Public Policy

  • February 12, 2026

    EPA Targets High Court Do-Over With GHG Rule Repeal

    The Trump administration's removal of the link between greenhouse gases and public health takes aim at the U.S. Supreme Court's 2007 landmark determination that GHGs are air pollutants, and will spark a prolonged battle with consequent uncertainty for industries.

  • February 12, 2026

    Affairs, Spending Come Out In Goldstein Cross-Examination

    SCOTUSblog founder Thomas Goldstein was confronted Thursday with allegations of extramarital affairs, lavish spending and lies on asset disclosures, all in front of the jury in his ongoing tax fraud trial.

  • February 12, 2026

    5th Circ. Upholds Texas Ban On Compensated Vote Harvesting

    The Fifth Circuit on Thursday reinstated enforcement of Texas' felony ban on compensated vote harvesting, saying that hypothetical scenarios are not enough to claim that a law is unconstitutional.

  • February 12, 2026

    US Sets 15% Tariff On Taiwanese Imports In Trade Deal

    Taiwan has agreed to lift nearly all of its tariffs on U.S. imports and pledged to purchase nearly $85 billion in American goods in exchange for a 15% tariff on Taiwanese goods, according to a reciprocal trade deal signed Thursday.

  • February 12, 2026

    DC Judge Skeptical Funding Lapse Settles ICE Visit Policy Row

    A D.C. federal judge considered Thursday whether the U.S. Department of Homeland Security permissibly used a funding gap to freshen up a policy requiring a week's notice for congressional oversight visits, or if a longstanding spending rider prohibits the move.

  • February 12, 2026

    7th Circ. Takes Up BIPA Amendment's Retroactivity

    The Seventh Circuit heard arguments Thursday over whether a liability-limiting amendment to Illinois' biometric privacy law has retroactive application to lawsuits filed before it took effect, with one judge on the panel saying it seemed like "billions of dollars of consequences turn on how we label the change."

  • February 12, 2026

    Challenge To 3D-Printed Gun Law Fails, 3rd Circ. Rules

    The First Amendment does not protect the distribution of "purely functional code" that would allow for the 3D printing of guns, the Third Circuit ruled Thursday, ending a challenge to a New Jersey law from a Texas-based firearm company and a gun rights group.

  • February 12, 2026

    IRS Guidance Offers Relief In Energy Credits' Sourcing Limits

    The IRS issued interim guidance Thursday providing two safe harbor options for clean energy facilities or manufacturers of energy components to determine the extent to which they received material assistance from an entity tied to a foreign government that the U.S. deems adversarial.

  • February 12, 2026

    Row Over Forensic Expert Testimony Hits NC High Court

    Prosecutors are urging North Carolina's highest court to uphold a drug conviction thrown out on appeal, saying an appellate court deemed a key forensic expert's trial testimony unconstitutional using a flawed interpretation of the U.S. Supreme Court's 2024 decision in Smith v. Arizona.

  • February 12, 2026

    SEC's Atkins Rejects Top Dem's Crypto Corruption Claims

    U.S. Securities and Exchange Commission Chairman Paul Atkins on Thursday pushed back on claims his agency dropped against cryptocurrency firms as a political favor to President Donald Trump, telling Senate Democrats a "changed attitude" by the commission led to the dismissals.

  • February 12, 2026

    12 Questions For FCC Chair Brendan Carr

    It's been a "banger" of a year at the Federal Communications Commission, says agency chief Brendan Carr, who took over at the outset of President Donald Trump's second term with the goal of cutting regulations and quickly turning over more spectrum to the private sector.

  • February 12, 2026

    Wash. Justices To Hear Gym's Suit Over COVID-Era Inspection

    Washington's highest court will review an appellate ruling that state labor department inspectors violated an Anytime Fitness owner's reasonable expectation of privacy when they tailgated a gym member who used a key card to enter the facility during the COVID-19 pandemic, when businesses were supposed to be shuttered.

  • February 12, 2026

    DC Judge Won't Bow To DOJ, Public Criticism On TPS Ruling

    A D.C. federal judge who said she has been receiving threats and personal insults after she temporarily blocked the Trump administration from terminating Temporary Protected Status for Haitians refused to pause her ruling, saying judges will not be intimidated by public threats.

  • February 12, 2026

    Bipartisan Bill Targets Scam Ads On Social Media Platforms

    Federal lawmakers are pushing to require social media companies to crack down on fraudulent advertising on their platforms under new bipartisan legislation that is drawing praise from banking and consumer groups.

  • February 12, 2026

    Trump Admin EV Funding Cuts Suits Merged In Wash. Court

    A Washington federal judge has consolidated two lawsuits seeking to stop the Trump administration from preventing nearly $2.5 billion in congressionally appropriated funds from going to electric vehicle charging infrastructure programs.

  • February 12, 2026

    HPE Has 'No Grounds' To Hide DOJ Deal Bidders, AGs Say

    Democratic attorneys general challenging the controversial Justice Department settlement permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks have urged a California federal judge to let them see who's bidding for assets up for divestiture, arguing the would-be buyers are an integral part of the agreement's viability.

  • February 12, 2026

    Tesla Says Case Transfer Boosts Mandamus Bid In PTAB Fight

    A Texas federal judge's decision to send patent infringement litigation against Tesla Inc. to California strengthens the automaker's mandamus petition claiming the Patent Trial and Appeal Board wrongly turned away its challenges, Tesla told the Federal Circuit.

  • February 12, 2026

    DC Circ. Judge Rips Into Insurer In CMS Rating Case

    A Louisiana insurer found a tough critic in one D.C. Circuit judge Thursday as it argued that the Centers for Medicare & Medicaid Services used an unfair method to assess its "star ratings" for insurance plans, with the jurist saying the company seemed like it "just wanted whatever interpretation will give you a higher score."

  • February 12, 2026

    Airbnb Escapes Most Of Conservative Investors' Suit

    A Delaware federal judge on Thursday trimmed claims from two institutional shareholders' suit alleging Airbnb wrongfully excluded their shareholder proposals from proxy materials, nixing claims against specific executives and claims about not-yet-released 2026 proxy materials.

  • February 12, 2026

    FTC's PBM Case Paused For More Deal Talks

    Federal Trade Commission staffers are discussing potential settlements with OptumRx and Caremark that could end the agency's case accusing the pharmacy benefit managers of inflating insulin prices, following a recent deal with Express Scripts.

  • February 12, 2026

    Fla. Court Tosses 'King Of Vape' Suit Against NY Post

    A Florida federal court dismissed a defamation complaint that a store owner operating as "The King of Vape" brought against the New York Post over an article referring to him as an "Israel hater" who aided Hamas and also sold illegal nicotine products, saying claims weren't sufficiently alleged.

  • February 12, 2026

    Hegseth Blocked From Reducing Sen. Kelly's Navy Rank

    Sen. Mark Kelly, D-Ariz., secured a court order on Thursday blocking Defense Secretary Pete Hegseth from reducing his U.S. Navy rank after he told members of the military they don't have to follow unlawful orders.

  • February 12, 2026

    GOP Lawmakers Probe CalPERS's 'Radical' ESG Investments

    The chair of the House Education and Workforce Committee and two other Republican lawmakers sent a letter Thursday to California's largest public pension fund, demanding information on whether it prioritized "radical left-wing causes" over protecting retirement savers.

  • February 12, 2026

    Mass. US Atty Calls ICE Criticism 'Hyperbole,' Praises Agents

    Massachusetts U.S. Attorney Leah B. Foley said Thursday that criticism of U.S. Immigration and Customs Enforcement by state and local officials and a lack of cooperation with federal agents is to blame for "chaos in the streets," as she forcefully defended the Trump administration's policies.

  • February 12, 2026

    Colo. City Faces Bias Suit For 'Sober Living' Housing Policy

    The city of Longmont, Colorado, discriminated against individuals recovering from substance abuse by requiring a private recovery housing provider to undergo a site plan approval process that others are not subjected to, the recovery residence provider alleged in federal court.

Expert Analysis

  • Opinion

    It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs

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    The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.

  • Opportunities Amid The Challenges Of Trump's BIS Shake-Up

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    The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.

  • How SEC Civil Penalties Became Arbitrary: The Data

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    Data regarding how the U.S. Securities and Exchange Commission has adhered to its own civil penalty rules over the past 20 years reveals that awards are no longer determined in accordance with the guidelines imposed on the SEC by the securities laws, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • OCC's New Fee Clearance Shows Further Ease Around Crypto

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    The Office of the Comptroller of the Currency's recent holding that banks can use crypto-assets to pay certain blockchain network fees shows that the OCC is further warming to the idea that organizations are using new methods to do "the very old business of banking," say attorneys at Jones Day.

  • How SEC Civil Penalties Became Arbitrary: The Framework

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    An examination of how the U.S. Securities and Exchange Commission has recently applied guidelines governing the imposition of monetary penalties in enforcement actions shows that civil penalty awards in many cases are inconsistent with the rules established to structure them, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Opinion

    Faulty Legal Assumptions Obscure Police Self-Defense Law

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    As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

  • Why 2026 Could Be A Bright Year For US Solar

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    2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.

  • 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

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    In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

  • What Productivity EO May Mean For Defense Industrial Base

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    President Donald Trump’s recent executive order barring stock buybacks and dividend payments by "underperforming" defense contractors represents a significant policy shift from traditional oversight of the defense industrial base toward direct intervention in corporate decision-making, say attorneys at Holland & Knight.

  • What's New In ISS' Benchmark Voting Policy Updates For 2026

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    Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • AG Watch: Calif. Fills Federal Consumer Protection Void

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    California's consumer protection efforts seem to be intensifying as federal oversight wanes, with Attorney General Rob Bonta recently taking actions related to buy now, pay later products, credit reporting and medical debt, consumer credit discrimination, and the use of artificial intelligence in consumer services, say attorneys at Cooley.

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