstruction Fund Tax Exemptions Uncertain
Tax provisions in the bilateral agreement to establish the U.S.-Ukraine Reconstruction Investment Fund, which recently announced it is accepting applications, are so broad and imprecise as to leave uncertainty regarding whether and when tax exemptions will apply to investors' income, say attorneys at Avellum and Debevoise.
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Opinion
SNAP Rule Confusion Risks A Compliance Crisis
Recent Supplemental Nutrition Assistance Program food restriction waivers pose a compliance crisis for legal practitioners advising food retailers, amid higher costs and lack of a coherent national standard, says Tyson-Lord Gray at Yeshiva University’s Benjamin N. Cardozo School of Law.
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Locations, Permits And Power Are Key In EV Charger Projects
To ensure the success of public electric vehicle charging infrastructure projects, developers, funders, site hosts and charge point operators must consider a range of factors, including location selection, distribution grid requirements and costs, and permitting and timeline impacts, says Levi McAllister at Morgan Lewis.
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Should Prediction Markets Allow Trading On Nonpublic Info?
Recent trading activity, such as the Polymarket wager on the U.S. capture of Venezuelan President Nicolás Maduro, has raised questions about whether some participants may be engaging in trading that is based on material nonpublic information, and highlights ongoing uncertainty about how existing derivatives and anti-fraud rules apply to event-based contracts, say economic consultants at the Brattle Group.
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NLRB May Not See Employer-Friendly Changes Anytime Soon
Despite the long-awaited confirmation of a new National Labor Relations Board general counsel and two new board members, slower case processing, the NLRB's changing priorities and an unofficial rule about a three-member majority may prevent NLRB precedent from swinging in businesses' favor this year, says Jesse Dill at Ogletree.
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FCC Satellite Co. Action Starts New Chapter For Team Telecom
The Federal Communications Commission's recent settlement with satellite company Marlink marks a modest but meaningful step forward in how the U.S. regulates foreign involvement in its telecommunications sector, proving "Team Telecom" conditions are not limited to companies with substantial foreign ownership, says attorney Sohan Dasgupta.