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Public Policy
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February 18, 2026
4th Circ. Backs Military Policy Banning HIV-Positive Enlistees
The Fourth Circuit on Wednesday upheld a U.S. Department of Defense policy that bans HIV-positive Americans from enlisting, deferring to the military's judgment that it must have healthy and fit service members who do not require consistent treatment for chronic medical conditions.
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February 18, 2026
Ga. Railroad Defends Land Seizures In Eminent Domain Fight
A small Georgia railroad operation urged a state appellate court Wednesday to uphold successive rulings by the state's utility commission and a trial court to allow condemnation of landowners' property to build a new spur in its network and to lift the stay that's currently holding up construction.
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February 18, 2026
Tesla Scores FCC Waiver For EV Positioning Technology
Tesla has convinced the Federal Communications Commission to make some exceptions to its rules for ultra-wideband devices — specifically a requirement that they be handheld — so that it can use the technology to help its vehicles self-park on charging pads.
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February 18, 2026
Fla. Prison Officials Seek End Of Fired Chaplain's Bias Suit
A former prison chaplain who was fired for refusing to train a female minister failed to exhaust his administrative remedies before filing a suit that amounted to a shotgun pleading, the Florida Department of Corrections has told a federal judge.
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February 18, 2026
Texas AG Says Hospital Violated Gender-Affirming Care Ban
Texas Attorney General Ken Paxton sued the Children's Health System of Texas on Wednesday, alleging it performed gender-affirming care on children through puberty blockers and cross-sex hormones despite a state law banning the treatments.
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February 18, 2026
Okla. Regulators Aim To Toss $4M Hemp Seizure Suit
The Oklahoma Bureau of Narcotics and Dangerous Drugs Control on Wednesday pushed to dismiss a suit from two hemp companies alleging one of its agents illegally seized and ruined $4 million in legal hemp, saying both the agency and the agent have sovereign immunity.
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February 18, 2026
Oklahoma Tribes' Bid For Indian Country Status Denied
A federal court judge has denied four Oklahoma tribes' bid for a declaration that lands within the historic boundaries of their reservations maintain their Indian Country status, saying there's no evidence of a live controversy between the Indigenous nations and Sooner State prosecutors.
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February 18, 2026
EPA Hit With Suit Over Repeal Of Climate Rule
A coalition of public health and environmental groups on Wednesday challenged the U.S. Environmental Protection Agency's decision to repeal a landmark finding that greenhouse gas pollution endangers people's health, calling it a corporate handout at odds with the science and the law.
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February 18, 2026
US, Japan Announce $36B In Projects As Part Of Trade Deal
Japan and its companies will undertake new investments in U.S. manufacturing and energy production facilities that total nearly $36 billion, the U.S. and Japanese governments announced as part of a framework trade agreement and confirmed Wednesday.
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February 18, 2026
Feds Release $130M NY, NJ Gateway Hudson Tunnel Funds
New York and New Jersey officials said Wednesday that construction on the $16 billion rehabilitation of aging commuter train tunnels under the Hudson River would resume next week after the federal government released $130 million in funds that a federal judge in Manhattan recently ruled had been unlawfully frozen.
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February 18, 2026
Migrants Urge Judge To Protect Anonymity In Flight Dispute
Attorneys for three anonymous Venezuelan asylum seekers who claim they were among 49 migrants lured into boarding flights to Massachusetts have urged a federal judge to deny the flight operator's bid to unmask their identities, saying nothing has changed to warrant disclosure.
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February 18, 2026
SpaceX Attacks Studies Opposing NGSO Framework Changes
SpaceX is coming out swinging against other satellite operators who have provided the FCC with studies they say show the new proposed spectrum sharing framework is a bad idea, calling it a "last-ditch effort to muddy the waters" before the agency makes a decision.
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February 18, 2026
Senators Push For Transparency In Litigation Funding
Lawmakers are trying again to rein in third-party litigation financing, a multibillion-dollar industry that critics argue allows foreign entities to assert control of the U.S. legal system.
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February 18, 2026
NY Bill Would Allow Low-THC Drinks In Liquor Stores
A new bill introduced in the New York State Legislature would permit alcohol retailers to sell low-potency cannabis-infused beverages with up to 5 milligrams of THC and impose a new tax on their sale.
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February 18, 2026
FCC Opens 2 Slices Of 900 MHz For Broadband Use
The Federal Communications Commission opened two portions of the 900 megahertz airwaves for expanded broadband use Wednesday, saying it crafted the new rules to avoid disruption with users in nearby spectrum.
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February 18, 2026
IRS Asks Court To Deny Probe Of Improper ICE Data-Sharing
A coalition suing the IRS over its data-sharing deal with immigration enforcement authorities should not be allowed to investigate the agency's revelation that it shared some data improperly, the IRS told a D.C. federal court, saying it made the admission "in good faith."
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February 18, 2026
Feds Ask High Court To Reject Chinook Tribe Recognition
The U.S. Department of the Interior is asking the U.S. Supreme Court to reject a petition by the Chinook Indian Nation that looks to undo a Ninth Circuit order that denied it federal recognition, arguing that the case is a poor vehicle for resolving questions under the 1994 List Act.
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February 18, 2026
No Jurisdiction In Judicial Privacy Law Suits, NJ Court Told
Five data companies said Wednesday that a New Jersey federal court should toss suits alleging they violated the Garden State's judicial privacy law, arguing that they have no presence in the state and do not have enough contacts with it.
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February 18, 2026
Nicotine Pouch Co. Says FDA Unfairly Applies Tobacco Regs
A nicotine oral pouch maker is suing the U.S. Food and Drug Administration in D.C. federal court, saying the agency is arbitrarily requiring it to perform the same health studies for premarket authorization as tobacco products, despite acknowledging that its products have fewer health risks than cigarettes or other tobacco products.
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February 18, 2026
States, Unions Urge DC Circ. To Block Haiti TPS Termination
California-led states and a coalition of unions urged the D.C. Circuit to deny the Trump administration's push to end temporary protected status for Haiti during an ongoing legal challenge, arguing it would harm families, communities and the economy.
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February 18, 2026
Anti-Abortion Clinics Lose Free Speech Suit Over Mass. Ads
A Massachusetts federal judge has tossed a lawsuit over a state-funded ad campaign warning consumers about potentially misleading or inaccurate information provided by a group of anti-abortion pregnancy resource centers, finding that the state hadn't prohibited the clinics from operating — and that the public officials have the same free speech rights as the clinics.
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February 18, 2026
Mass. Police Union Head, Lobbyist Get Prison For Kickbacks
A federal judge on Wednesday sentenced the former head of the Massachusetts State Police union and a Boston lobbyist to two years and 15 months in prison, respectively, after the pair were convicted of orchestrating a kickback scheme.
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February 18, 2026
US Could Hit Russian Palladium With Triple-Digit Duties
Russian palladium entering the U.S. is being sold at less than fair value, which could result in triple-digit antidumping duties on the imports, the U.S. Department of Commerce said Wednesday.
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February 17, 2026
Democrats Fight Asylum Turn-Back Policy At Supreme Court
A group of 26 congressional Democrats urged the U.S. Supreme Court on Tuesday to find that a currently rescinded policy to physically block asylum-seekers at the southern border violates federal immigration law, arguing Congress never intended such a statutory interpretation.
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February 17, 2026
Fulton County Slams 'Unjustified' Election Records Raid
Fulton County on Tuesday again asked a Georgia federal court to order the federal government to return property that it contends was "improperly seized" by the FBI in a raid of its elections operations center last month, arguing that the federal government omitted "numerous material facts" in seeking a search warrant.
Expert Analysis
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
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Opinion
Criminalizing Officials' Speech Erodes Trust In Justice System
Federal prosecutors reportedly investigating whether Minnesota officials’ public statements illegally impeded immigration enforcement is a dangerous overextension of obstruction law that would criminalize dissent and sow public distrust in law enforcement, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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Opinion
Corporations Should Think Twice About Mandatory Arbitration
The U.S. Securities and Exchange Commission's recent acceptance of mandatory arbitration provisions in corporate charters and bylaws does not make them wise, as the current system of class actions still offers critical advantages for corporations, says Mohsen Manesh at the University of Oregon School of Law.
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A Closer Look At California Financial Regulator's 2026 Agenda
California Department of Financial Protection and Innovation Commissioner KC Mohseni in recent remarks demonstrated the regulator's growing importance amid the Consumer Financial Protection Bureau's retreat by debuting expansive goals for 2026, including finalizing rulemaking for the state's digital asset law and expanding enforcement authority around consumer complaints, says John Kimble at Hinshaw.
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California's New Privacy Laws Demand Preparation From Cos.
An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.
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USPTO Initiatives May Bolster SEP Litigation In The US
The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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Navigating New Risks Amid Altered Foreign Issuer Landscape
The U.S. Securities and Exchange Commission's potential rulemaking to redefine who qualifies as a foreign private issuer will shape securities regulation and enforcement for decades, affecting not only FPIs and U.S. investors but also the U.S.' position in global capital markets, says Elisha Kobre at Sheppard.
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Predicting Actual Impact From CDC's New Vaccine Guidance
Recent federal changes to the childhood immunization schedule, reducing the number of vaccine recommendations from 18 to 11, do not automatically create enforceable obligations for parents, schools or healthcare providers, but may spur litigation and other downstream effects on school policies and state guidelines, says Mehdi Sinaki at Michelman & Robinson.
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Open Questions After Defense Contractor Executive Order
The scope and long-term effects of President Donald Trump’s executive order on the U.S. defense industrial base are uncertain, but the immediate impact is significant as it appears to direct the U.S. Department of Defense to take a more active role in contractor affairs, say attorneys at Morgan Lewis.
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Reflections From High Court Oral Args Over Fed Gov. Removal
In the oral arguments last month for Trump v. Cook, which asks the U.S. Supreme Court to clarify the circumstances under which the president can remove a Federal Reserve Board governor, the justices appeared skeptical about ruling on the substantive issues in view of the limited record and analysis, say attorneys at Ballard Spahr.
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What NY's GHG Reporting Program Means For Oil, Gas Cos.
New York's new Mandatory Greenhouse Gas Reporting Program represents a significant compliance regime for the oil and gas industry, so any business touching the state's fuel market should determine its obligations, and be prepared to gather data, create a monitoring plan and institute controls for accurate reporting, say attorneys at White & Case.
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USPTO's New Patentability Focus Helps Emerging Tech
The U.S. Patent and Trademark Office's recent efforts to shift patentability criteria back toward traditional standards of novelty, obviousness and adequate disclosure should make it easier for emerging tech, including artificial intelligence, to obtain patents, says Bill Braunlin at Barclay Damon.
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What's At Stake In Possible Circuit Split On Medicaid Rule
A recent Eleventh Circuit decision, reviving Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, sets up a potential circuit split with the Fifth Circuit, with important ramifications for states looking to private administrators to run provider tax programs, say Liz Goodman, Karuna Seshasai and Rebecca Pitt at FTI Consulting.
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How States Are Advancing Enviro Justice Policies
The federal pullback on environmental justice creates uncertainty and impedes cross‑jurisdictional coordination, but EJ diligence remains prudent risk management, with many states having developed and implemented statutes, screening tools, permitting standards and more, say attorneys at King & Spalding.