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Public Policy
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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Aligning With EPA's 'Compliance First' Enforcement Policy
To take advantage of the U.S. Environmental Protection Agency's new "compliance first" policy, companies will need to maintain up-to-date compliance programs, implement self-audits and find-and-fix protocols, and lean more into open communication with regulators, say attorneys at Crowell & Moring.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Calif. AI Law Will Have Ripple Effect On Emerging Cos.
California's Transparency in Frontier Artificial Intelligence Act is the first comprehensive state-level AI safety framework with mandated public disclosures in the U.S., and although it may not affect emerging companies directly, companies that embed governance and transparency into their operations will differentiate themselves in highly competitive markets, say attorneys at Mintz.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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Opinion
US Cybersecurity Strategy Must Include Immigration Reform
Cyberthreats are escalating while the cybersecurity workforce remains constrained due to a lack of clear standards for national-interest determinations, processing backlogs affecting professionals who protect critical public systems and visa allocations that do not reflect real-world demands, says Rusten Hurd at Colombo & Hurd.
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How 2025 Executive Orders Are Reshaping Consumer Finance
In 2025, President Donald Trump used executive orders to initiate a reversal of policies on fair lending, urge agencies to use enforcement and supervisory tools to police debanking, and reduce consumer financial regulation — and the resulting flurry of deregulatory activity will likely continue in 2026, says Elizabeth Tucci at Goodwin.
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A Look At EEOC Actions In 2025 And What's Next
President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.
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FDA's AI Deployment Brings New Potential And Risks
The U.S. Food and Drug Administration's recent announcement about making agentic artificial intelligence tools available to agency employees may portend accelerated regulatory timelines and lower costs for drug companies and consumers, but potential errors and biases will necessitate additional safeguards, says Angela Silva at Lewis Brisbois.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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OFAC Sanctions Will Intensify Amid Global Tensions In 2026
The Office of Foreign Assets Control will ramp up its targeting of companies in the private equity, venture capital, real estate and legal markets in 2026, in keeping with the aggressive foreign policy approach embraced by the Trump administration in 2025, say attorneys at Holland & Knight.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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Wis. Sanctions Order May Shake Up Securities Class Actions
A Wisconsin federal court’s recent decision to impose sanctions on a plaintiffs law firm for filing a frivolous Private Securities Litigation Reform Act complaint in Toft v. Harbor Diversified may cause both plaintiffs and defendants law firms to reconsider certain customary practices in securities class actions, says Jonathan Richman at Brown Rudnick.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Reinventing Bank Risk Mgmt. After 2025's Cartel Crackdown
The Trump administration's 2025 designation of certain transnational drug cartels as terrorists means that banks must adapt to a narrowing margin of error in their customer screening and transaction assessments by treating financial crime prevention as a continuous and cross-enterprise concern with national security implications, says Jack Harrington at Bradley Arant.
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How Developers Can Harness New Texas Zoning Framework
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.