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Public Policy
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January 22, 2026
Trump Calls For Prosecution Of Jack Smith Post-Hearing
Shortly after former special counsel Jack Smith gave his first public congressional testimony on the Trump cases, in which he warned the rule of law should not be taken for granted, President Donald Trump said he should be prosecuted.
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January 22, 2026
5th Circ. Appears Divided On President's Alien Enemies Power
The full Fifth Circuit appeared divided Thursday on whether President Donald Trump can label any threat an "invasion" or "predatory incursion" under the 1798 Alien Enemies Act, with judges split between giving the president broad deference and those doubtful the courts have only a limited role.
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January 22, 2026
Meta Fights Late Data Request In Instagram Addiction Suit
Meta Platforms has told a judge that Massachusetts' attorney general should not be allowed to fill what the company said are holes in the state's Instagram addiction lawsuit with a late subpoena for records from two of its own health agencies.
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January 22, 2026
Ill. Judge Dismisses Suit Over Federal Agents' Use Of Force
An Illinois federal judge has allowed plaintiffs accusing immigration officials of using excessive force to voluntarily end their case, but first disbanded the class of media and peaceful protesters she'd certified late last year.
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January 22, 2026
Drugmakers May Dodge Disgorgement In States' Antitrust Suit
A Connecticut federal judge probed the limits of his equitable powers Thursday in a sprawling generic drug antitrust enforcement action, expressing doubt that he could order the drugmaker defendants to hand over their profits while also awarding multiplied damages and imposing civil penalties.
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January 22, 2026
As Lawmakers Scrutinize Costs, Insurers Point To Hospitals
Facing a barrage of questions from lawmakers on Capitol Hill about rising costs, the heads of the biggest health insurance companies in the U.S. sought to blame providers and other parts of a complex industry.
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January 22, 2026
FERC Commissioners Back Fed-State Push For PJM Changes
The Federal Energy Regulatory Commission on Thursday backed plans from the Trump administration, state governors and PJM Interconnection to address escalating power prices amid data center-fueled increases in electricity demand, and encouraged the nation's largest grid operator to promptly submit policy proposals.
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January 22, 2026
Judge Severs Tax Charges From Ex-Rep's Foreign Agent Case
A former Florida congressman will get to contest tax charges against him separately from a criminal indictment alleging he and a political consultant failed to register as foreign agents while lobbying on behalf of Venezuela's state oil company, a federal judge ruled.
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January 22, 2026
Digital Services Taxes May Give Leverage In US Trade Deals
As President Donald Trump and his administration continue to negotiate with trading partners seeking to lower tariff rates, countries with digital services taxes could find those measures build some leverage with U.S. negotiators aiming to eliminate them.
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January 22, 2026
UN Committee Floats Draft For Taxing Cross-Border Services
Negotiators at the United Nations released a draft of potential cross-border measures that could eventually appear in a multilateral treaty to help countries tax the income of remote corporations that currently fall outside traditional taxation rules.
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January 22, 2026
USPTO Re-Ups Agreement With Major IP Offices Through 2029
The U.S. Patent and Trademark Office has extended the Patent Prosecution Highway pilot program with four other intellectual property offices, which expedites review of patent applications that have been allowed in another country, for another three years.
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January 22, 2026
Md. Judge Keeps Ship Manager Liability Shield Bid Alive
A Maryland federal judge Thursday allowed the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge to press ahead, for now, with its request to invoke a nearly two-centuries-old maritime law to limit its liability for the 2024 wreck.
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January 22, 2026
Pa. Justices Say Judge's Partisan Posts Warrant Suspension
Pennsylvania's highest court has adopted a balancing test for restricting a sitting judge's free speech outside the context of an election and, in doing so, affirmed the suspension of a state court judge who it said damaged the court's appearance of impartiality by making political posts on social media.
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January 22, 2026
AGs Target Investor Advocacy Group As 'Climate Cartel'
A group of state attorneys general led by Florida Attorney General James Uthmeier issued a warning letter Wednesday to climate advocacy organization Ceres claiming concerns about violations of antitrust and consumer protection laws.
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January 22, 2026
Trump Sues JPMorgan For $5B Over Account Closures
President Donald Trump on Thursday sued JPMorgan Chase in Florida state court for at least $5 billion in damages, alleging it unlawfully "debanked" him and an array of his business ventures shortly after the end of his first term.
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January 22, 2026
NCAA Tells 4th Circ. Appeal Of Eligibility Ruling Should Go On
The NCAA has urged the Fourth Circuit to keep hearing its appeal of a preliminary injunction letting four West Virginia University football players compete in a season that is now over, arguing that similar challenges to its eligibility rules are inevitable.
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January 22, 2026
Washington Drops $9M Climate Fund Suit Against NOAA
Washington state dropped its lawsuit against the U.S. Department of Commerce after a federal judge temporarily blocked the Trump administration from withholding more than $9 million meant to shore up the state's resiliency to climate change.
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January 22, 2026
EEOC Chair Decries 'Fearmongering' Amid Guidance Repeal
The Republican members of the U.S. Equal Employment Opportunity Commission voted Thursday to retract comprehensive harassment guidelines issued during the Biden administration after the agency's chair panned warnings from Democrats and civil rights advocates that the move erodes key worker protections.
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January 21, 2026
NJ Justices Wrestle With Cases Complicated By ICE Custody
The New Jersey Supreme Court wondered Wednesday how to manage case flow when detained or deported defendants are prevented by U.S. Immigration and Customs Enforcement from attending their proceedings, lamenting the difficult choice of options including letting matters languish, conducting criminal trials virtually or issuing bench warrants that could complicate immigration cases.
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January 21, 2026
Lawyer Testifies Goldstein Dodged $500K Poker Repayment
A former employee at Thomas Goldstein's law firm recounted in court Wednesday that a U.S. Internal Revenue Service levy was placed on the SCOTUSblog founder's accounts, while a lawyer at another firm said Goldstein dodged repaying him for money invested in his poker-playing exploits.
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January 21, 2026
Senate Agriculture Unveils Crypto Bill Without Dem Backing
The chairman of the Senate Agriculture Committee released the text of a proposal to expand the U.S. Commodity Futures Trading Commission's authority over crypto Wednesday evening, despite failing to reach a bipartisan agreement on the text ahead of a markup slated for next week.
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January 21, 2026
BP Says Wash. Residents' 'Noxious Odors' Class Claims Stink
A BP unit facing a proposed class action over oil refinery fumes urged a Washington federal judge to flush the suit, arguing that the plaintiffs' proposed class definition is flawed because individual residents would be affected differently based on wind direction, distance from the facility and other factors.
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January 21, 2026
Court Rejects Sanctions In Venezuelan Oil Defamation Case
A Florida federal judge on Wednesday declined to sanction a director of a Venezuelan state-owned oil company, finding no conflict of interest by his attorneys at Diaz Reus LLP in a now-dismissed suit accusing the director and others of engaging in a campaign to smear Venezuelan civic leaders.
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January 21, 2026
8th Circ. Temporarily Lifts Restrictions On ICE In Minnesota
The Eighth Circuit on Wednesday issued an administrative stay temporarily lifting a district court injunction blocking federal immigration agents from retaliating against or detaining peaceful protesters without probable cause during federal immigration enforcement in the Twin Cities area.
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January 21, 2026
Texas AG Launches Investigation Into Vaccine Incentives
The Texas attorney general launched what it characterized as a sweeping, multi-industry investigation into financial incentives for medical providers to recommend childhood vaccines, saying providers regularly dish out vaccines that "are not proven to be safe or necessary."
Expert Analysis
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Key Crypto Class Action Trends And Rulings In 2025
As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.
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New Russia Energy Sanctions Add Compliance Complexity
Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.
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6 Laws For Calif. Employers To Know In 2026
California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.
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How New SEC Policies Shift Shareholder Proposal Landscape
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.
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NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?
Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.
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Tracking The Evolution Of AI Insurance Regulation In 2025
As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation
On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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How AI Exec Order May Tee Up Legal Fights With States
The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.
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Recent Proposals May Spell Supervision Overhaul For Banks
A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.
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Where DEI Stands After The Federal Crackdown In 2025
The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.
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Rule Update May Mean Simpler PFAS Reports, Faster Timeline
The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.
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What US Can Learn From Brazil's Securities Arbitration Model
To allay investor concerns about its recent approval of mandatory arbitration clauses in public company registration statements, the U.S. Securities and Exchange Commission should look to Brazil's securities arbitration model, which shows that clear rules and strong institutions can complement the goals of securities regulation, say arbiters at the B3 Arbitration Chamber.