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Public Policy
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February 18, 2026
Oklahoma Tribes' Bid For Indian Country Status Denied
A federal court judge has denied four Oklahoma tribes' bid for a declaration that lands within the historic boundaries of their reservations maintain their Indian Country status, saying there's no evidence of a live controversy between the Indigenous nations and Sooner State prosecutors.
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February 18, 2026
EPA Hit With Suit Over Repeal Of Climate Rule
A coalition of public health and environmental groups on Wednesday challenged the U.S. Environmental Protection Agency's decision to repeal a landmark finding that greenhouse gas pollution endangers people's health, calling it a corporate handout at odds with the science and the law.
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February 18, 2026
US, Japan Announce $36B In Projects As Part Of Trade Deal
Japan and its companies will undertake new investments in U.S. manufacturing and energy production facilities that total nearly $36 billion, the U.S. and Japanese governments announced as part of a framework trade agreement and confirmed Wednesday.
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February 18, 2026
Feds Release $130M NY, NJ Gateway Hudson Tunnel Funds
New York and New Jersey officials said Wednesday that construction on the $16 billion rehabilitation of aging commuter train tunnels under the Hudson River would resume next week after the federal government released $130 million in funds that a federal judge in Manhattan recently ruled had been unlawfully frozen.
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February 18, 2026
Migrants Urge Judge To Protect Anonymity In Flight Dispute
Attorneys for three anonymous Venezuelan asylum seekers who claim they were among 49 migrants lured into boarding flights to Massachusetts have urged a federal judge to deny the flight operator's bid to unmask their identities, saying nothing has changed to warrant disclosure.
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February 18, 2026
SpaceX Attacks Studies Opposing NGSO Framework Changes
SpaceX is coming out swinging against other satellite operators who have provided the FCC with studies they say show the new proposed spectrum sharing framework is a bad idea, calling it a "last-ditch effort to muddy the waters" before the agency makes a decision.
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February 18, 2026
Senators Push For Transparency In Litigation Funding
Lawmakers are trying again to rein in third-party litigation financing, a multibillion-dollar industry that critics argue allows foreign entities to assert control of the U.S. legal system.
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February 18, 2026
NY Bill Would Allow Low-THC Drinks In Liquor Stores
A new bill introduced in the New York State Legislature would permit alcohol retailers to sell low-potency cannabis-infused beverages with up to 5 milligrams of THC and impose a new tax on their sale.
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February 18, 2026
FCC Opens 2 Slices Of 900 MHz For Broadband Use
The Federal Communications Commission opened two portions of the 900 megahertz airwaves for expanded broadband use Wednesday, saying it crafted the new rules to avoid disruption with users in nearby spectrum.
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February 18, 2026
IRS Asks Court To Deny Probe Of Improper ICE Data-Sharing
A coalition suing the IRS over its data-sharing deal with immigration enforcement authorities should not be allowed to investigate the agency's revelation that it shared some data improperly, the IRS told a D.C. federal court, saying it made the admission "in good faith."
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February 18, 2026
Feds Ask High Court To Reject Chinook Tribe Recognition
The U.S. Department of the Interior is asking the U.S. Supreme Court to reject a petition by the Chinook Indian Nation that looks to undo a Ninth Circuit order that denied it federal recognition, arguing that the case is a poor vehicle for resolving questions under the 1994 List Act.
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February 18, 2026
No Jurisdiction In Judicial Privacy Law Suits, NJ Court Told
Five data companies said Wednesday that a New Jersey federal court should toss suits alleging they violated the Garden State's judicial privacy law, arguing that they have no presence in the state and do not have enough contacts with it.
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February 18, 2026
Nicotine Pouch Co. Says FDA Unfairly Applies Tobacco Regs
A nicotine oral pouch maker is suing the U.S. Food and Drug Administration in D.C. federal court, saying the agency is arbitrarily requiring it to perform the same health studies for premarket authorization as tobacco products, despite acknowledging that its products have fewer health risks than cigarettes or other tobacco products.
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February 18, 2026
States, Unions Urge DC Circ. To Block Haiti TPS Termination
California-led states and a coalition of unions urged the D.C. Circuit to deny the Trump administration's push to end temporary protected status for Haiti during an ongoing legal challenge, arguing it would harm families, communities and the economy.
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February 18, 2026
Anti-Abortion Clinics Lose Free Speech Suit Over Mass. Ads
A Massachusetts federal judge has tossed a lawsuit over a state-funded ad campaign warning consumers about potentially misleading or inaccurate information provided by a group of anti-abortion pregnancy resource centers, finding that the state hadn't prohibited the clinics from operating — and that the public officials have the same free speech rights as the clinics.
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February 18, 2026
Mass. Police Union Head, Lobbyist Get Prison For Kickbacks
A federal judge on Wednesday sentenced the former head of the Massachusetts State Police union and a Boston lobbyist to two years and 15 months in prison, respectively, after the pair were convicted of orchestrating a kickback scheme.
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February 18, 2026
US Could Hit Russian Palladium With Triple-Digit Duties
Russian palladium entering the U.S. is being sold at less than fair value, which could result in triple-digit antidumping duties on the imports, the U.S. Department of Commerce said Wednesday.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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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.
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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.
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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.