Public Policy

  • 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.

  • 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.

  • 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.

  • 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.

  • February 17, 2026

    9th Circ. Clears Way For Nev. Gaming Action Against Kalshi

    The Ninth Circuit on Tuesday denied Kalshi's request to keep its sports event contracts safe from Nevada gaming regulators, clearing the way for the state to bring a civil enforcement action against the online trading platform.

  • February 17, 2026

    FCC's Equal Time Stance Blasted As Colbert Tanks Interview

    Progressives called the Federal Communications Commission's rollout of equal-time policies against late-night talk shows slanted after Stephen Colbert blamed the FCC for being forced to move an interview with a Democratic Senate candidate off the air.

  • February 17, 2026

    DOJ Cites Gun Ban For Mentally Ill In Cannabis User Case

    The U.S. Department of Justice told the Eighth Circuit not to excuse a man's conviction for possessing a firearm while being an unlawful cannabis user, arguing federal law limiting his rights is constitutional since it's analogous to historical laws preventing the mentally ill or dangerous drunkards from owning guns.

  • February 17, 2026

    Union Foe Can't Fight Ore. Impostor Ban, Court Told

    Accepting a conservative think tank's challenge to an Oregon law that threatens fines for impersonating public-sector unions would clash with decades of precedent on the state's exposure to enforcement challenges, a union attorney said Tuesday in arguments on its bid to toss the suit.

  • February 17, 2026

    Judge Rips Drugmakers' Borderline 'Disingenuous' Appeal Bid

    A Connecticut federal judge has rejected generic-drug makers' request for a quick appeal of his ruling denying them summary judgment on states' claims they engaged in an "overarching conspiracy" to fix prices, slamming the request for being borderline "disingenuous," mischaracterizing his reasoning and ignoring direct evidence of alleged wrongdoing.

  • February 17, 2026

    Ga. Panel Says Union Shorted Cop's Defense Over Shooting

    A Georgia appellate panel on Tuesday upheld a trial court's ruling that a police union breached its contract with a former Atlanta officer by failing to furnish him with legal representation after a high-profile shooting, clearing the way for the case to proceed to trial.

  • February 17, 2026

    SEC's Atkins Floats Litigation 'Safe Harbor' For Public Cos.

    U.S. Securities and Exchange Commission Chairman Paul Atkins on Tuesday put forth a raft of ideas for encouraging shorter corporate disclosures, including a possible "safe harbor" for publicly traded companies looking to avoid shareholder lawsuits for failing to report the impact of highly publicized events on their businesses.

  • February 17, 2026

    County's Tourism Tax Use Was Reasonable, NC Justices Told

    Counsel for a coastal North Carolina county told the state's Supreme Court justices Tuesday that commissioners' decision to spend occupancy tax dollars on public safety and infrastructure wasn't arbitrary and capricious, while opining that buying carnival equipment for their own pleasure might be.

  • February 17, 2026

    Immigration Judge Halts Student's Deportation Over Speech

    An immigration judge has ended the Trump administration's attempt to deport Columbia University student and green card holder Mohsen Mahdawi, dinging the government for failing to authenticate evidence that he's removable for threatening U.S. foreign policy goals.

  • February 17, 2026

    Law Professors Sue EEOC For Firm DEI Letter Records

    Two professors at law schools in Michigan and Florida have sued the Equal Employment Opportunity Commission in D.C. federal court, seeking documents related to 20 letters the agency sent to law firms over their purported diversity, equity and inclusion practices.

  • February 17, 2026

    FCC Threatens To Nix Mich. Radio Licenses Over Unpaid Fees

    The Federal Communications Commission said it will yank the licenses for seven Michigan radio stations if the company that holds the licenses fails to pay the regulatory fees it has been delinquent on for several years.

  • February 17, 2026

    States Say FEMA Ignoring Disaster Mitigation Funding Order

    Two months after a federal judge ruled that the Trump administration's cancellation of a federal disaster mitigation program was illegal, the government has not shown any signs of restoring it, a coalition of states said Tuesday.

Expert Analysis

  • How Developers Can Harness New Texas Zoning Framework

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    A Texas law introducing a new zoning framework has the potential to unlock meaningful multifamily development opportunities, but developers and their project teams should follow four steps to help identify how affected cities are interpreting and implementing the new law, says Angela Hunt at Munsch Hardt.

  • Where States Jumped In When SEC Stepped Back In 2025

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    The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.

  • 2026 Enforcement Trends To Expect In Maritime And Int'l Trade

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    The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.

  • 2026 State AI Bills That Could Expand Liability, Insurance Risk

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    State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.

  • Streamlining Product Liability MDLs With AI And Rule 16.1

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    With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.

  • USCIS Asylum Pause Could Drive Federal Mandamus Filings

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    U.S. Citizenship and Immigration Services' recent freeze on asylum applications is likely to accelerate Administrative Procedure Act unreasonable delay and writ of mandamus filings, making it important for practitioners handling such cases to familiarize themselves with the mandamus framework and evidentiary standards, says Kemal Hepsen at Mandamus Lawyers.

  • SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models

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    The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.

  • How Mamdani Will Shift NYC Employment Law Enforcement

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    Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

  • Opinion

    DHS' Parole Termination Violates APA And Due Process

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    The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.

  • 2025's Most Notable State AG Activity By The Numbers

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    State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

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    Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

  • Montana Ruling Reaffirms Record-Based Enviro Analyses

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    A Montana federal court's recent decision in Center for Biological Diversity v. U.S. Forest Service, vacating permits for logging near Yellowstone National Park, is a reminder that, despite attempts to pare back National Environmental Policy Act reviews, agencies must still properly complete such reviews before projects are approved, say attorneys at ArentFox Schiff.

  • Banking M&A Outlook Reflects Favorable Regulatory Climate

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    The banking mergers and acquisitions environment is starting 2026 with a rare alignment of favorable market conditions and a more permissive regulatory atmosphere, creating a clear window for banks to pursue transformative combinations and shape the competitive landscape, say attorneys at Reed Smith.

  • How Rule 16.1 Streamlines And Validates Mass Tort Litigation

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    The new Rule 16.1 of the Federal Rules of Civil Procedure not only serves a practical purpose by endorsing early, structured case management and dispositive motion practice in multidistrict litigation, but also explicitly affirms the importance of MDL practice in the justice system, says Rocco Strangio at Milestone.

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