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Public Policy
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March 04, 2026
Justices Limit Courts' Purview Over Persecution Findings
The U.S. Supreme Court on Wednesday restrained federal courts' ability to review determinations from the Board of Immigration Appeals over whether the past mistreatment of asylum seekers constitutes persecution, saying courts must apply a deferential substantial evidence review to the board's judgment.
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March 04, 2026
Supreme Court Rejects NJ Immunity Defense In NY, Pa. Suits
The U.S. Supreme Court ruled Wednesday that New Jersey cannot shield its public transit system from personal injury lawsuits by out-of-state plaintiffs under the doctrine of sovereign immunity.
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March 03, 2026
OCC Clears Faster Merger, Licensing Path For Smaller Banks
The Office of the Comptroller of the Currency on Tuesday expanded fast-track merger review and licensing pathways for banks under $30 billion in assets, its latest move to advance the Trump administration's deregulatory push for so-called community banks.
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March 03, 2026
Trump Plan To Reopen Coal Plant Is Illegal, Wash. AG Says
Washington state's attorney general and five environmental watchdogs are challenging the Trump administration's effort to reopen a decommissioned coal power plant in Chehalis, Washington, arguing that the U.S. Department of Energy lacks the authority to force the plant back into operation.
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March 03, 2026
Squires' Restrictions On Conflicts May Have Little Effect
U.S. Patent and Trademark Office Director John Squires has barred patent examiners from evaluating applications for companies where they have any financial interest, rather than a former $15,000 cap, but attorneys raised concerns that the scope of his changes is small, and there are no consequences for not complying.
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March 03, 2026
EPA Fights Fluoridated Water IQ Risk Finding At 9th Circ.
The U.S. Environmental Protection Agency urged the Ninth Circuit on Tuesday to reverse a ruling that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ, arguing that the trial judge improperly held his ruling in abeyance for years to await more scientific evidence.
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March 03, 2026
FCC Asks If Int'l Regulatory Barriers To Space Biz Are Fair
The Federal Communications Commission is wondering if other countries are treating U.S. satellite companies with the same equality that the United States has shown to satellite entrants from other nations and whether the agency ought to do something to level the playing field.
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March 03, 2026
Split 9th Circ. Tells EPA To Review Cadmium's Species Impact
The U.S. Environmental Protection Agency must analyze how its revised water quality standards for cadmium would affect endangered species, a split Ninth Circuit ruled Tuesday, upholding a conservation organization's victory in a lawsuit over the agency's guidance tripling the levels of the heavy metal allowed in U.S. waters.
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March 03, 2026
Tunnel Funding Freeze Fight Is In Wrong Court, 2nd Circ. Told
New York and New Jersey's federal lawsuit challenging a freeze on Gateway Tunnel funding must be dismissed because it falls within the exclusive jurisdiction of the U.S. Court of Federal Claims, the U.S. Department of Transportation argued to the Second Circuit on Tuesday.
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March 03, 2026
New Whistleblower Program Adds 'Bit More Stick,' DOJ Says
The U.S. Department of Justice Antitrust Division's new whistleblower rewards program partnership with the U.S. Postal Service doesn't displace the leniency program by which companies disclose potential price-fixing and other antitrust violations, a DOJ official said Tuesday in Washington, D.C., but it is an important complement.
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March 03, 2026
7th Circ. Expedites Bank Appeal Of Ill. Swipe-Fee Law
The Seventh Circuit granted banking and credit union trade groups' bid to fast-track their appeal over the Illinois Interchange Fee Prohibition Act after they asked to schedule the case for a decision before the law banning swipe fees on tax and tip payments takes effect July 1.
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March 03, 2026
Dems Want Investigation Into DHS Location Data Buys
Dozens of Democratic lawmakers on Tuesday asked a federal watchdog to investigate whether the U.S. Department of Homeland Security restarted a program to buy location data on Americans without warrants.
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March 03, 2026
XAI Presses Judge To Block California's AI Disclosure Law
XAI has told a California federal judge that the state had fallen short of its obligations to inform the court and the company if it planned to institute any enforcement actions when responding to a court order, with xAI reiterating its request for the court to block a law that would require data used to train artificial intelligence be disclosed.
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March 03, 2026
Judge Says Accounts Of DOJ And FEMA 'Completely Different'
A California federal judge overseeing a lawsuit by federal worker unions, local governments and nonprofits challenging Trump administration layoffs expressed deep frustration Tuesday after a U.S. Department of Justice attorney contradicted a senior Federal Emergency Management Agency official's sworn declaration in the case.
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March 03, 2026
Iran War Has Oil & Gas Dealmakers Holding Their Breath
Oil and gas dealmakers are cautiously optimistic they can ride out any immediate energy market volatility caused by the U.S. and Israel-Iran war, but the potential for disrupted transactions will grow if the conflict drags on, or continues to provoke Middle East neighbors.
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March 03, 2026
Iridium Challenges 'Spectrum Hoarder' Ligado's SkyTerra Plan
Iridium has urged the Federal Communications Commission to reject Ligado Networks' push for a carveout from licensing rules to allow AST to build a new satellite constellation in the L-band airwaves, saying it could interfere with other users.
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March 03, 2026
Fla. House Passes Land Use Bill With Local Preemptions
The Florida House on Tuesday passed a bill weakening local government control over land use law with steps that its sponsor said are necessary to address a housing affordability crisis but that critics decried as a handout to developers.
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March 03, 2026
House OKs Effort To Ease Broadband Builds On Federal Land
The U.S. House voted Tuesday to direct land management agencies to study how they can ease the process for allowing broadband infrastructure to run through public lands.
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March 03, 2026
Apple Asks 9th Circ. To Rethink Part Of App Store Injunction
Apple asked the Ninth Circuit to reconsider part of a panel decision that largely affirmed an injunction in the case being brought by Epic Games Inc. that blocked the tech giant from charging developers "prohibitive" commissions on iPhone app purchases made outside its payment systems.
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March 03, 2026
Mass. Sheriff Must Face Pot Extortion Charges
A federal judge on Tuesday denied a request by a Massachusetts sheriff to toss charges that he used his position to obtain pre-initial public offering shares in a cannabis dispensary and a refund when their value dropped.
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March 03, 2026
Ex-FDA Leaders Rebut Contraception Rollbacks At 3rd Circ.
Former FDA commissioners argued that Trump-era religious exemptions for birth control coverage jeopardize public health and distort medical science, in an animus brief filed Monday with the Third Circuit.
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March 03, 2026
NC Town Must Face Firefighter's Retaliation, Free Speech Suit
A former part-time fire chief who accused a North Carolina town of terminating him after he sought to improve firefighter pay and benefits can proceed with his retaliation lawsuit, as a North Carolina federal court said it's too early to know if his ex-employer is immune from the suit.
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March 03, 2026
Conn. Beats Challenge To Open Carry Ban, Handgun Limits
Two gun owners and an Idaho-based nonprofit lack standing to sue a Connecticut prosecutor in an effort to invalidate the state's open carry ban and its three-per-month limitation on handgun purchases, a federal judge has ruled.
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March 03, 2026
Wash., Cities Say Pandemic Eviction Moratoria Suit Is Too Late
Washington and a host of municipal governments throughout the state urged a federal court to toss landlords' suit challenging several pandemic-era eviction moratoria, arguing the claims are barred by a three-year statute of limitations.
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March 03, 2026
GOP Pushes For DHS Funding Amid War With Iran
Republicans are putting pressure on Democrats to support funding for the U.S. Department of Homeland Security as the U.S. and Israel-Iran war continues.
Expert Analysis
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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.
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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.