Public Policy

  • January 29, 2026

    Minn. County Appeals 3,000-Acre Land Trust Order At 8th Circ.

    A Minnesota county and two of its townships are appealing to the Eighth Circuit a lower court's order that dismissed a challenge to a U.S. Department of Interior decision to take more than 3,000 acres into trust for the Mille Lacs Band of Ojibwe.

  • January 29, 2026

    Bondi Elevates Pa. US Atty Amid Appointments Scrutiny

    The first assistant U.S. attorney for the Western District of Pennsylvania is being retained and elevated to full U.S. attorney, Attorney General Pamela Bondi announced Thursday, though the appointment will have to remain temporary or he could face the same questions about his appointment as other top prosecutors in President Donald Trump's administration.

  • January 29, 2026

    ADA Settlement Brings Changes To Detroit Courthouses

    A settlement in an Americans with Disabilities Act class action brought by two attorneys and a community activist will lead to ADA-compliant upgrades like private bathrooms, accessible voting machines and new signage at municipal buildings serving Detroit and Wayne County.

  • January 29, 2026

    GOP-Led Crypto Bill Clears Senate Panel In Party-Line Vote

    The Senate Agriculture Committee advanced a Republican-led proposal to regulate crypto markets on Thursday with a vote that fell starkly along party lines after Democrats made clear they would not support the bill without provisions to prevent public officials from profiting from crypto ventures.

  • January 29, 2026

    Interior Dept. Says NY Can't Overcome Offshore Wind Halt

    The Trump administration has urged a D.C. federal court to reject New York's attempt to undo the suspension of an Ørsted subsidiary's offshore wind project, saying the state has only claimed distant and derivative economic harm.

  • January 29, 2026

    Official Defends Atty Access At Fla. Detention Center

    Attorney access at the immigration detention center in Florida's Everglades "far exceeds" standards for allowing legal representation than what Florida has in its prison system, a state corrections officer testified Thursday as a federal court considered a proposed class action.

  • January 29, 2026

    Ga. Gov. Hopeful Wants 11th Circ.'s Take On Cash Limits

    Georgia Secretary of State and gubernatorial hopeful Brad Raffensperger said Wednesday he would ask the Eleventh Circuit to review a federal judge's decision from the day before shooting down yet another challenge to a state law allowing a rival in the race to rake in unlimited campaign cash.

  • January 29, 2026

    Dispensaries Sue Hawaii Over Criminalizing Hemp Products

    Two dispensary owners are suing Hawaii's attorney general and the Hawaii State Department of Health, alleging that the state's new law regulating hemp products is preempted by the 2018 Farm Bill and violates the supremacy clause by criminalizing conduct Congress legalized.

  • January 29, 2026

    U. Of Edinburgh Repatriates Historic Muscogee Remains

    Scotland's University of Edinburgh is returning the remains of six Muscogee (Creek) Nation individuals in what it says it believes is the first international repatriation of Native American ancestral remains to the United States' mainland.

  • January 29, 2026

    4th Circ. Wary Of Kicking Up 'Sandstorm' On Deferred Comp.

    The Fourth Circuit appeared reluctant Thursday to revive a proposed class action brought against Bank of America and Merrill by an ex-financial adviser who said he was shorted deferred compensation, as judges questioned whether federal benefits law applied to payments that looked like bonuses.

  • January 29, 2026

    Calif. City Settles Tenants' Wildfire Contamination Claims

    The California city of Pasadena has agreed to settle claims filed by local residents who alleged in California state court that the city failed to conduct "adequate inspections" for homes that were contaminated with "toxic smoke, ash and soot" caused by the Eaton wildfires that occurred in January 2025.

  • January 29, 2026

    Mass. AG Sues 9 Towns To Enforce Housing Law

    The Massachusetts attorney general on Thursday sued nine towns that have not complied with a controversial state housing initiative requiring them to allow multifamily housing in at least a portion of their communities.

  • January 29, 2026

    Clemency Favors White Collar Offenders, New Study Shows

    White collar criminal defendants are more likely than other types of offenders to receive presidential pardons, especially under the Trump administration, a new analysis of clemency actions shows, raising concerns about a system one expert called "broken."

  • January 29, 2026

    Utah House Bill Would Require Tax Hike Notice, Set Limits

    Utah would require taxing entities to provide notice of their intent to levy a property tax rate above a statutorily defined base rate and impose limits on property tax increases under a bill introduced in the state House of Representatives.

  • January 28, 2026

    ICE Violated Nearly 100 Court Orders, Minn. Judge Says

    The Minnesota federal court's chief judge admonished U.S. Immigration and Customs Enforcement on Wednesday for violating nearly 100 court orders concerning the Trump administration's immigration enforcement operations in Minnesota while another judge, on the same day, temporarily blocked ICE from unlawfully arresting and detaining refugees in the North Star State.

  • January 28, 2026

    Mid-America Inks $53M Deal In RealPage Landlord MDL

    Mid-America Apartment Communities Inc. revealed in a U.S. Securities and Exchange Commission filing Wednesday that it will pay $53 million to settle out of multidistrict antitrust litigation alleging some of the largest landlords in the country used RealPage Inc.'s software to fix rent prices for residential properties.

  • January 28, 2026

    Trade Secret Filings Hit Record High In 2025, Report Finds

    Trade secret litigation reached an all-time high in 2025, with more than 1,500 federal cases filed for the first time ever, according to a new report by legal analytics firm Lex Machina, which also highlights trends about damages, the busiest courts and the law firms most frequently involved.

  • January 28, 2026

    Powell Says Cook Case May Be 'Most Important' In Fed History

    Federal Reserve Chair Jerome Powell said Wednesday that President Donald Trump's U.S. Supreme Court bid to oust Fed Gov. Lisa Cook represents "perhaps the most important" case in the history of the central bank, defending his move to attend the high court's recent hearing on the matter.

  • January 28, 2026

    Unions Say FEMA Staff Cuts Threaten Disaster Readiness

    A coalition of unions, nonprofit organizations and local governments that are challenging the Trump administration's federal worker layoffs and agency reorganizations asked a California federal judge Tuesday for permission to add the Federal Emergency Management Agency as a defendant, saying ongoing staff cuts threaten its legally mandated responsibility to respond to disasters.

  • January 28, 2026

    Subcontractor Says Fluor Shut It Out Of Work On NM Wildfires

    A subcontractor has told a Texas federal court that Fluor Corporation was in cahoots with another subcontractor to push it out of the disaster relief staffing market relating to the 2022 New Mexico wildfires, saying Fluor violated federal antitrust law.

  • January 28, 2026

    NJ Prep School Can't Arbitrate Student's Sex Assault Suit

    A New Jersey appeals court on Wednesday refused to send to arbitration a suit seeking to hold the prestigious Lawrenceville School liable for the sexual assault of a student, saying a federal statute that bars arbitration for certain sexual assault cases renders irrelevant the school's argument about a later-signed agreement.

  • January 28, 2026

    Ex-Detainees Detail Conditions At Florida Immigration Facility

    Former detainees testified Wednesday in Florida federal court about conditions at an Everglades immigration facility, recalling that they weren't able to speak with attorneys and had to write down phone numbers for counsel using bars of soap.

  • January 28, 2026

    Dems Call For Release Of 5-Year-Old Detained By ICE In Texas

    A coalition of Texas elected officials and community leaders called on the U.S. Department of Homeland Security on Wednesday to immediately release a father and his 5-year-old son from an immigration detention facility in southern Texas after they were detained last week in Minnesota.

  • January 28, 2026

    Rubio Says There's No Plan For Military Action In Venezuela

    Secretary of State Marco Rubio told lawmakers on Wednesday that future military action is not off the table in Venezuela but that the Trump administration has no intention to take such action at this time, while laying out plans to "normalize" the country's oil industry.

  • January 28, 2026

    Senators Question If FirstNet, AT&T Need More Oversight

    A U.S. Senate panel Wednesday examined calls to reform the national first responder network and to rework AT&T's 25-year exclusive contract to provide network coverage for emergency personnel across the country.

Expert Analysis

  • Key Policy Moves Are Powering Nuclear Growth

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    The past year has seen a shift toward strong federal support for new nuclear power generation, and both recent and anticipated policy developments are likely to encourage progress toward that goal — but making sure that this momentum continues may be the hard part, say attorneys at Balch & Bingham.

  • Rescheduling Cannabis Marks New Tax Era For Operators

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    As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the signifcant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • OCC Rulemaking May Clear Haze Around Trust Banks' Scope

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    A recent Office of the Comptroller of the Currency proposal at last eliminates uncertainty around whether national trust banks can engage in nonfiduciary activities, but it does not address which activities are permissible or whether a minimum amount of fiduciary activity is required, say attorneys at Davis Polk.

  • Expect Major Shifts In Patent And Trademark Policy This Year

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    New leadership and initiatives promise to bring consequential changes to the U.S. Patent and Trademark Office's practices in 2026, likely favoring patent allowance and issuance, as well as streamlining trademark processes, say attorneys at Knobbe Martens.

  • How FERC Is Shaping The Future Of Data Center Grid Use

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    Two recent orders from the Federal Energy Regulatory Commission affecting the PJM Interconnection and Southwest Power Pool regions offer the first glimpse into how FERC will address the challenges of balancing resource adequacy, grid reliability and fair cost allocation for expansions to accommodate artificial intelligence-driven data centers, say attorneys at Husch Blackwell.

  • Digital Assets May Be In For A Growth Spurt In 2026

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    All signs point to an acceleration in digital asset product and service innovation throughout 2026, and while questions of first impression still need to be addressed, some legal issues will be clarified, spurring developments namely on the tokenization and stablecoin fronts, say attorneys at Skadden.

  • Series

    Judges On AI: How Judicial Use Informs Guardrails

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    U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

  • What Businesses Offering AI Should Expect From The FTC

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    The Federal Trade Commission's move to reopen and set aside an administrative order against Rytr shows that the FTC is serious about executing on the administration's Artificial Intelligence Action Plan, and won't stand in the way of businesses offering AI products with pro-consumer, legitimate uses, say attorneys at Reed Smith.

  • Evenflo IP Ruling Shows Evidence Is Still Key For Injunctions

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    Notwithstanding renewed policy and doctrinal attention to patent injunctions, the Federal Circuit's December decision in Wonderland v. Evenflo signals that the era of easily obtained patent injunctions has not yet arrived, say attorneys at King & Wood.

  • Justices' Med Mal Ruling May Spur Huge Shift For Litigators

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    The U.S. Supreme Court’s recent decision in the medical malpractice suit Berk v. Choy, holding that a Florida procedural requirement does not apply to medical malpractice claims filed in federal court, is likely to encourage eligible parties to file claims in federal court, speed the adjudicatory process and create both opportunities and challenges for litigators, says Thomas Kroeger at Colson Hicks.

  • Challenging Restitution Orders After Supreme Court Decision

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    The U.S. Supreme Court’s Ellingburg v. U.S. decision from last week, holding that mandatory restitution is a criminal punishment subject to the Sixth Amendment, means that all challenges to restitution are now fair game if the amount is not alleged in the indictment, say Mark Allenbaugh at SentencingStats.com and Doug Passon at Doug Passon Law.

  • State Of Insurance: Q4 Notes From Pennsylvania

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    Last quarter in Pennsylvania, a Superior Court ruling underscored the centrality of careful policy drafting and judicial scrutiny of exclusionary language, and another provided practical guidance on the calculation of attorney fees and interest in bad faith cases, while a proposed bill endeavored to cover insurance gaps for homeowners, says Todd Leon at Marshall Dennehey.

  • Ag Bill Wording Presents Existential Threat To Hemp Industry

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    A proposal in the agriculture appropriations bill for fiscal year 2026, which excludes almost everything synthesized from cannabis from the legal definition of “hemp,” would have catastrophic consequences for thousands of farmers, medical researchers and businesses by banning everything from intoxicating delta-9 THC products to topical CBD creams, says Alissa "Ali" Jubelirer at Benesch.

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