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Public Policy

January 26, 2026
Colo. High Court Says Xcel's Immunity Bid Went Too Far

A Colorado regulatory agency lacked the authority to approve a tariff limiting Xcel Energy's liability from a man's personal injury claim, the Colorado Supreme Court held Monday in a ruling that also rejected an appellate court's finding that the tariff does not extend to non-Xcel customers.
January 26, 2026
8th Circ. Rejects DOJ Bid For Minn. Church Protest Warrants

An Eighth Circuit panel denied the Trump administration's push to secure arrest warrants for five people it accused of unlawfully disrupting a church service to protest immigration enforcement operations in Minneapolis after a federal judge refused to issue them.
January 26, 2026
Tribe, Enviro Groups Look To Vacate Alaska Gold Mine Permit

Conservation groups and an Alaskan tribe are seeking to void a U.S. Army Corps of Engineers permit to expand gold mining operations at the headwaters of the Johnson River, arguing that the agency violated a slew of environmental laws regarding potential effects to Cook Inlet beluga whales.
January 26, 2026
Justices' FCC Review Could Reshape IRS Penalty Disputes

The U.S. Supreme Court's upcoming review of a pair of cases questioning the validity of the Federal Communications Commission's penalty authority could have ripple effects that further delineate the Internal Revenue Service's authority to impose penalties.
January 26, 2026
Google Targets Publishers' Ad Tech Claims

Google asked a New York federal judge to cut out a wide swath of antitrust claims from multidistrict litigation targeting its advertising placement technology dominance, assailing in separate briefs allegations from a class of website publishers and from the Daily Mail and Gannett.
January 26, 2026
Fed. Gov't Refiles Suit Demanding Ga. Voting List

A federal judge in Macon, Georgia, cited lack of jurisdiction Friday as he tossed a lawsuit by the Trump administration demanding the state hand over an unredacted voter registration list, prompting the federal government to refile the suit in Atlanta.
January 26, 2026
3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit

A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.
January 26, 2026
Sens. Offer Crypto Bill Amendments As Storm Delays Markup

The Senate Agriculture Committee said Monday that it will postpone its markup of a bill to regulate crypto markets to Thursday in light of the weekend's winter storm, while Democrats submitted proposals to insert ethics language and ensure appointments to the U.S. Commodity Futures Trading Commission.
January 26, 2026
Fla. Panel Sides With State Over Signatures For Pot Initiative

A Florida state appeals court sided with officials over invalidating more than 70,000 signatures collected for a potential ballot initiative that would legalize recreational cannabis in the Sunshine State, saying emailed directives handed down to county election supervisors regarding petition verification weren't unlawful.
January 26, 2026
Bankrupt Biz Can't Avoid Pension Obligations, 4th Circ. Says

A defunct construction business owes the International Painters and Allied Trades Industry Pension Fund about $1.6 million, a Fourth Circuit panel said Monday, affirming a lower court's decision that the fund's lawsuit seeking payment was filed on time.
January 26, 2026
Disarming Cannabis Users Is Unconstitutional, Justices Told

A Texas man charged with illegally possessing a gun as a regular cannabis user told the U.S. Supreme Court that the government had no more right to disarm him than it had to restrict the gun use of people who drank on the weekends.
January 26, 2026
Canada Says China Tariff Agreement Isn't Free Trade Deal

Canadian Prime Minister Mark Carney and the country's foreign affairs minister downplayed the country's recent tariff deescalation with China, indicating Canada will not pursue a free trade agreement with China as President Donald Trump threatened a 100% tariff this weekend over the deal.
January 26, 2026
Dooney & Bourke Accused Of Misleading Email Sales Tactics

Handbag and leather goods brand Dooney & Bourke Inc. violated a Washington State law by sending email blasts offering repeated "last chance" sales with just "hours left" for consumers to purchase advertised products, according to a lawsuit recently removed to federal court.
January 26, 2026
Oklahoma Tribes 'Misunderstand' Gaming Law, Court Told

Oklahoma Gov. Kevin Stitt and the federal government are asking a D.C. federal court for a summary judgment win in a dispute over Class II gaming compacts, arguing that the four tribes challenging the agreements misunderstand the Indian Gaming Regulatory Act's approval framework.
January 26, 2026
Full 3rd Circ. Passes On Alina Habba DQ Challenge

The Third Circuit on Monday declined to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, denying the Justice Department's petition for rehearing and leaving intact a decision that sharply curtailed the government's use of creative maneuvers to install interim federal prosecutors.
January 26, 2026
USA Rare Earth Secures $3.1B Of Federal And Private Funding

Mining company USA Rare Earth Inc. on Monday announced that it is set to receive $3.1 billion of new funding through collaborations with the U.S. government and a private investment in public equity funding commitment, in deals shaped by three law firms.
January 26, 2026
35 AGs Demand X Crack Down On Grok Sexual Deepfakes

A group of 35 attorneys general sent a letter to xAI, an arm of the social media network formerly known as Twitter, to demand stronger action curtailing its Grok chatbot from altering pictures on its site to be sexually explicit or revealing.
January 26, 2026
NJ Court Revives UAW's Casino Smoking Law Challenge

A New Jersey state appeals court revived a challenge to a state law allowing people to smoke in casinos Monday, giving the United Auto Workers another chance to argue that the law harms the casino employees it represents by exposing them to secondhand smoke.
January 26, 2026
AI Image Is Not Copyrightable, Gov't Tells High Court

The U.S. government has urged the U.S. Supreme Court to reject an appeal from a computer scientist over whether an image created by an artificial intelligence system he developed can qualify for copyright protection, arguing that existing law clearly limits copyrights to human authors.
January 26, 2026
Suit Over Fatal Fire Can Go To Philippines, Conn. Justices Say

The Connecticut Supreme Court ruled Monday that a trial court conducted the right assessment in deciding that a wrongful death suit over a devastating call center fire belonged in the Philippines, in a defeat for the estate administrator for 29 people who were killed.
January 26, 2026
Fla. Bar Clears Gaetz Despite US House Ethics Report

The Florida Bar has decided to not discipline former U.S. Rep. Matt Gaetz, R-Fla., who was briefly President Donald Trump's pick for attorney general, despite the House ethics committee's findings that Gaetz regularly paid for sex, including with a minor.
January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law

Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
January 26, 2026
DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit

The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.
January 26, 2026
Canada Creates Tax Benefit For Groceries

Canada is rolling out a tax credit for groceries that will raise goods and services tax relief by 25% until 2031, among other measures, the prime minister announced Monday.
January 26, 2026
Calif. Gaming Org. Fights Tribe's Bid To Join $700M Casino Suit

A District of Columbia federal judge on Monday granted the California Gaming Association's amicus brief bid to oppose a California Indian tribe's potential dismissal motion against another tribe's fight with the federal government over a $700 million casino project in Vallejo, California.

Expert Analysis

Reviewing 2025's Most Pertinent Wiretap Developments

2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
2025 Legal Milestones That Will Shape Psychedelics Sector

As 2025 draws to a close, psychedelic drug development stands at an inflection point, experiencing unprecedented momentum through recent sweeping regulatory changes and landmark clinical milestones, amid rapidly evolving regulatory expectations, say Odette Hauke at Odette Alina LLC and Kimberly Chew at Husch Blackwell.
M&A Midmarket Shows Resilience Amid 2025 Challenges

Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.
Del. Dispatch: Key 2025 Corporate Cases And Trends To Know

The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.
Series

Nature Photography Makes Me A Better Lawyer

Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
2025 Brought A New Paradigm For Federal Banking Regulation

A series of thematic shifts defined banking regulation in 2025, including a fundamental reform of prudential supervision, a strategic easing of capital constraints, steps to streamline merger reviews, and a new framework for fair access and entrants seeking to offer banking services, say attorneys at Simpson Thacher.
What 2025 Transpo And Logistics Legal Trends Mean For 2026

2025 was challenging for the transportation and logistics sector, with emergent trends including dramatic federal policy shifts, developments in tort risk, and a host of mergers and acquisitions — but a review of these themes offers a useful playbook for where the industry is headed in 2026, says Jonathan Todd at Benesch.
How Cos. Can Roll With NY's New Algorithmic Pricing Rules

Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
2025 State AI Laws Expand Liability, Raise Insurance Risks

As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
Series

Law School's Missed Lessons: Practical Problem Solving

Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
Crypto In 2025: From Federal Deregulation To State Action

The cryptocurrency enforcement landscape evolved in 2025, marked by federal deregulatory trends and active state attorney general enforcement, creating both opportunity and risk for businesses navigating the digital asset market, say attorneys at Cozen O'Connor.
How CFTC Enforcement Shifted In 2025 And What's Next

The U.S. Commodity Futures Trading Commission pivoted sharply under acting Chairman Caroline Pham in 2025, resulting in a pared-back enforcement docket, sweeping policy changes intended to provide greater transparency, and a renewed focus on fraud prevention and maintaining market integrity for the CFTC's core markets, say attorneys at Moore & Van Allen.
Learning From 2025 FCA Trends Targeting PE In Healthcare

False Claims Act enforcement trends and legislative developments from this year signal intensifying state and federal scrutiny of private equity's growing footprint in healthcare, and the urgency of compliance, says Lisa Re at Arnold & Porter.
Reviewing 2025's State And Federal AI Regulations

In light of increasing state and federal action to oversee the use of artificial intelligence, companies that develop or deploy the technology should keep abreast of current and forthcoming AI laws and consider their applicability to their business activities, says Jessica Brigman at Spencer Fane.
Software Patents May Face New Eligibility Scrutiny

November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.