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Public Policy
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February 06, 2026
Cable Landing Co. Cuts $40K Deal To End FCC License Probe
An undersea cable landing site operator has agreed to pay $40,000 to settle a Federal Communications Commission probe for failing to give proper notice before transferring control of its cable landing license.
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February 06, 2026
EPA's Air Review Rule Backed By Industry Groups
Industry groups have backed the U.S. Environmental Protection Agency's formula for triggering air pollution review at industrial facilities, telling the D.C. Circuit that environmental groups challenging the agency are attempting to expand the scope of Clean Air Act permitting beyond what Congress intended.
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February 06, 2026
Ousted Conn. Public Defender Chief Loses Bias Suit
The commission responsible for Connecticut's public defenders did not violate TaShun Bowden-Lewis' constitutional or legal rights when it removed her as chief of the office in 2024, a state Superior Court judge has ruled, finding no second hearing was necessary before the former top defense lawyer lost her job.
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February 06, 2026
Arbitrators Take Cautious Approach To Integrating AI
Norms, practices and regulations surrounding the use of generative artificial intelligence in arbitration are developing just as rapidly as they are in the courts. Here, Law360 Pulse talks with legal tech vendor Veritext's senior vice president in charge of alternative dispute resolution about how the arbitration industry is interacting with AI.
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February 06, 2026
Graham Pushes Bill To Allow Suits Over Smith Investigations
Sen. Lindsey Graham, R-S.C., is working on a bill to allow nonmembers of Congress to sue for damages after being investigated by special counsel Jack Smith.
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February 06, 2026
Trump's $10B Tax Leak Suit Legally Unsound, Ex-Officials Say
The $10 billion in damages President Donald Trump is seeking in his suit accusing the Internal Revenue Service of failing to prevent a former contractor from leaking Trump's tax returns to news outlets is legally unsupported and unprecedented, four former government officials told a Miami federal court.
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February 06, 2026
HHS Ends 340B Drug Rebate Pilot After Legal Challenge
The U.S. Department of Health and Human Services has ended a proposed rebate program that would have altered how hospitals receive payments for participating in the federal 340B drug discount program, which provides discounted prescription drugs for low-income Americans, after facing a lawsuit from a major hospital association.
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February 06, 2026
Football Coaches Throw Support Behind FTC's Agent Probe
A football coaches' trade association has thrown its weight behind the Federal Trade Commission's recently launched investigation of college sports agents, warning that the profession is rife with predatory figures looking to exploit vulnerable athletes.
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February 06, 2026
DOL Rolls Out New Minimum Wage For Federal Contractors
The new minimum hourly wage for federal contractors will be set at $13.65, the U.S. Department of Labor Wage and Hour Division said Friday, a move coming after the Trump administration nixed a Biden-era rule setting the wage to $15.
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February 05, 2026
5th Circ. Mulls Families' Rights In Boeing-DOJ 737 Max Deal
The Fifth Circuit on Thursday questioned whether crash victims' families are owed "unfettered" rights to consult with the U.S. Department of Justice over its refusal to criminally prosecute Boeing for conspiring to defraud safety regulators about the 737 Max's development.
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February 05, 2026
Trump's Seattle US Atty Stays On For Now Via Title Swap
Trump administration appointee Charles Neil Floyd will continue to be the Western District of Washington's top federal prosecutor for now, under the new title of "First Assistant U.S. Attorney," after the deadline passed Wednesday for the U.S. Senate to confirm the interim appointment.
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February 05, 2026
Microsoft Teams Illegally Collected Voice Data, Ill. Users Claim
Microsoft Corp.'s Teams software collects and analyzes users' distinctive "voiceprints" without providing proper notice as required under Illinois law, five state residents alleged in a proposed class action Thursday.
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February 05, 2026
BNY Mellon Can't Sue Investor In Texas Over Facility Funding
A Texas appellate court determined Thursday that Bank of New York Mellon Trust Co.'s suit against the company that purchased senior revenue certificates for a student housing facility does not belong in the Lone Star State, saying the bank failed to demonstrate that the company's conduct tied it to Texas.
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February 05, 2026
PGA Tour Didn't Price Gouge Rivals' Atty, Fla. Judges Rule
A bid to overturn the dismissal of a suit accusing the PGA Tour of inflating its event prices as part of a plot against golfers from the rival LIV tour was turned away Thursday by a Florida state appeals court.
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February 05, 2026
DOJ Urges Court To Reject Live Nation's View Of Meta Ruling
Enforcers told a New York federal court to reject Live Nation's interpretation of a ruling in an antitrust case against Meta Platforms, saying that claims against the live entertainment giant do not have to accuse it of charging different venues different prices.
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February 05, 2026
Bessent Knocks 'Nihilist' Crypto Critics Of Market Reg. Bill
U.S. Department of the Treasury Secretary Scott Bessent on Thursday defended Republican-backed legislation to regulate crypto markets as critical to the future of digital assets in the U.S., telling senators that industry players who are holding out "should move to El Salvador."
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February 05, 2026
NY Times Article Excerpts Admitted In Goldstein Trial
Federal prosecutors pressing their case against SCOTUSblog co-founder Thomas Goldstein for tax evasion and misleading statements on mortgage applications were finally able on Thursday to present jurors with key statements the U.S. Supreme Court lawyer made to legal journalist Jeffrey Toobin for a long New York Times Magazine article.
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February 05, 2026
6 Questions For Incompas CEO Chip Pickering
The surge of artificial intelligence and tech-driven communications has Incompas CEO Chip Pickering leading an expanded mission, widening the broadband infrastructure trade group's focus to the energy sector for its role in advanced telecom networks.
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February 05, 2026
Polymarket Hit With Class Action For 'Disguising' Sports Bets
Prediction market company Polymarket has been hit with a class action in New York federal court targeting its sports event contracts, which the suit alleges are disguised sports gambling offers meant to evade state regulation and scrutiny.
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February 05, 2026
Energy Dept. Defends University Grant Cost Cap To 1st Circ.
The U.S. Department of Energy urged the First Circuit to overturn a Boston federal judge's decision to block its attempt to cap reimbursable indirect costs for research grants awarded to colleges and universities, arguing it acted in line with its regulations.
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February 05, 2026
DC Circ. Doubts ICE Church Raids Can't Be Blocked
The majority of a three-judge D.C. Circuit panel appeared skeptical Thursday that they shouldn't block the Trump administration from enforcing immigration laws at sensitive locations such as churches, questioning the government's argument that the alleged harm is too speculative.
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February 05, 2026
Mich. Justices Uphold One-Man Grand Jury Murder Conviction
A man indicted by a judge and found guilty of murder cannot have another shot at his case simply because he wasn't charged by a grand jury, Michigan's highest court determined, finding that a change in state law disallowing one-man grand juries did not apply retroactively.
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February 05, 2026
FERC's Grid Planning Policy Revamp Is Proper, 4th Circ. Told
Clean energy supporters and blue state officials are backing the Federal Energy Regulatory Commission's overhaul of its regional transmission planning policy, telling the Fourth Circuit that the agency properly exercised its authority while ensuring states have a seat at the planning table.
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February 05, 2026
White House Willing To Discuss Some Dem DHS Reforms
White House press secretary Karoline Leavitt hinted Thursday at some possible cooperation to the Democrats' reform plan for the U.S. Department of Homeland Security, but she did not elaborate on what that would be.
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February 05, 2026
Trade Court OKs Zero-Rate Duty For Thai Steel Pipes
The U.S. Court of International Trade sustained a U.S. Department of Commerce redetermination finding a Thai steel pipe company is subject to a zero-rate antidumping duty, rejecting an intervening U.S. company's argument that Commerce improperly failed to consider adverse facts during the remanded deliberations.
Expert Analysis
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Opinion
It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs
The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.
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Opportunities Amid The Challenges Of Trump's BIS Shake-Up
The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.
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How SEC Civil Penalties Became Arbitrary: The Data
Data regarding how the U.S. Securities and Exchange Commission has adhered to its own civil penalty rules over the past 20 years reveals that awards are no longer determined in accordance with the guidelines imposed on the SEC by the securities laws, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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Postconviction Law In 2026: A Recalibration, Not A Revolution
As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.
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OCC's New Fee Clearance Shows Further Ease Around Crypto
The Office of the Comptroller of the Currency's recent holding that banks can use crypto-assets to pay certain blockchain network fees shows that the OCC is further warming to the idea that organizations are using new methods to do "the very old business of banking," say attorneys at Jones Day.
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How SEC Civil Penalties Became Arbitrary: The Framework
An examination of how the U.S. Securities and Exchange Commission has recently applied guidelines governing the imposition of monetary penalties in enforcement actions shows that civil penalty awards in many cases are inconsistent with the rules established to structure them, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Opinion
Faulty Legal Assumptions Obscure Police Self-Defense Law
As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.
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Why 2026 Could Be A Bright Year For US Solar
2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.
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2026 Int'l Arbitration Trends: Tariffs Drive Transformation
In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.
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What Productivity EO May Mean For Defense Industrial Base
President Donald Trump’s recent executive order barring stock buybacks and dividend payments by "underperforming" defense contractors represents a significant policy shift from traditional oversight of the defense industrial base toward direct intervention in corporate decision-making, say attorneys at Holland & Knight.
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What's New In ISS' Benchmark Voting Policy Updates For 2026
Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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AG Watch: Calif. Fills Federal Consumer Protection Void
California's consumer protection efforts seem to be intensifying as federal oversight wanes, with Attorney General Rob Bonta recently taking actions related to buy now, pay later products, credit reporting and medical debt, consumer credit discrimination, and the use of artificial intelligence in consumer services, say attorneys at Cooley.