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Public Policy
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February 04, 2026
'Extraordinary Circumstances': Elon Musk Faces USAID Depo
A Maryland federal judge on Wednesday said billionaire Elon Musk must testify in litigation filed by U.S. Agency for International Development employees claiming he illegally dismantled the foreign aid agency while head of the advisory organization known as the Department of Government Efficiency, saying "extraordinary circumstances justify the deposition."
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February 04, 2026
Bessent Says Card Rate Cap's Effects 'Important' To Review
U.S. Treasury Secretary Scott Bessent declined to say Wednesday whether he supports President Donald Trump's proposed 10% credit card rate cap, instead telling lawmakers that reining in credit card rewards could be a way to address cost concerns.
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February 04, 2026
Wash. Tribes Sue Feds Over $240M Of Salmon Hatchery Funds
Two tribes in Washington state have sued the National Oceanic and Atmospheric Administration and other federal agencies on claims the government unfairly told them they weren't eligible to apply for $240 million of Pacific salmon hatchery funds under the Inflation Reduction Act.
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February 04, 2026
Coinbase Sues Nev. To Block 'Unlicensed Wagering' Action
Coinbase on Wednesday sued Nevada's casino regulator, seeking to block the Silver State's bid to halt the crypto exchange's alleged offering of "unlicensed wagering" to state residents through event contracts on sports and elections until it obtains a state gaming license.
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February 04, 2026
Atty Nonprofit Claims Denver Police Withheld Discovery Info
An attorney nonprofit organization claimed the Denver Police Department is not complying with Colorado open record laws, arguing in Colorado state court that the department denied a records request seeking information about discovery that wasn't shared with defendants in hundreds of criminal cases.
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February 04, 2026
USPTO Scraps Interested Party Precedent After New Ruling
The U.S. Patent and Trademark Office has removed the precedential status of two 2019 decisions addressing the rule that patent challengers must identify all interested parties, saying they were at odds with a decision that was made precedential last year.
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February 04, 2026
Texas AG Sues County Over Immigrant Legal Defense Funding
The Texas attorney general told a state district court that Bexar County unlawfully used taxpayer dollars to fund the legal defense of unauthorized immigrants who are facing deportation proceedings, saying Wednesday the county may have allocated more than $1 million to an allegedly illegal program.
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February 04, 2026
Judge Says $40B Ligado Suit Looks 'Destined' For High Court
Network company Ligado's nearly $40 billion lawsuit accusing the government of wrongly blocking its use of a certain slice of the airwaves seems likely to eventually land in the U.S. Supreme Court, the Federal Circuit's chief judge said Wednesday.
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February 04, 2026
Squires Throws Out 23 Patent Challenges, Grants 12
The latest summary decision from U.S. Patent and Trademark Office Director John Squires denied 23 America Invents Act petitions and instituted 12 others, bringing his total number of patent challenges granted to 60.
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February 04, 2026
HPE Backs DOJ Bid For Final Merger Deal Approval
Hewlett Packard Enterprise has endorsed the Justice Department's bid for final approval of a controversial settlement permitting the $14 billion purchase of Juniper Networks, telling a California federal judge that Democratic state attorneys general have nothing but "vague and inaccurate accusations" that the deal was improper.
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February 04, 2026
Minn. Judge Skeptical Of Widespread Refugee Detention
A Minnesota federal judge on Wednesday appeared to doubt the necessity of sweeping detentions of refugees in Minnesota who have not yet secured their green cards, questioning the Trump administration's powers to return refugees to federal custody.
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February 04, 2026
CFTC Withdraws Proposal To Ban Sports, Election Contracts
U.S. Commodity Futures Trading Chair Michael Selig on Wednesday withdrew a 2024 proposed rule that would have banned trading on the outcome of elections and sporting events, saying the agency will instead float a new rule that promotes "innovation" in derivatives markets.
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February 04, 2026
Partisan Permit Reform Won't Last In Long Run, Dem Says
A Democratic member of the House Energy and Commerce Committee on Wednesday called for bipartisan reform of state and local broadband permitting laws, saying a GOP approach that excludes the other side could stymie the legislation.
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February 04, 2026
EPA Can't OK Calif. Engine Emissions Rules, 9th Circ. Told
The U.S. Environmental Protection Agency failed to determine whether California's plan to set tighter emissions rules for off-road engines warranted a Clean Air Act waiver before giving the go-ahead to the Golden State, industry groups have told the Ninth Circuit.
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February 04, 2026
US Supreme Court Won't Halt New Calif. Congressional Map
The U.S. Supreme Court will not block California's new, voter-approved congressional districts before they can be used in this year's midterm election while California Republicans appeal their previous failed bid to block the redrawn map that they argue constitutes illegal racial gerrymandering with Democratic officials "maximizing Latino voting strength."
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February 04, 2026
Clemency Was 'Broken' Long Before Trump. Can It Be Fixed?
President Donald Trump has transformed what has historically been a bureaucratic process for seeking federal pardons and commutations into a more freewheeling affair with few clear rules — and no easy solutions for reform, experts say.
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February 04, 2026
Ex-Fox News Host Decries Judge Pick's Arbitration Stance
Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration of sexual harassment and assault in the workplace, has come out against a federal judicial nominee for Louisiana for her past comments on the issue.
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February 04, 2026
3rd Circ. Asks If Death Scene Photo Row Is Privacy Matter
The Third Circuit on Wednesday pondered whether the mother of a man who jumped from a bridge to his death was entitled to privacy after a Philadelphia police officer shared a photo of the man's death scene, focusing its questioning on whether there was a reasonable expectation of privacy concerning a public death.
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February 04, 2026
NJ Panel Backs Approval Of Orthodox Girls' School Campus
A New Jersey appellate panel affirmed on Wednesday a township planning board's green light for a private Orthodox Jewish girls school campus, concluding that nearby homeowners failed to show the board acted arbitrarily, capriciously or under any improper influence when it approved the project.
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February 04, 2026
'Cop City' Protester Says He Was Arrested Over Ideology
A man who protested the construction of a police and fire training facility in the Atlanta metro area nicknamed "Cop City" has brought a lawsuit in Georgia federal court against Cobb County and two police officers, alleging he was arrested during a 2024 demonstration because of his political ideology and values.
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February 04, 2026
Minn. Tax Court Lowers Tax Value Of Recreational Lot
A vacant recreational lot in Minnesota should have its market value lowered because a mass appraisal conducted by the county was not reliable, the state Tax Court ruled.
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February 04, 2026
US To Work With Mexico, Others On Trade Of Critical Minerals
U.S. officials will coordinate efforts with Mexico, the European Union and Japan to secure critical minerals and develop trade policies around those resources, according to announcements Wednesday by the U.S. Trade Representative's Office.
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February 04, 2026
Minn. Court Denies Agricultural Tax Break For Property
A Minnesota property doesn't qualify for a lower property assessment under a Green Acres tax classification because only a small portion of the property was used for agricultural reasons, the state Tax Court ruled.
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February 04, 2026
3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial
A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to be an essential function of her position, despite the lack of a job description or written policy saying so.
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February 04, 2026
USPTO's Squires Sees TMs As Key Tool Against AI Deepfakes
U.S. Patent and Trademark Office Director John Squires pitched trademarks as one of the most practical tools for combating artificial intelligence deepfakes, saying during a Wednesday webinar that name, image and likeness rights are "where the puck is going," peppering his remarks with pop culture references and sports metaphors.
Expert Analysis
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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.
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Changes In Crypto, Cybersecurity Defined NY Banking In 2025
The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
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Opinion
Justices Should Clarify Loper Bright Doctrine Via Patent Case
The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.
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How OECD Tax Update Tackles Mobile Workforce Complexity
The Organization for Economic Cooperation and Development’s recently updated model tax convention — a recalibration of international tax principles in response to an increasingly mobile workforce — should prompt companies to reevaluate cross-border operations, transfer pricing policies and tax controversy strategies, say attorneys at Eversheds.
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Reviewing 2025's Most Pertinent Wiretap Developments
2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
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2025 Legal Milestones That Will Shape Psychedelics Sector
As 2025 draws to a close, psychedelic drug development stands at an inflection point, experiencing unprecedented momentum through recent sweeping regulatory changes and landmark clinical milestones, amid rapidly evolving regulatory expectations, say Odette Hauke at Odette Alina LLC and Kimberly Chew at Husch Blackwell.
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M&A Midmarket Shows Resilience Amid 2025 Challenges
Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.
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Del. Dispatch: Key 2025 Corporate Cases And Trends To Know
The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.