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Public Policy

February 17, 2026
Democrats Fight Asylum Turn-Back Policy At Supreme Court

A group of 26 congressional Democrats urged the U.S. Supreme Court on Tuesday to find that a currently rescinded policy to physically block asylum-seekers at the southern border violates federal immigration law, arguing Congress never intended such a statutory interpretation.
February 17, 2026
Fulton County Slams 'Unjustified' Election Records Raid

Fulton County on Tuesday again asked a Georgia federal court to order the federal government to return property that it contends was "improperly seized" by the FBI in a raid of its elections operations center last month, arguing that the federal government omitted "numerous material facts" in seeking a search warrant.
February 17, 2026
Md. Judge Bars ICE From Redetaining Kilmar Ábrego García

A Maryland federal judge Tuesday barred the Trump administration from again taking Kilmar Ábrego García into U.S. Immigration and Customs Enforcement custody, saying the administration could not "rewrite the history" of the case in pushing for his redetention.
February 17, 2026
Dismissal Of FTC Merger Rule Shows Nothing 'Broken' To 'Fix'

Some antitrust practitioners see vindication in last week's Texas federal court decision throwing out the Federal Trade Commission's premerger reporting overhaul, saying it gives credence to arguments that U.S. antitrust enforcers were trying to plug holes in merger review where there were none.
February 17, 2026
6th Circ. Refuses To Pause CDC's Puppy Import Requirements

The Sixth Circuit has refused to block a Centers for Disease Control and Prevention rule requiring dogs to be at least six months old and microchipped before they can be imported, holding that a hunting and fishing alliance likely won't be able to show that the CDC lacked the authority to issue the rule.
February 17, 2026
NC Town Files Latest PFAS Suit Against 3M, DuPont

A Tar Heel State municipality has accused 3M, DuPont, Chemours and more than a dozen other chemical and firefighting‑foam manufacturers of concealing risks and environmental contamination from per- and polyfluoroalkyl substance (PFAS)‑laden foam used at the town's fire training facility in a lawsuit filed in North Carolina state court.
February 17, 2026
Goldstein Tax Trial Heads To Closing Args As Defense Rests

Jurors in SCOTUSblog founder Thomas Goldstein's tax fraud trial will hear closing arguments Wednesday, after the final two witnesses in the monthlong proceeding took the stand, and new emails regarding Goldstein's efforts to conceal poker debts came to light Tuesday.
February 17, 2026
States Hit Discovery Roadblocks In HPE Merger Fight With DOJ

A California federal judge mostly sided with the Justice Department on Tuesday on the latest discovery disputes in state attorneys general's challenge to a DOJ settlement greenlighting Hewlett Packard Enterprise's $14 billion Juniper acquisition, ruling that HPE doesn’t need to reveal who's bidding for divested assets, and refusing to delay deadlines.
February 17, 2026
Okla. Officials Look To Toss Creek Nation's Hunting Suit

A special prosecutor for Oklahoma's governor and the state's wildlife conservation director have asked a federal court judge to throw out the Muscogee Creek Nation's hunting rights lawsuit, saying the tribe has gone along with state hunting regulations for more than a century.
February 17, 2026
Waste Co. Republic Sued Over Alleged Seattle River Pollution

Waste management company Republic Services was hit with a Clean Water Act lawsuit in Washington federal court Friday by an environmental watchdog group for allegedly releasing polluted water from an industrial site near Seattle's Duwamish River.
February 17, 2026
AI's Needs Outpace Broadband Infrastructure, Report Says

The "artificial intelligence boom" is going to mean slower internet speeds for consumers if Congress doesn't do something to make commercial spectrum less scarce, according to a new report from a conservative-leaning policy group.
February 17, 2026
OCC Floats New Appeals Board To Hear Bank Exam Disputes

The Office of the Comptroller of the Currency is moving to overhaul its internal appeals process for banks, pitching a new review board and other changes that could make challenges to examiner findings more common and more likely to succeed.
February 17, 2026
CFTC Backs Prediction Markets In 9th Circ. Fight With Nevada

U.S. Commodity Futures Trading Commission Chair Michael Selig told state gaming regulators Tuesday that he intends to defend his agency's "exclusive jurisdiction" over prediction markets, starting with a brief to the Ninth Circuit backing Crypto.com in an ongoing brawl with Nevada regulators over its sports wagers.
February 17, 2026
Colo. Utility Advocates Dispute Energy Financing Program

The Colorado Office of the Utility Consumer Advocate, or UCA, claimed in Colorado state court Friday that a recent decision to approve a tariffed on-bill financing program to help customers purchase energy efficiency upgrades violates state law.
February 17, 2026
FCC Investigating Possible Lifeline Fraud In Calif., Beyond

Lifeline providers in states that were allowed to opt out of the federal verification process might soon find themselves in the hot seat, as the Federal Communications Commission revealed Tuesday it has launched investigations into certain providers from three states.
February 17, 2026
Wash. Governor Demands Changes To Millionaires' Tax Bill

A proposal for a nearly 10% tax on income above $1 million that has passed the Washington state Senate is a good start, but it needs significant changes before it gets his signature, Democratic Gov. Bob Ferguson said Tuesday.
February 17, 2026
No Need To Reopen Asbestos Suit, Insurance Exchange Says

An insurance exchange for the trucking industry has told a California federal judge he does not need to reopen its case against a group of reinsurers as the parties battle whether to remove a "side-switching" arbitrator, explaining that a New York state court will likely rule soon on the issue.
February 17, 2026
Judge Trims Moderna's Defenses In COVID Patent Suit

A federal judge sitting in Delaware on Tuesday ruled that Moderna could not use obviousness to defend itself from patent claims brought by a rival vaccine developer since it already used that as a defense in related Patent Trial and Review Board proceedings, saying that Moderna had offered expert opinions to support a defense that the patents don't sufficiently teach about the claimed invention.
February 17, 2026
Harvard Beats Suit By Prof Denied Tenure After Viral Incident

Harvard University scored a pretrial win Tuesday in a Massachusetts state court suit brought by a professor who said the school wrongly denied him tenure after several incidents, including emails to a Chinese restaurant over a $4 overcharge that went viral.
February 17, 2026
9th Circ. Clears Way For Nev. Gaming Action Against Kalshi

The Ninth Circuit on Tuesday denied Kalshi's request to keep its sports event contracts safe from Nevada gaming regulators, clearing the way for the state to bring a civil enforcement action against the online trading platform.
February 17, 2026
FCC's Equal Time Stance Blasted As Colbert Tanks Interview

Progressives called the Federal Communications Commission's rollout of equal-time policies against late-night talk shows slanted after Stephen Colbert blamed the FCC for being forced to move an interview with a Democratic Senate candidate off the air.
February 17, 2026
DOJ Cites Gun Ban For Mentally Ill In Cannabis User Case

The U.S. Department of Justice told the Eighth Circuit not to excuse a man's conviction for possessing a firearm while being an unlawful cannabis user, arguing federal law limiting his rights is constitutional since it's analogous to historical laws preventing the mentally ill or dangerous drunkards from owning guns.
February 17, 2026
Union Foe Can't Fight Ore. Impostor Ban, Court Told

Accepting a conservative think tank's challenge to an Oregon law that threatens fines for impersonating public-sector unions would clash with decades of precedent on the state's exposure to enforcement challenges, a union attorney said Tuesday in arguments on its bid to toss the suit.
February 17, 2026
Judge Rips Drugmakers' Borderline 'Disingenuous' Appeal Bid

A Connecticut federal judge has rejected generic-drug makers' request for a quick appeal of his ruling denying them summary judgment on states' claims they engaged in an "overarching conspiracy" to fix prices, slamming the request for being borderline "disingenuous," mischaracterizing his reasoning and ignoring direct evidence of alleged wrongdoing.
February 17, 2026
Ga. Panel Says Union Shorted Cop's Defense Over Shooting

A Georgia appellate panel on Tuesday upheld a trial court's ruling that a police union breached its contract with a former Atlanta officer by failing to furnish him with legal representation after a high-profile shooting, clearing the way for the case to proceed to trial.

Expert Analysis

Series

Nature Photography Makes Me A Better Lawyer

Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
2025 Brought A New Paradigm For Federal Banking Regulation

A series of thematic shifts defined banking regulation in 2025, including a fundamental reform of prudential supervision, a strategic easing of capital constraints, steps to streamline merger reviews, and a new framework for fair access and entrants seeking to offer banking services, say attorneys at Simpson Thacher.
What 2025 Transpo And Logistics Legal Trends Mean For 2026

2025 was challenging for the transportation and logistics sector, with emergent trends including dramatic federal policy shifts, developments in tort risk, and a host of mergers and acquisitions — but a review of these themes offers a useful playbook for where the industry is headed in 2026, says Jonathan Todd at Benesch.
How Cos. Can Roll With NY's New Algorithmic Pricing Rules

Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
2025 State AI Laws Expand Liability, Raise Insurance Risks

As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
Series

Law School's Missed Lessons: Practical Problem Solving

Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
Crypto In 2025: From Federal Deregulation To State Action

The cryptocurrency enforcement landscape evolved in 2025, marked by federal deregulatory trends and active state attorney general enforcement, creating both opportunity and risk for businesses navigating the digital asset market, say attorneys at Cozen O'Connor.
How CFTC Enforcement Shifted In 2025 And What's Next

The U.S. Commodity Futures Trading Commission pivoted sharply under acting Chairman Caroline Pham in 2025, resulting in a pared-back enforcement docket, sweeping policy changes intended to provide greater transparency, and a renewed focus on fraud prevention and maintaining market integrity for the CFTC's core markets, say attorneys at Moore & Van Allen.
Learning From 2025 FCA Trends Targeting PE In Healthcare

False Claims Act enforcement trends and legislative developments from this year signal intensifying state and federal scrutiny of private equity's growing footprint in healthcare, and the urgency of compliance, says Lisa Re at Arnold & Porter.
Reviewing 2025's State And Federal AI Regulations

In light of increasing state and federal action to oversee the use of artificial intelligence, companies that develop or deploy the technology should keep abreast of current and forthcoming AI laws and consider their applicability to their business activities, says Jessica Brigman at Spencer Fane.
Software Patents May Face New Eligibility Scrutiny

November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.
What Trump Order Limiting State AI Regs Means For Insurers

Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.
Opinion

A Uniform Federal Rule Would Curb Gen AI Missteps In Court

To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
Investment Advisers Should Stay Apprised Of New AI Risks

The U.S. Securities and Exchange Commission's recently issued annual examination priorities reiterate a host of regulatory implications for investment advisers using artificial intelligence tools, highlighting that meaningful ongoing due diligence can help mitigate both operational and regulatory surprises amid AI's rapid evolution, says Christopher Mills at Sidley.
New Rule Shows NRC Willing To Move Fast To Reform Regs

The Nuclear Regulatory Commission’s decision to forgo public comment and immediately rescind certain rules governing adjudicatory procedures, federal tort claims and disclosure of licensee information signals the agency's intent to accelerate the regulatory streamlining efforts ordered by the president this spring, say attorneys at Morgan Lewis.