Public Policy

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • February 18, 2026

    States, Unions Urge DC Circuit 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • February 17, 2026

    Okla. Officials Look To Toss Creek Nation's Hunting Suit

    A special prosecutor for Oklahoma's governor and the state's wildlife conservation director have asked a federal court judge to throw out the Muscogee Creek Nation's hunting rights lawsuit, saying the tribe has gone along with state hunting regulations for more than a century.

  • February 17, 2026

    Waste Co. Republic Sued Over Alleged Seattle River Pollution

    Waste management company Republic Services was hit with a Clean Water Act lawsuit in Washington federal court Friday by an environmental watchdog group for allegedly releasing polluted water from an industrial site near Seattle's Duwamish River.

  • February 17, 2026

    AI's Needs Outpace Broadband Infrastructure, Report Says

    The "artificial intelligence boom" is going to mean slower internet speeds for consumers if Congress doesn't do something to make commercial spectrum less scarce, according to a new report from a conservative-leaning policy group.

  • February 17, 2026

    OCC Floats New Appeals Board To Hear Bank Exam Disputes

    The Office of the Comptroller of the Currency is moving to overhaul its internal appeals process for banks, pitching a new review board and other changes that could make challenges to examiner findings more common and more likely to succeed.

  • February 17, 2026

    CFTC Backs Prediction Markets In 9th Circ. Fight With Nevada

    U.S. Commodity Futures Trading Commission Chair Michael Selig told state gaming regulators Tuesday that he intends to defend his agency's "exclusive jurisdiction" over prediction markets, starting with a brief to the Ninth Circuit backing Crypto.com in an ongoing brawl with Nevada regulators over its sports wagers.

  • February 17, 2026

    Colo. Utility Advocates Dispute Energy Financing Program

    The Colorado Office of the Utility Consumer Advocate, or UCA, claimed in Colorado state court Friday that a recent decision to approve a tariffed on-bill financing program to help customers purchase energy efficiency upgrades violates state law.

  • February 17, 2026

    FCC Investigating Possible Lifeline Fraud In Calif., Beyond

    Lifeline providers in states that were allowed to opt out of the federal verification process might soon find themselves in the hot seat, as the Federal Communications Commission revealed Tuesday it has launched investigations into certain providers from three states.

  • February 17, 2026

    Wash. Governor Demands Changes To Millionaires' Tax Bill

    A proposal for a nearly 10% tax on income above $1 million that has passed the Washington state Senate is a good start, but it needs significant changes before it gets his signature, Democratic Gov. Bob Ferguson said Tuesday.

Expert Analysis

  • State And Int'l Standards May Supplant EPA's GHG Rule

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    The U.S. Environmental Protection agency's recent repeal of its 2009 finding that greenhouse gases endanger public health will likely increase regulatory uncertainty, as states attempt to fill the breach with their own regulatory regimes and some companies shift focus to international climate benchmarks instead, say attorneys at ArentFox Schiff.

  • Opinion

    Federal Preemption In AI And Robotics Is Essential

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    Federal preemption offers a unified front at a decisive moment that is essential for safeguarding America's economic edge in artificial intelligence and robotics against global rivals, harnessing trillions of dollars in potential, securing high-skilled jobs through human augmentation, and defending technological sovereignty, says Steven Weisburd at Shook Hardy.

  • Series

    Law School's Missed Lessons: What Cross-Selling Truly Takes

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    Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.

  • What 'Precedential' Decisions Reveal About USPTO's Direction

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    Significant procedural changes at the U.S. Patent and Trademark Office last year have reshaped patent litigation and business strategies and created uncertainty around the USPTO's governing rules, but an accounting of the decisions the office designated as precedential and informative sheds light on the agency's new approach, say attorneys at Sterne Kessler.

  • OCC Mortgage Escrow Rules Add Fuel To Preemption Debate

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    Two rules proposed in December by the Office of the Comptroller of the Currency, which would preempt state laws requiring national banks to pay interest on mortgage escrow accounts, are a bold new federal gambit in the debate over how much authority Congress intended to hand state regulators under the Dodd-Frank Act, says Christian Hancock at Bradley Arant.

  • CFIUS Initiative May Smooth Way For Some Foreign Investors

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    A new program that will allow certain foreign investors to be prevetted and admitted to fast-track approval by the Committee on Foreign Investment in the United States will likely have tangible benefits for investors participating in competitive M&A, say attorneys at Simpson Thacher.

  • When Tokenized Real-World Assets Collide With Real World

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    The city of Detroit's ongoing case against Real Token, alleging building code and safety violations across over 400 Detroit residential properties, highlights the brave new world we face when real estate assets are tokenized via blockchain technology — and what happens to the human tenants caught in the middle, say Biying Cheng and Cornell law professor David Reiss.

  • Drafting Tech Patents After USPTO's Eligibility Memos

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    Two recent U.S. Patent and Trademark Office memos on subject matter eligibility declarations provide an evidentiary playbook for artificial intelligence and software patent applications, highlighting how targeted, stand‑alone SMEDs that present objective, claim‑anchored facts can improve patent application outcomes, say attorneys at Reed Smith.

  • How Lenders Can Be Ready For Disparate Impact Variabilities

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    Amid state attorneys general's and regulators' mixed messaging around disparate impact liability, financial institutions can take several steps to minimize risk, including ensuring compliance management aligns with current law and avoiding decisions that impede growth in business and service, says Elena Babinecz at Baker Donelson.

  • Wage-Based H-1B Rule Amplifies Lottery Risks For Law Firms

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    Under the wage-based H-1B lottery rule taking effect Feb. 27, law firms planning to hire noncitizen law graduates awaiting bar admission should consider their options, as the work performed by such candidates may sit at the intersection of multiple occupational classifications with differing chances of success, says Jun Li at Reid & Wise.

  • Series

    Judges On AI: Practical Use Cases In Chambers

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    U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

  • Opinion

    Criminalizing Officials' Speech Erodes Trust In Justice System

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    Federal prosecutors reportedly investigating whether Minnesota officials’ public statements illegally impeded immigration enforcement is a dangerous overextension of obstruction law that would criminalize dissent and sow public distrust in law enforcement, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • Opinion

    Corporations Should Think Twice About Mandatory Arbitration

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    The U.S. Securities and Exchange Commission's recent acceptance of mandatory arbitration provisions in corporate charters and bylaws does not make them wise, as the current system of class actions still offers critical advantages for corporations, says Mohsen Manesh at the University of Oregon School of Law.

  • A Closer Look At California Financial Regulator's 2026 Agenda

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    California Department of Financial Protection and Innovation Commissioner KC Mohseni in recent remarks demonstrated the regulator's growing importance amid the Consumer Financial Protection Bureau's retreat by debuting expansive goals for 2026, including finalizing rulemaking for the state's digital asset law and expanding enforcement authority around consumer complaints, says John Kimble at Hinshaw.

  • California's New Privacy Laws Demand Preparation From Cos.

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    An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.

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