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Public Policy
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February 12, 2026
5 Key Flashpoints From Fed's 'Skinny' Account Proposal
The Federal Reserve's push to create "skinny" master accounts that would open up access to U.S. payment rails has become the latest front in long-running turf wars between banks and fintech companies. Here are five of the project's hottest flashpoints attracting controversy.
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February 12, 2026
EPA Targets High Court Do-Over With GHG Rule Repeal
The Trump administration's removal of the link between greenhouse gases and public health takes aim at the U.S. Supreme Court's 2007 landmark determination that GHGs are air pollutants, and will spark a prolonged battle with consequent uncertainty for industries.
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February 12, 2026
Affairs, Spending Come Out In Goldstein Cross-Examination
SCOTUSblog founder Thomas Goldstein was confronted Thursday with allegations of extramarital affairs, lavish spending and lies on asset disclosures, all in front of the jury in his ongoing tax fraud trial.
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February 12, 2026
5th Circ. Upholds Texas Ban On Compensated Vote Harvesting
The Fifth Circuit on Thursday reinstated enforcement of Texas' felony ban on compensated vote harvesting, saying that hypothetical scenarios are not enough to claim that a law is unconstitutional.
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February 12, 2026
US Sets 15% Tariff On Taiwanese Imports In Trade Deal
Taiwan has agreed to lift nearly all of its tariffs on U.S. imports and pledged to purchase nearly $85 billion in American goods in exchange for a 15% tariff on Taiwanese goods, according to a reciprocal trade deal signed Thursday.
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February 12, 2026
DC Judge Skeptical Funding Lapse Settles ICE Visit Policy Row
A D.C. federal judge considered Thursday whether the U.S. Department of Homeland Security permissibly used a funding gap to freshen up a policy requiring a week's notice for congressional oversight visits, or if a longstanding spending rider prohibits the move.
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February 12, 2026
7th Circ. Takes Up BIPA Amendment's Retroactivity
The Seventh Circuit heard arguments Thursday over whether a liability-limiting amendment to Illinois' biometric privacy law has retroactive application to lawsuits filed before it took effect, with one judge on the panel saying it seemed like "billions of dollars of consequences turn on how we label the change."
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February 12, 2026
Challenge To 3D-Printed Gun Law Fails, 3rd Circ. Rules
The First Amendment does not protect the distribution of "purely functional code" that would allow for the 3D printing of guns, the Third Circuit ruled Thursday, ending a challenge to a New Jersey law from a Texas-based firearm company and a gun rights group.
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February 12, 2026
IRS Guidance Offers Relief In Energy Credits' Sourcing Limits
The IRS issued interim guidance Thursday providing two safe harbor options for clean energy facilities or manufacturers of energy components to determine the extent to which they received material assistance from an entity tied to a foreign government that the U.S. deems adversarial.
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February 12, 2026
Row Over Forensic Expert Testimony Hits NC High Court
Prosecutors are urging North Carolina's highest court to uphold a drug conviction thrown out on appeal, saying an appellate court deemed a key forensic expert's trial testimony unconstitutional using a flawed interpretation of the U.S. Supreme Court's 2024 decision in Smith v. Arizona.
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February 12, 2026
SEC's Atkins Rejects Top Dem's Crypto Corruption Claims
U.S. Securities and Exchange Commission Chairman Paul Atkins on Thursday pushed back on claims his agency dropped against cryptocurrency firms as a political favor to President Donald Trump, telling Senate Democrats a "changed attitude" by the commission led to the dismissals.
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February 12, 2026
12 Questions For FCC Chair Brendan Carr
It's been a "banger" of a year at the Federal Communications Commission, says agency chief Brendan Carr, who took over at the outset of President Donald Trump's second term with the goal of cutting regulations and quickly turning over more spectrum to the private sector.
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February 12, 2026
Wash. Justices To Hear Gym's Suit Over COVID-Era Inspection
Washington's highest court will review an appellate ruling that state labor department inspectors violated an Anytime Fitness owner's reasonable expectation of privacy when they tailgated a gym member who used a key card to enter the facility during the COVID-19 pandemic, when businesses were supposed to be shuttered.
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February 12, 2026
DC Judge Won't Bow To DOJ, Public Criticism On TPS Ruling
A D.C. federal judge who said she has been receiving threats and personal insults after she temporarily blocked the Trump administration from terminating Temporary Protected Status for Haitians refused to pause her ruling, saying judges will not be intimidated by public threats.
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February 12, 2026
Bipartisan Bill Targets Scam Ads On Social Media Platforms
Federal lawmakers are pushing to require social media companies to crack down on fraudulent advertising on their platforms under new bipartisan legislation that is drawing praise from banking and consumer groups.
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February 12, 2026
Trump Admin EV Funding Cuts Suits Merged In Wash. Court
A Washington federal judge has consolidated two lawsuits seeking to stop the Trump administration from preventing nearly $2.5 billion in congressionally appropriated funds from going to electric vehicle charging infrastructure programs.
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February 12, 2026
HPE Has 'No Grounds' To Hide DOJ Deal Bidders, AGs Say
Democratic attorneys general challenging the controversial Justice Department settlement permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks have urged a California federal judge to let them see who's bidding for assets up for divestiture, arguing the would-be buyers are an integral part of the agreement's viability.
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February 12, 2026
Tesla Says Case Transfer Boosts Mandamus Bid In PTAB Fight
A Texas federal judge's decision to send patent infringement litigation against Tesla Inc. to California strengthens the automaker's mandamus petition claiming the Patent Trial and Appeal Board wrongly turned away its challenges, Tesla told the Federal Circuit.
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February 12, 2026
DC Circ. Judge Rips Into Insurer In CMS Rating Case
A Louisiana insurer found a tough critic in one D.C. Circuit judge Thursday as it argued that the Centers for Medicare & Medicaid Services used an unfair method to assess its "star ratings" for insurance plans, with the jurist saying the company seemed like it "just wanted whatever interpretation will give you a higher score."
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February 12, 2026
Airbnb Escapes Most Of Conservative Investors' Suit
A Delaware federal judge on Thursday trimmed claims from two institutional shareholders' suit alleging Airbnb wrongfully excluded their shareholder proposals from proxy materials, nixing claims against specific executives and claims about not-yet-released 2026 proxy materials.
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February 12, 2026
FTC's PBM Case Paused For More Deal Talks
Federal Trade Commission staffers are discussing potential settlements with OptumRx and Caremark that could end the agency's case accusing the pharmacy benefit managers of inflating insulin prices, following a recent deal with Express Scripts.
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February 12, 2026
Fla. Court Tosses 'King Of Vape' Suit Against NY Post
A Florida federal court dismissed a defamation complaint that a store owner operating as "The King of Vape" brought against the New York Post over an article referring to him as an "Israel hater" who aided Hamas and also sold illegal nicotine products, saying claims weren't sufficiently alleged.
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February 12, 2026
Hegseth Blocked From Reducing Sen. Kelly's Navy Rank
Sen. Mark Kelly, D-Ariz., secured a court order on Thursday blocking Defense Secretary Pete Hegseth from reducing his U.S. Navy rank after he told members of the military they don't have to follow unlawful orders.
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February 12, 2026
GOP Lawmakers Probe CalPERS's 'Radical' ESG Investments
The chair of the House Education and Workforce Committee and two other Republican lawmakers sent a letter Thursday to California's largest public pension fund, demanding information on whether it prioritized "radical left-wing causes" over protecting retirement savers.
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February 12, 2026
Mass. US Atty Calls ICE Criticism 'Hyperbole,' Praises Agents
Massachusetts U.S. Attorney Leah B. Foley said Thursday that criticism of U.S. Immigration and Customs Enforcement by state and local officials and a lack of cooperation with federal agents is to blame for "chaos in the streets," as she forcefully defended the Trump administration's policies.
Expert Analysis
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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Unpacking The DOJ Meatpacking Probe
The recent U.S. Department of Justice meatpacking antitrust investigation is in line with the Trump administration's focus on crimes that affect U.S. consumers, and businesses in other agricultural sectors should be aware of the increased antitrust scrutiny currently aimed at the industry, say attorneys at Norton Rose.
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Aligning With EPA's 'Compliance First' Enforcement Policy
To take advantage of the U.S. Environmental Protection Agency's new "compliance first" policy, companies will need to maintain up-to-date compliance programs, implement self-audits and find-and-fix protocols, and lean more into open communication with regulators, say attorneys at Crowell & Moring.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Calif. AI Law Will Have Ripple Effect On Emerging Cos.
California's Transparency in Frontier Artificial Intelligence Act is the first comprehensive state-level AI safety framework with mandated public disclosures in the U.S., and although it may not affect emerging companies directly, companies that embed governance and transparency into their operations will differentiate themselves in highly competitive markets, say attorneys at Mintz.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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Opinion
US Cybersecurity Strategy Must Include Immigration Reform
Cyberthreats are escalating while the cybersecurity workforce remains constrained due to a lack of clear standards for national-interest determinations, processing backlogs affecting professionals who protect critical public systems and visa allocations that do not reflect real-world demands, says Rusten Hurd at Colombo & Hurd.
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How 2025 Executive Orders Are Reshaping Consumer Finance
In 2025, President Donald Trump used executive orders to initiate a reversal of policies on fair lending, urge agencies to use enforcement and supervisory tools to police debanking, and reduce consumer financial regulation — and the resulting flurry of deregulatory activity will likely continue in 2026, says Elizabeth Tucci at Goodwin.
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A Look At EEOC Actions In 2025 And What's Next
President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.
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FDA's AI Deployment Brings New Potential And Risks
The U.S. Food and Drug Administration's recent announcement about making agentic artificial intelligence tools available to agency employees may portend accelerated regulatory timelines and lower costs for drug companies and consumers, but potential errors and biases will necessitate additional safeguards, says Angela Silva at Lewis Brisbois.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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OFAC Sanctions Will Intensify Amid Global Tensions In 2026
The Office of Foreign Assets Control will ramp up its targeting of companies in the private equity, venture capital, real estate and legal markets in 2026, in keeping with the aggressive foreign policy approach embraced by the Trump administration in 2025, say attorneys at Holland & Knight.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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Wis. Sanctions Order May Shake Up Securities Class Actions
A Wisconsin federal court’s recent decision to impose sanctions on a plaintiffs law firm for filing a frivolous Private Securities Litigation Reform Act complaint in Toft v. Harbor Diversified may cause both plaintiffs and defendants law firms to reconsider certain customary practices in securities class actions, says Jonathan Richman at Brown Rudnick.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.