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Public Policy
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February 25, 2026
Fed. Circ. Pressed To Immediately Release Tariff Mandate
Small businesses behind the successful challenge to President Donald Trump's emergency tariffs asked the Federal Circuit Tuesday to immediately issue its mandate so the lower U.S. Court of International Trade can consider how to order the government to issue refunds for importers that paid the unlawful duties.
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February 25, 2026
Democrats Cast Doubt On New DOJ Fraud Role
During the confirmation hearing on Wednesday for President Donald Trump's nominee for the new assistant attorney general for fraud role, Democrats expressed anxiety about the White House's involvement in the fraud crackdown and how genuine the effort is.
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February 25, 2026
Judge Says NY District's Title VI Mascot Claims Meritless
A New York federal court judge won't alter a judgment that dismissed a Long Island school district's challenge to the state's law prohibiting the use of Indigenous imagery in public schools, saying the district failed to show any sign that it faces a possible threat of Title VI federal liability.
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February 25, 2026
Ga. GOP Operative Referred For Charges Amid Ponzi Probe
A man leading a Republican political organization in Georgia who has been accused of participating in a $140 million Ponzi scheme involving lender First Liberty Building & Loan was referred for prosecution Wednesday by state securities regulators, who said he used his job as an insurance agent and investment adviser to steer clients toward the scam.
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February 25, 2026
9th Circ. Rules K-12 Mental Health Grants Must Continue
The U.S. Department of Education must fund K-12 mental health grants given to public schools to help students cope with school shootings, the Ninth Circuit ruled, denying the agency's emergency request to pause a lower court's permanent injunction pending an appeal.
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February 25, 2026
Colo. Lawmakers OK Wider Farm, Ranch Tax Classification
Colorado would broaden its definition of farms and ranches for property tax purposes to allow more agriculture producers to qualify for tax advantages under a bill unanimously approved by state lawmakers and headed to Gov. Jared Polis.
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February 25, 2026
Senate Dem Bill Adds To Trump's Wall Street Home Buy Ban
Senate Democrats are proposing to end tax breaks for Wall Street's single-family home purchases and ramp up antitrust enforcement, offering a rival plan aimed at housing affordability as President Donald Trump in his State of the Union address Tuesday repeated a call to ban big investors from the market.
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February 25, 2026
OppFi Nears Win Over Calif. Regulator's 'Rent-A-Bank' Case
A California state judge has preliminarily ruled that state regulators cannot treat Opportunity Financial's lending partnership with an out-of-state bank as an unlawful "rent-a-bank" scheme, potentially handing a major win to the fintech firm in a long-running legal battle over enforcement of California's interest-rate limits.
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February 25, 2026
Moderna's Damages Expert Limited In March Patent Trial
Moderna's damages expert was blocked from offering testimony about what a reasonable royalty would be in a suit alleging its COVID-19 vaccine infringed a rival's patents, after a federal judge found that part of the testimony wasn't reliable.
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February 25, 2026
Live Nation Judge Not 'Inclined' To Delay Trial For Appeal
A Manhattan federal judge said Wednesday he is likely to deny counsel for Live Nation's request to appeal rulings sending the government's monopolization claims to trial, after antitrust regulators called that request a "desperate plea" for a delay.
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February 25, 2026
Patterson Belknap Adds Ex-SDNY Prosecutor Maurene Comey
Former Manhattan federal prosecutor Maurene Comey, who handled some of the nation's highest-profile cases before she was fired by the Trump administration, has joined Patterson Belknap Webb & Tyler LLP, the firm announced Wednesday.
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February 24, 2026
Trump Declares 'War On Fraud,' Led By VP Vance
President Donald Trump declared at his State of the Union address on Tuesday night that Vice President JD Vance will lead the "war on fraud."
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February 24, 2026
DC Circ. Weighs Power To Keep CFPB Job Cuts On Hold
D.C. Circuit judges wrestled Tuesday with the Trump administration's push to lift an injunction blocking mass layoffs at the Consumer Financial Protection Bureau, signaling doubts about the government's position that the lower court order was wholly ill-founded and overbroad.
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February 24, 2026
Trump Says Countries Will Keep Deals Despite Tariff Ruling
President Donald Trump said trade deals reached with countries underpinned by tariffs invalidated by the U.S. Supreme Court would continue to be honored during his State of the Union on Tuesday evening, although it remained unclear precisely how those duty terms will be reimposed domestically.
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February 24, 2026
Ariz., Calif. Lead Suit Over 'Senseless' HHS Vaccine Overhaul
Arizona and California are leading a coalition of states challenging the U.S. Department of Health and Human Services' decision to cut vaccine recommendations for American children, alleging in a lawsuit Tuesday that the "unprecedented attack" stems from HHS Secretary Robert F. Kennedy Jr.'s "unscientific hostility to vaccines."
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February 24, 2026
SDNY's New Self-Report Policy Eases Path To Declinations
Manhattan federal prosecutors on Tuesday unveiled a new business-friendly corporate criminal enforcement policy for companies that promptly self-report financial crimes, promising declinations and no fines or monitors for eligible companies that turn themselves in.
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February 24, 2026
Ill. Café Urges 7th Circ. To Revive Licensing Bias Suit
A Chicago-area café urged the Seventh Circuit on Tuesday to revive claims that it was unconstitutionally denied a liquor license for a tavern it planned to acquire, saying admitted animus over the owner's effort to shed light on red-light-camera-related corruption should overcome any rational basis analysis over the denial.
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February 24, 2026
High Court Rejects NJ Towns' Bid To Pause Housing Rule
The U.S. Supreme Court on Tuesday declined to pause a provision of New Jersey's affordable housing framework that a coalition of state municipalities said unfairly places all responsibility for building such housing on non-urban municipalities.
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February 24, 2026
Voters Can't Have Say In PUD Project, Developers Claim
A ballot measure in Greeley, Colorado, attempting to overturn the creation of a planned unit development project is under fire from three signatories, which claimed in a complaint filed in state court Monday that the ballot measure is unconstitutional.
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February 24, 2026
10th, 5th Circ. Stalwarts Step Back From Bench
U.S. Circuit Judge Timothy Tymkovich has announced that he'll take senior status from his seat on the Tenth Circuit, just a day after U.S. Circuit Judge James L. Dennis said he'd step down from the Fifth Circuit.
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February 24, 2026
DC Circ. Presses Gov't On Reason For $20B EPA Clawback
The full D.C. Circuit gave the federal government the third degree Tuesday as it tried to convince the court that it should stick with a panel's decision that the Environmental Protection Agency is allowed to freeze $20 billion in grant funds intended for green groups.
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February 24, 2026
Denver Schools Face Racketeering, Mortgage-Scheme Suit
A group of parents with students in the Denver Public Schools system claimed in a complaint Tuesday that DPS has illegally been mortgaging numerous school district-owned properties for decades, which has created a "financial catastrophe" and "extraordinary debt situation" for the school district.
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February 24, 2026
DJI Asks 9th Circ. To Strike Down FCC 'Covered List' Ruling
Drone maker DJI has decided not to wait to find out whether the Federal Communications Commission will reconsider its decision to place many of its products on the "covered list" before appealing to the Ninth Circuit the ruling declaring its products suspect.
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February 24, 2026
Heirs Push DC Circ. To Rehear Nazi Art Expropriation Case
The descendants of a Hungarian Jewish art collector trying to recover a Nazi-looted art collection have asked the full D.C. Circuit to rehear their appeal, arguing that a three-judge panel of the court erred in affirming a lower court's dismissal of their lawsuit.
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February 24, 2026
Tariff-Related Disputes May Go Beyond Just Refunds
In addition to the likely chaotic refund process to follow last week's bombshell U.S. Supreme Court ruling striking down the Trump administration's broad tariff regime, the decision could also result in a wide range of private commercial disputes, and possibly even investment treaty claims against the U.S.
Expert Analysis
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Reinventing Bank Risk Mgmt. After 2025's Cartel Crackdown
The Trump administration's 2025 designation of certain transnational drug cartels as terrorists means that banks must adapt to a narrowing margin of error in their customer screening and transaction assessments by treating financial crime prevention as a continuous and cross-enterprise concern with national security implications, says Jack Harrington at Bradley Arant.
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How Developers Can Harness New Texas Zoning Framework
A Texas law introducing a new zoning framework has the potential to unlock meaningful multifamily development opportunities, but developers and their project teams should follow four steps to help identify how affected cities are interpreting and implementing the new law, says Angela Hunt at Munsch Hardt.
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Where States Jumped In When SEC Stepped Back In 2025
The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.
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2026 Enforcement Trends To Expect In Maritime And Int'l Trade
The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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Streamlining Product Liability MDLs With AI And Rule 16.1
With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.
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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.