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Public Policy
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January 26, 2026
3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit
A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.
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January 26, 2026
Sens. Offer Crypto Bill Amendments As Storm Delays Markup
The Senate Agriculture Committee said Monday that it will postpone its markup of a bill to regulate crypto markets to Thursday in light of the weekend's winter storm, while Democrats submitted proposals to insert ethics language and ensure appointments to the U.S. Commodity Futures Trading Commission.
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January 26, 2026
Fla. Panel Sides With State Over Signatures For Pot Initiative
A Florida state appeals court sided with officials over invalidating more than 70,000 signatures collected for a potential ballot initiative that would legalize recreational cannabis in the Sunshine State, saying emailed directives handed down to county election supervisors regarding petition verification weren't unlawful.
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January 26, 2026
Bankrupt Biz Can't Avoid Pension Obligations, 4th Circ. Says
A defunct construction business owes the International Painters and Allied Trades Industry Pension Fund about $1.6 million, a Fourth Circuit panel said Monday, affirming a lower court's decision that the fund's lawsuit seeking payment was filed on time.
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January 26, 2026
Disarming Cannabis Users Is Unconstitutional, Justices Told
A Texas man charged with illegally possessing a gun as a regular cannabis user told the U.S. Supreme Court that the government had no more right to disarm him than it had to restrict the gun use of people who drank on the weekends.
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January 26, 2026
Canada Says China Tariff Agreement Isn't Free Trade Deal
Canadian Prime Minister Mark Carney and the country's foreign affairs minister downplayed the country's recent tariff deescalation with China, indicating Canada will not pursue a free trade agreement with China as President Donald Trump threatened a 100% tariff this weekend over the deal.
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January 26, 2026
Dooney & Bourke Accused Of Misleading Email Sales Tactics
Handbag and leather goods brand Dooney & Bourke Inc. violated a Washington State law by sending email blasts offering repeated "last chance" sales with just "hours left" for consumers to purchase advertised products, according to a lawsuit recently removed to federal court.
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January 26, 2026
Oklahoma Tribes 'Misunderstand' Gaming Law, Court Told
Oklahoma Gov. Kevin Stitt and the federal government are asking a D.C. federal court for a summary judgment win in a dispute over Class II gaming compacts, arguing that the four tribes challenging the agreements misunderstand the Indian Gaming Regulatory Act's approval framework.
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January 26, 2026
Full 3rd Circ. Passes On Alina Habba DQ Challenge
The Third Circuit on Monday declined to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, denying the Justice Department's petition for rehearing and leaving intact a decision that sharply curtailed the government's use of creative maneuvers to install interim federal prosecutors.
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January 26, 2026
USA Rare Earth Secures $3.1B Of Federal And Private Funding
Mining company USA Rare Earth Inc. on Monday announced that it is set to receive $3.1 billion of new funding through collaborations with the U.S. government and a private investment in public equity funding commitment, in deals shaped by three law firms.
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January 26, 2026
35 AGs Demand X Crack Down On Grok Sexual Deepfakes
A group of 35 attorneys general sent a letter to xAI, an arm of the social media network formerly known as Twitter, to demand stronger action curtailing its Grok chatbot from altering pictures on its site to be sexually explicit or revealing.
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January 26, 2026
NJ Court Revives UAW's Casino Smoking Law Challenge
A New Jersey state appeals court revived a challenge to a state law allowing people to smoke in casinos Monday, giving the United Auto Workers another chance to argue that the law harms the casino employees it represents by exposing them to secondhand smoke.
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January 26, 2026
AI Image Is Not Copyrightable, Gov't Tells High Court
The U.S. government has urged the U.S. Supreme Court to reject an appeal from a computer scientist over whether an image created by an artificial intelligence system he developed can qualify for copyright protection, arguing that existing law clearly limits copyrights to human authors.
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January 26, 2026
Suit Over Fatal Fire Can Go To Philippines, Conn. Justices Say
The Connecticut Supreme Court ruled Monday that a trial court conducted the right assessment in deciding that a wrongful death suit over a devastating call center fire belonged in the Philippines, in a defeat for the estate administrator for 29 people who were killed.
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January 26, 2026
Fla. Bar Clears Gaetz Despite US House Ethics Report
The Florida Bar has decided to not discipline former U.S. Rep. Matt Gaetz, R-Fla., who was briefly President Donald Trump's pick for attorney general, despite the House ethics committee's findings that Gaetz regularly paid for sex, including with a minor.
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January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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January 26, 2026
DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit
The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.
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January 26, 2026
Canada Creates Tax Benefit For Groceries
Canada is rolling out a tax credit for groceries that will raise goods and services tax relief by 25% until 2031, among other measures, the prime minister announced Monday.
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January 26, 2026
Calif. Gaming Org. Fights Tribe's Bid To Join $700M Casino Suit
A District of Columbia federal judge on Monday granted the California Gaming Association's amicus brief bid to oppose a California Indian tribe's potential dismissal motion against another tribe's fight with the federal government over a $700 million casino project in Vallejo, California.
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January 26, 2026
Judge Blocks Mass Termination Of Migrant Family Parole
A Massachusetts federal judge has temporarily blocked the Trump administration from terminating the legal status of more than 8,400 migrants who were invited to stay in the U.S. while awaiting green cards under a family reunification program.
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January 26, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.
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January 26, 2026
Bracewell Hires Deutsche Bank Atty From Akin In DC
Bracewell LLP has hired an Akin Gump Strauss Hauer & Feld LLP lawyer who represented Deutsche Bank in a congressional fight over President Donald Trump's financial records during his first term, who is joining the team in the nation's capital as a partner, according to a Monday announcement.
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January 26, 2026
Treasury Cancels Booz Allen Contracts Following Leak
The U.S. Department of the Treasury is canceling $21 million in contracts with consulting firm Booz Allen Hamilton after a massive leak at the Internal Revenue Service that included President Donald Trump's tax returns, the department said Monday.
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January 26, 2026
Supreme Court To Define 'Consumer' Under Privacy Law
The U.S. Supreme Court on Monday agreed to consider what criteria consumers need to meet in order to sue under the federal Video Privacy Protection Act, accepting a challenge to a ruling that said a Paramount digital newsletter subscriber could not bring a lawsuit.
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January 23, 2026
Trump Admin's EV Infrastructure Funding Pause Vacated
A Seattle federal judge said Friday that President Donald Trump's administration overstepped its statutory powers and broke federal law by abruptly freezing approved funding for new electric vehicle charging infrastructure last year, vacating the program's suspension and siding with 20 states and environmental groups who challenged the move.
Expert Analysis
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How 2026 NDAA May Ease Entry To Defense Contracting
Reforms to implement a warfighting acquisition system included in the 2026 National Defense Authorization Act, signed on Dec. 18, are likely to reduce the burdens, risks and barriers that have previously impeded nontraditional defense contractors, say attorneys at Haynes Boone.
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Regulatory Rollback And Lingering Limbo: The CFPB In 2025
The Consumer Financial Protection Bureau has implemented significant changes since President Donald Trump took office in January, including dismissing actions with prejudice, withdrawing guidance and rescinding rules, casting the bureau in uncertain light heading into 2026, say attorneys at Mayer Brown.
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Nuclear Power Pitfalls And Opportunities To Watch For In 2026
Shepherding nuclear power projects to completion requires navigating more risks and obligations than almost any other infrastructure undertaking, but with the right strategies, states, developers, vendors and contractors can overcome these hurdles in 2026 and beyond, say attorneys at Squire Patton.
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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.