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Public Policy
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January 12, 2026
The Curious, Very Long Delay In A Pioneering Drug Prices Suit
When Merck & Co. launched a fiery challenge to Medicare's landmark drug price negotiations, it blazed a trail for many similar suits. But 31 months later, the challenge is stalled where it started as Merck begs for a ruling, other suits speed along the path it created and huge costs now seem unavoidable.
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January 12, 2026
Attorneys Chastened By Fed. Circ.'s ITC Mixed Deadline Ruling
A Federal Circuit decision concluding that certain mixed rulings from the U.S. International Trade Commission can generate different appeal deadlines, even when issued in the same document, is a reminder of just how strict courts can be when handling unclear appeal due dates, attorneys told Law360.
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January 12, 2026
Trial Opens In Gerrymandering Claims On 4 Fla. Districts
The coalition of civic groups and Florida residents claiming new congressional and state legislative maps are racially gerrymandered opened their case Monday against the state, putting on an expert witness who proffered alternative maps for the challenged districts.
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January 12, 2026
CFPB, DOJ Revoke Lender Guidance On Anti-Immigrant Bias
The Trump administration is withdrawing Biden-era guidance from the Consumer Financial Protection Bureau and U.S. Department of Justice that cautioned lenders about refusing to provide credit to immigrant borrowers, saying it believes the withdrawal clarifies that lenders may legally consider immigration status under several circumstances.
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January 12, 2026
FirstEnergy Investors Again Push For Class Cert. In Bribe Suit
FirstEnergy Corp. investors have renewed their bid for class certification in Ohio federal court after the Sixth Circuit decertified the class and finding that the district court applied the wrong legal standard, in a case accusing the utility company of bribing Ohio officials to secure a $1 billion bailout of a pair of nuclear plants.
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January 12, 2026
The Issues That Could Decide The Tom Goldstein Tax Case
Federal prosecutors are set to begin making their case against famed U.S. Supreme Court lawyer and SCOTUSblog founder Tom Goldstein at trial Wednesday, alleging that he deliberately hid millions of dollars in high-stakes poker winnings from the Internal Revenue Service between 2016 and 2021 and lied on mortgage applications.
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January 12, 2026
CFTC Chair Taps Kalshi, Polymarket CEOs To Advisory Panel
The new chair of the U.S. Commodity Futures Trading Commission on Monday said he plans to nominate leaders of prediction market platforms including Polymarket to serve as charter members of a new advisory committee, a day after congressional Democrats pressed him to respond to manipulation threats in the event contract markets.
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January 12, 2026
States Fight USDA's Renewed Effort To Cut SNAP Benefits
A coalition of states has asked a California federal judge to enforce an injunction blocking the U.S. Department of Agriculture from withholding funding from states refusing to share sensitive personal information on food assistance benefit recipients, saying the Trump administration has once again threatened to withhold the funding.
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January 12, 2026
Trump Order's Vote-By-Mail Limits Are Unlawful, Judge Rules
A federal judge in Seattle has barred the Trump administration from enforcing key sections of a March executive order on elections, ruling that the government cannot compel Washington and Oregon to change state deadlines for mail-in ballots or use federal forms requiring proof of citizenship.
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January 12, 2026
Kelly Sues Hegseth Over Alleged Retaliation For Remarks
Sen. Mark Kelly, D-Ariz., sued Defense Secretary Pete Hegseth Monday, urging a D.C. federal court to declare unlawful Hegseth's attempt to reduce the lawmaker's Navy rank over statements reminding service members of their obligation to disregard unlawful orders.
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January 12, 2026
5th Circ. Urged Again To Find FCC Subsidy Regime Unlawful
A conservative think-tank has again launched a Fifth Circuit legal challenge to the federal government's fee regime used to pay for telecommunications subsidies, less than a year after the U.S. Supreme Court upheld the funding arrangement's constitutionality.
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January 12, 2026
House Passes Bill To Double Ch. 7 Trustee Fee
A bipartisan bill doubling the fixed per-case fees for Chapter 7 trustees is headed to President Donald Trump for a signature, after the U.S. House of Representatives passed it Monday night.
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January 12, 2026
Water District Sues Lakewood Over Rezoning Plan
A Colorado water and sanitation district has accused the city of Lakewood in state court of passing a comprehensive development plan that current water infrastructure capacity would be unable to accommodate, and says it did so without prior consultation, in violation of Colorado statute.
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January 12, 2026
Senate Ag Panel Punts Crypto Markup As Banking Pushes On
Senate Agriculture Committee Chairman John Boozman, R-Ark., said Monday that he's delaying a markup on a forthcoming crypto market structure proposal to the end of the month to accommodate further bipartisan negotiations, while the Senate Banking Committee said it still intends to hold its own markup.
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January 12, 2026
Trade Court OKs Commerce's Chinese Solar Duty Calculation
The U.S. Court of International Trade sustained the government's revisions to underlying calculations for its antidumping duty administrative review of Chinese solar cells, according to a recent opinion.
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January 12, 2026
10th Circ. Vacates Sex Conviction Over Indian Status Question
A New Mexico man sentenced to 30 years in prison for sexually abusing an American Indian girl had his conviction vacated Monday by a Tenth Circuit panel that determined prosecutors failed to prove the man was not himself Native American, a key element under the statute invoked in his case.
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January 12, 2026
Illinois, Minnesota Sue Trump Admin Over DHS Deployments
Illinois and Minnesota sued the Trump administration Monday over the deployment of Border Patrol agents into their respective states, saying their unauthorized use of aggressive border tactics for interior immigration enforcement has violated their constitutional sovereignty, damaged their local economies and caused their residents physical and emotional harm.
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January 12, 2026
Trump Says 25% Tariff Incoming For Iranian Biz Dealings
Any country with economic ties to Iran could face a 25% tariff immediately on their goods exported to the U.S., President Donald Trump said Monday on social media.
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January 12, 2026
Ørsted And AGs Win Bid To Resume Revolution Wind Project
A federal judge on Monday authorized construction to continue on the Revolution Wind project meant to power 350,000 New England homes, lifting a second stop-work order imposed by the Trump administration while litigation plays out.
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January 12, 2026
High Court Declines To Hear Michigan Tax Foreclosure Case
The U.S. Supreme Court declined Monday to hear a property owner's case alleging that a Michigan county improperly kept the excess proceeds of her tax-foreclosed home sale.
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January 12, 2026
NJ Gov. Extends Jury Service To 350K Formerly Incarcerated
New Jersey Gov. Phil Murphy has signed an executive order that restores the right to serve on state juries to more than 350,000 state residents with criminal convictions who have completed their sentences.
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January 12, 2026
Prison Phone Co. Appealing New Rate Rule In DC Circ.
A Texas-based prison phone provider is challenging the Federal Communications Commission's order regulating prison call rates and prohibiting "site commissions" paid by phone providers to facilities.
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January 12, 2026
10th Circ. Says Courts Can Review Refugee Terminations
The Tenth Circuit ruled Monday that courts can review whether asylum seekers met the legal definition of "refugee" when they were admitted to the U.S., reviving a Rwandan woman's challenge to the termination of her refugee status.
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January 12, 2026
Justices Wary Of Broader Removal In Coastal Pollution Suits
U.S. Supreme Court justices on Monday questioned a bid by ExxonMobil and Chevron to move Louisiana pollution lawsuits to federal court, appearing hesitant to embrace the companies' argument that their World War II-era oil production clearly was federal in nature.
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January 12, 2026
FCC Scraps Verizon's 60-Day Phone Unlocking Mandate
The Federal Communications Commission on Monday waived a rule stemming from Verizon's takeover of discount provider TracFone that forced the company to open its cellphones to other carriers after 60 days.
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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USCIS Asylum Pause Could Drive Federal Mandamus Filings
U.S. Citizenship and Immigration Services' recent freeze on asylum applications is likely to accelerate Administrative Procedure Act unreasonable delay and writ of mandamus filings, making it important for practitioners handling such cases to familiarize themselves with the mandamus framework and evidentiary standards, says Kemal Hepsen at Mandamus Lawyers.
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SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models
The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.
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How Mamdani Will Shift NYC Employment Law Enforcement
Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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2025's Most Notable State AG Activity By The Numbers
State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Montana Ruling Reaffirms Record-Based Enviro Analyses
A Montana federal court's recent decision in Center for Biological Diversity v. U.S. Forest Service, vacating permits for logging near Yellowstone National Park, is a reminder that, despite attempts to pare back National Environmental Policy Act reviews, agencies must still properly complete such reviews before projects are approved, say attorneys at ArentFox Schiff.
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Banking M&A Outlook Reflects Favorable Regulatory Climate
The banking mergers and acquisitions environment is starting 2026 with a rare alignment of favorable market conditions and a more permissive regulatory atmosphere, creating a clear window for banks to pursue transformative combinations and shape the competitive landscape, say attorneys at Reed Smith.
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How Rule 16.1 Streamlines And Validates Mass Tort Litigation
The new Rule 16.1 of the Federal Rules of Civil Procedure not only serves a practical purpose by endorsing early, structured case management and dispositive motion practice in multidistrict litigation, but also explicitly affirms the importance of MDL practice in the justice system, says Rocco Strangio at Milestone.
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ERISA Litigation Trends To Watch With 2025 In The Rearview
There were significant developments in Employee Retirement Income Security Act litigation in 2025, including plaintiffs pushing the bounds of sponsor and fiduciary liability and defendants scoring district court wins, and although the types of claims might change, ERISA litigation will likely be just as active in 2026, say attorneys at Groom Law.
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2025's Defining AI Securities Litigation
Three securities litigation decisions from 2025 — involving General Motors, GitLab and Tesla — offer a preview of how courts will assess artificial intelligence-related disclosures, as themes such as heightened regulatory scrutiny and risk surrounding technical claims are already taking shape for the coming year, say attorneys at Cooley.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Key Trends For Life Sciences Cos. To Watch In 2026
Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.
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What To Know About NY's Drastic 3rd-Party Practice Changes
Last month, New York Gov. Kathy Hochul signed a law establishing new time limits for the commencement of third-party actions, which will have dramatic effects on insurance defense practice, particularly cases involving construction site accidents or claims of premises liability, says Shawn Schatzle at Lewis Brisbois.