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Public Policy
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February 03, 2026
Trump Admin Can't Gut CFPB Off The Books, DC Circ. Told
The Consumer Financial Protection Bureau's employee union has urged the full D.C. Circuit to uphold a lower court order blocking sweeping cuts at the agency, arguing the Trump administration's legal theory for lifting the order would allow officials to dismantle an agency so long as they don't "put it in writing."
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February 03, 2026
Pretti Killing Highlights Free Speech And Gun Rights Tension
The killing of Alex Pretti, a 37-year-old U.S. citizen and lawful gun owner, by federal immigration enforcement agents in Minneapolis last month brought to the fore a long-standing tension between two constitutional rights that the U.S. Supreme Court has never resolved, legal experts say.
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February 03, 2026
Netflix, Warner Bros. CEOs Defend Merger Before Congress
In a congressional hearing Tuesday, the CEO of Netflix distanced himself from any notion President Donald Trump has undue influence in the review process of the streaming company's proposed $82.7 billion acquisition of Warner Bros., despite the president's assertion that he will be "involved" with the merger review.
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February 03, 2026
4 Things To Know As DOL Pitches Transparency For PBMs
The U.S. Department of Labor's proposal to require pharmacy benefit managers to give employer-provided health plans detailed information on fees and compensation is a welcome development, benefits attorneys on both sides of the bar say. Here, Law360 looks at four things to know about the proposed regulations.
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February 03, 2026
FCC Says 8th Circ. Media Ruling Clears Path For Deals
The Federal Communications Commission made it clear Tuesday that broadcasters have more leeway to own two leading stations in a local market following the Eighth Circuit's toss last year of the agency's long-standing bar on owning more than one major network affiliate in a single market.
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February 03, 2026
TikTok, Cellspin Duel On Effects Of Sale In Patent Challenge
TikTok has told the U.S. Patent and Trademark Office that the sale of its majority stake in its U.S. operations to a new joint venture should eliminate a patent owner's argument that the app's alleged relationship with the Chinese Communist Party should tank its patent challenges.
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February 03, 2026
Online Betting Co. Beefs Up Penalties For Harassing Athletes
Online betting platform BetMGM will now suspend the accounts of users who harass or direct abuse toward an athlete, coach or other participant in a sporting event, potentially solving a problem leagues and players have tried to address recently.
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February 03, 2026
FCC Hunting For New Cyber Trust Mark Administrator
The Federal Communications Commission will give companies more time to get their bids in to serve as the new administrator of the U.S. Cyber Trust Mark program, after the first one quit in December.
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February 03, 2026
Md. Judge Says Most Of ICE Church Raids Suit Can Proceed
A Maryland federal judge on Tuesday largely rejected the Trump administration's push to escape a coalition of religious organizations' claims that it unlawfully enacted a policy to allow immigration enforcement at churches and other sites that had been largely off-limits.
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February 03, 2026
Cruz Calls Hearing On FCC's 39% Media Ownership Cap
Sen. Ted Cruz, R-Texas, said Tuesday the Senate Commerce Committee will hold a Feb. 10 hearing on media ownership rules, homing in on the Federal Communications Commission's limit on a single broadcaster reaching more than 39% of national audience share.
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February 03, 2026
Trump Admin Sued Over 'Pay-To-Play' Gold Card Program
Immigrants and an academic professionals union filed suit Tuesday to block President Donald Trump's "gold card" visa program, telling a D.C. federal court that the "pay-to-play" program unlawfully takes visas away from professionals the existing employment-based visa system prioritizes.
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February 03, 2026
ShopRite Mogul Wants Name Cleared After Mayoral Bid Row
Grocery store owner and former Philadelphia mayoral hopeful Jeff Brown told a Pennsylvania Commonwealth Court panel Tuesday he was entitled to a "name-clearing hearing" to set the record straight about allegations by the city's Board of Ethics that he improperly coordinated with a political action committee supporting his candidacy.
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February 03, 2026
1st Circ. Mindful Of Justices In 3rd Country Removal Case
A First Circuit panel suggested Tuesday that a U.S. Supreme Court emergency docket stay may constrain its review of a district judge's decision requiring due process for deportees facing removal to so-called third countries where they may face torture.
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February 03, 2026
5th Circ. Unsure Child Online Safety Law Tramples Speech
A Fifth Circuit panel appeared skeptical Tuesday of a tech media trade group's stance that a Mississippi internet safety law is unconstitutional, suggesting that the challenged statute may not implicate speech.
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February 03, 2026
FERC Members Say High Court Helped Speed Up Gas Reviews
The U.S. Supreme Court's landmark decision last year that curtailed federal environmental reviews has translated to faster Federal Energy Regulatory Commission approvals of gas infrastructure projects, commissioners told a congressional energy panel Tuesday.
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February 03, 2026
Md. Cannabis Licensure Unconstitutional, 4th Circ. Told
A California cannabis entrepreneur has urged the Fourth Circuit to revive her constitutional challenge to Maryland's social equity marijuana licensure program, saying the U.S. Constitution's dormant commerce clause must apply to federally unlawful marijuana.
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February 03, 2026
House Dems Press Bessent About IRS Retirement Pay Delays
Democrats on the House Ways and Means Committee demanded answers Tuesday about substantial delays in processing retirement applications for Internal Revenue Service employees who participated in the government's deferred resignation program.
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February 03, 2026
USPTO, With Squires' Signature, Seeks 'Board Of Peace' TMs
The U.S. Patent and Trademark Office has filed a pair of applications for trademarks covering President Donald Trump's Board of Peace, with Director John Squires listed as the attorney pursuing the marks.
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February 03, 2026
NY-NJ Commission Sues Over Frozen Hudson Tunnel Funding
The bi-state commission overseeing the $16 billion rehabilitation of aging commuter train tunnels under the Hudson River between New York and New Jersey has sued the Trump administration, alleging it's illegally withholding federal funds and jeopardizing the project, which is days away from having to shut down construction.
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February 03, 2026
IRS Floats Clean Fuel Credit Rules With Foreign Restrictions
The Internal Revenue Service released long-awaited proposed regulations Tuesday clarifying how domestic transportation fuel producers can qualify for the clean energy fuel tax credit under changes made by Republicans' 2025 budget law, including new foreign restrictions on business owners and feedstock sources.
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February 03, 2026
3rd Circ. Says Contractor Payments Not Payroll Costs For PPP
The Third Circuit sided with the Small Business Administration on Tuesday in the case of an IT company seeking full forgiveness of a $7.2 million Paycheck Protection Program loan, ruling that the SBA was within its rights to deny forgiveness because the company's payments to independent contractors did not count as "payroll costs."
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February 03, 2026
Senate Confirms Picks For Texas, Ark. District Court Seats
The Senate confirmed two U.S. district court judges, for Texas and Arkansas, on Tuesday.
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February 03, 2026
OCC's Ex-Chief Of Enforcement Joins Morgan Lewis In DC
A former acting director of enforcement at the Office of the Comptroller of the Currency has joined Morgan Lewis & Bockius LLP's financial regulatory and enforcement litigation and investment management practices in Washington, D.C., marking his first move into private practice following an extensive career in public service.
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February 03, 2026
Trump Signs Funding Bills, DHS Reform Still To Be Addressed
The House voted 217-214 on Tuesday to pass the five remaining spending bills for fiscal 2026 and a continuing resolution for the U.S. Department of Homeland Security, which kicks off a 10-day sprint for lawmakers to work on reforms to immigration enforcement before triggering another government shutdown.
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February 03, 2026
'Sham' System Denies Ark. Parolees Counsel, Suit Claims
The Arkansas Department of Corrections and its parole board have been hit with a proposed class action in federal court, claiming the state agencies have been refusing to provide a public defender during what the suit calls "sham" parole revocation hearings.
Expert Analysis
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What To Know About NY's Drastic 3rd-Party Practice Changes
Last month, New York Gov. Kathy Hochul signed a law establishing new time limits for the commencement of third-party actions, which will have dramatic effects on insurance defense practice, particularly cases involving construction site accidents or claims of premises liability, says Shawn Schatzle at Lewis Brisbois.
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Series
Mass. Banking Brief: All The Notable Legal Updates In Q4
Among the most significant developments on the banking regulation front in Massachusetts last quarter, Attorney General Andrea Joy Campbell announced her bid for reelection, and the state Division of Banks continued its fintech focus by finalizing rules implementing a new money transmitter law, say attorneys at Nutter.
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3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine
A trio of decisions from courts in the District of Columbia Circuit, including a recent order compelling prosecutors to return materials seized from James Comey’s former attorney, makes clear that continued government possession of digital evidence may implicate the Fourth Amendment, says Gregory Rosen at RJO.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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How Changes At The IRS Will Affect Tax Controversy In 2026
Taxpayers will need to adjust approaches to dealing with the IRS in 2026, as the agency is likely to shift its audit strategies and increases reliance on technology following the significant reductions in funding and personnel last year, say attorneys at Crowell & Moring.
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Chancery Exec Noncompete Ruling Offers PE Buyer Lessons
In Derge v. D&H United Fueling Solutions, the Delaware Court of Chancery sided with a private equity-backed portfolio company by enforcing a noncompete against an executive, providing private equity buyers with a checklist of factors for an enforceable noncompete in the sale-of-business context, says Danielle Asaad at Squire Patton.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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Navigating Workplace AI When Federal, State Policies Clash
Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.
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State AG Enforcement During CFPB Gap Predicts 2026 Trends
State attorneys general responded to the decrease in Consumer Financial Protection Bureau enforcement in 2025 by stepping in to regulate consumer finance more than ever before, and the trends in rebooting CFPB investigations, cracking down on ESG and DEI initiatives, and fighting financial exploitation of homeowners will likely extend into 2026, say attorneys at Cozen O'Connor.
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Trending At The PTAB: The Policies That Are Redefining IPR
The evolution of the Patent Trial and Appeal Board's inter partes review institution regime last year, coupled with the policy considerations behind that evolution, marks a shift toward greater gatekeeping of the U.S. Patent and Trademark Office's resources and patent enforcement rights, say attorneys at Finnegan.
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4 Trends Shaping Drug And Medical Device Law For 2026
2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.
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US Sanctions Targeting Russia's Oil Giants Heighten Biz Risks
Businesses operating in the energy sector, both in and outside the U.S., should review their operations for any links to Russian oil companies and their subsidiaries recently targeted by U.S. sanctions, to avoid unexpected reputational and financial risk, and even secondary sanctions, say authors at Blank Rome.
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How Shareholder Activism Fared In 2025
2025 was a turbulent yet transformative year in shareholder activism, and there are several key takeaways to help companies prepare for a 2026 that is shaping up to be even more lively, including increased focus on retail investors and the use of social media as a tool, say attorneys at Sidley.
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2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture
The Second Circuit’s recent U.S. v. Ross decision, partially denying the return of an attorney's seized funds based on rigid standing requirements, underscores the unforgiving technical complexities of civil asset forfeiture law, and provides several lessons for practitioners, says Elisha Kobre at Sheppard Mullin.