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Public Policy
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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.
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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.
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February 18, 2026
States, Unions Urge DC Circ. 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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February 17, 2026
No Need To Reopen Asbestos Suit, Insurance Exchange Says
An insurance exchange for the trucking industry has told a California federal judge he does not need to reopen its case against a group of reinsurers as the parties battle whether to remove a "side-switching" arbitrator, explaining that a New York state court will likely rule soon on the issue.
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February 17, 2026
Judge Trims Moderna's Defenses In COVID Patent Suit
A federal judge sitting in Delaware on Tuesday ruled that Moderna could not use obviousness to defend itself from patent claims brought by a rival vaccine developer since it already used that as a defense in related Patent Trial and Review Board proceedings, saying that Moderna had offered expert opinions to support a defense that the patents don't sufficiently teach about the claimed invention.
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February 17, 2026
Harvard Beats Suit By Prof Denied Tenure After Viral Incident
Harvard University scored a pretrial win Tuesday in a Massachusetts state court suit brought by a professor who said the school wrongly denied him tenure after several incidents, including emails to a Chinese restaurant over a $4 overcharge that went viral.
Expert Analysis
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Cybersecurity Must Remain Financial Sector's Focus In 2026
In 2026, financial institutions face a wave of more prescriptive cybersecurity legal requirements demanding clearer governance, faster incident reporting, and stronger oversight of third-party and AI-driven risks, making it crucial to understand these issues before they materialize into crises, say attorneys at Sidley.
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Presidential Pardon Brokering Can Create Risks For Attys
The emergence of an apparent “pardon shopping” marketplace, in which attorneys treat presidential pardons as a market product, may invite investigative scrutiny of counsel and potential criminal charges grounded in bribery, wire fraud and other statutes, says David Klasing at The Tax Law Offices of David W. Klasing.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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5 Drug Pricing Policy Developments To Watch In 2026
2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Opinion
What Justices Got Right In Candidate Standing Ruling
The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.
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5 Compliance Takeaways From FINRA's Oversight Report
The priorities outlined in the Financial Industry Regulatory Authority's recently released annual oversight report focus on the organization's core mission of protecting investors, with AI being the sole new topic area, but financial firms can expect further reforms aimed at efficiency and modernization, say attorneys at Armstrong Teasdale.
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How SEC Civil Penalties Became Arbitrary: 3 Potential Fixes
Data shows that the U.S. Securities and Exchange Commission's seemingly unlimited authority to levy monetary penalties on market participants has diverged far from the federal securities laws' limitations, but three reforms can help reverse the trend, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.
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Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits
The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.
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Regulatory Uncertainty Ahead For Organ Transplant System
Pending court cases against a Centers for Medicare and Medicaid Services final rule that introduced a competition-centric model for assessing organ procurement organizations' performance will significantly influence the path forward for such organizations and transplant hospitals, say attorneys at Crowell & Moring.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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What Texas Can Learn From La. About CO2 Well Primacy
The U.S. Environmental Protection Agency's granting Texas primary authority over wells used to inject carbon dioxide into deep rock formations is a significant step forward for carbon capture and storage projects in the state — but Louisiana's experience after it was granted primacy offers a cautionary tale, say attorneys at Phelps Dunbar.
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How Payments Law Landscape Will Evolve In 2026
After a year of change across the payments landscape, financial services providers should expect more innovation and the pushing of regulatory boundaries, but should stay mindful that state regulators and litigation will continue to challenge the status quo, say attorneys at Troutman.
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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.