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Public Policy
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February 06, 2026
Shake Shack Governance Suit Headed For Dismissal In Del.
A stockholder lawsuit challenging Shake Shack Inc.'s corporate governance arrangements is set to be dismissed after the parties jointly asked the Delaware Court of Chancery to end the case, cutting off the named plaintiff's claims while preserving the ability of other stockholders to bring similar suits later.
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February 06, 2026
4 Takeaways From The EU's Latest Trade Agreements
The European Union recently cemented formal trade agreements with India and Mercosur, a group of Latin American countries, which — along with creating certainty for businesses in the regions — strike a sharp contrast with the approach taken in framework deals reached by President Donald Trump. Here, Law360 examines four takeaways from the two trade agreements announced by the EU.
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February 06, 2026
4th Circ. Says Trump Anti-DEI Orders Are Constitutional
The Fourth Circuit on Friday lifted a block on President Donald Trump's executive orders that terminated federal diversity, equity and inclusion programs and aimed to encourage government contractors to do the same, saying it's not the court's role to determine if the directives are "sound policy."
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February 06, 2026
Trump Orders 25% Tariff For Countries With Biz Ties To Iran
President Donald Trump signed an executive order Friday afternoon that threatens a 25% tariff on the imports entering the U.S. of countries found to be purchasing goods or services from Iran.
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February 06, 2026
Commerce Ordered To Try Again On Russian Fertilizer Duties
The U.S. Department of Commerce has again failed to justify its calculations for the value of Russian mining rights as part of a countervailing duty investigation into phosphate fertilizer, the U.S. Court of International Trade said Friday in an order for a partial redo.
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February 06, 2026
Second Judge Says IRS Can't Share Address Data With ICE
Another federal court has blocked a taxpayer address-sharing agreement between the IRS and U.S. Immigration and Customs Enforcement, finding they failed to follow a federal tax statute that allows limited information sharing for criminal investigations.
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February 06, 2026
Most Of Fulton Co. Residents' Suit Over 2020 Ballots Tossed
A Georgia state judge has dismissed a majority of claims in a long-running suit filed by citizens who sought to review Fulton County's 2020 presidential election ballots, finding there wasn't enough future uncertainty to maintain their claims.
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February 06, 2026
2nd Circ. Revives Panama Man's Bid To Reopen Removal Case
A Second Circuit panel has ordered the Board of Immigration Appeals to rethink its denial of a deported Panamanian man's attempt to reopen his removal proceedings after New York further decriminalized marijuana possession and vacated convictions he was deported for.
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February 06, 2026
DHS Sued Over ICE Citizenship Proof Requirement
The U.S. Department of Homeland Security was hit with proposed class claims Friday alleging the proof-of-citizenship requirement that agents impose during immigration enforcement actions flouts due process for U.S. citizens.
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February 06, 2026
DC Courts To Tag In Non-Attys To Help Civil Litigants
The District of Columbia Courts is the latest court system in the U.S. to allow non-attorneys to help guide civil litigants who face matters without an attorney, creating a program that expands who can advise people facing evictions, child custody disputes and other matters.
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February 06, 2026
Anti-Pot Advocates Vow To Fight Legalization In Courts
Principals and allies of a leading antidrug nonprofit pledged Friday to pursue the fight against marijuana legalization and normalization in the courts by challenging a pending proposal to loosen federal cannabis restrictions and directly suing some of the country's largest marijuana companies.
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February 06, 2026
Cable Landing Co. Cuts $40K Deal To End FCC License Probe
An undersea cable landing site operator has agreed to pay $40,000 to settle a Federal Communications Commission probe for failing to give proper notice before transferring control of its cable landing license.
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February 06, 2026
EPA's Air Review Rule Backed By Industry Groups
Industry groups have backed the U.S. Environmental Protection Agency's formula for triggering air pollution review at industrial facilities, telling the D.C. Circuit that environmental groups challenging the agency are attempting to expand the scope of Clean Air Act permitting beyond what Congress intended.
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February 06, 2026
Ousted Conn. Public Defender Chief Loses Bias Suit
The commission responsible for Connecticut's public defenders did not violate TaShun Bowden-Lewis' constitutional or legal rights when it removed her as chief of the office in 2024, a state Superior Court judge has ruled, finding no second hearing was necessary before the former top defense lawyer lost her job.
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February 06, 2026
Arbitrators Take Cautious Approach To Integrating AI
Norms, practices and regulations surrounding the use of generative artificial intelligence in arbitration are developing just as rapidly as they are in the courts. Here, Law360 Pulse talks with legal tech vendor Veritext's senior vice president in charge of alternative dispute resolution about how the arbitration industry is interacting with AI.
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February 06, 2026
Graham Pushes Bill To Allow Suits Over Smith Investigations
Sen. Lindsey Graham, R-S.C., is working on a bill to allow nonmembers of Congress to sue for damages after being investigated by special counsel Jack Smith.
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February 06, 2026
Trump's $10B Tax Leak Suit Legally Unsound, Ex-Officials Say
The $10 billion in damages President Donald Trump is seeking in his suit accusing the Internal Revenue Service of failing to prevent a former contractor from leaking Trump's tax returns to news outlets is legally unsupported and unprecedented, four former government officials told a Miami federal court.
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February 06, 2026
HHS Ends 340B Drug Rebate Pilot After Legal Challenge
The U.S. Department of Health and Human Services has ended a proposed rebate program that would have altered how hospitals receive payments for participating in the federal 340B drug discount program, which provides discounted prescription drugs for low-income Americans, after facing a lawsuit from a major hospital association.
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February 06, 2026
Football Coaches Throw Support Behind FTC's Agent Probe
A football coaches' trade association has thrown its weight behind the Federal Trade Commission's recently launched investigation of college sports agents, warning that the profession is rife with predatory figures looking to exploit vulnerable athletes.
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February 06, 2026
DOL Rolls Out New Minimum Wage For Federal Contractors
The new minimum hourly wage for federal contractors will be set at $13.65, the U.S. Department of Labor Wage and Hour Division said Friday, a move coming after the Trump administration nixed a Biden-era rule setting the wage to $15.
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February 05, 2026
5th Circ. Mulls Families' Rights In Boeing-DOJ 737 Max Deal
The Fifth Circuit on Thursday questioned whether crash victims' families are owed "unfettered" rights to consult with the U.S. Department of Justice over its refusal to criminally prosecute Boeing for conspiring to defraud safety regulators about the 737 Max's development.
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February 05, 2026
Trump's Seattle US Atty Stays On For Now Via Title Swap
Trump administration appointee Charles Neil Floyd will continue to be the Western District of Washington's top federal prosecutor for now, under the new title of "First Assistant U.S. Attorney," after the deadline passed Wednesday for the U.S. Senate to confirm the interim appointment.
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February 05, 2026
Microsoft Teams Illegally Collected Voice Data, Ill. Users Claim
Microsoft Corp.'s Teams software collects and analyzes users' distinctive "voiceprints" without providing proper notice as required under Illinois law, five state residents alleged in a proposed class action Thursday.
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February 05, 2026
BNY Mellon Can't Sue Investor In Texas Over Facility Funding
A Texas appellate court determined Thursday that Bank of New York Mellon Trust Co.'s suit against the company that purchased senior revenue certificates for a student housing facility does not belong in the Lone Star State, saying the bank failed to demonstrate that the company's conduct tied it to Texas.
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February 05, 2026
PGA Tour Didn't Price Gouge Rivals' Atty, Fla. Judges Rule
A bid to overturn the dismissal of a suit accusing the PGA Tour of inflating its event prices as part of a plot against golfers from the rival LIV tour was turned away Thursday by a Florida state appeals court.
Expert Analysis
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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.
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Where States Jumped In When SEC Stepped Back In 2025
The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.
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2026 Enforcement Trends To Expect In Maritime And Int'l Trade
The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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Streamlining Product Liability MDLs With AI And Rule 16.1
With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.
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USCIS Asylum Pause Could Drive Federal Mandamus Filings
U.S. Citizenship and Immigration Services' recent freeze on asylum applications is likely to accelerate Administrative Procedure Act unreasonable delay and writ of mandamus filings, making it important for practitioners handling such cases to familiarize themselves with the mandamus framework and evidentiary standards, says Kemal Hepsen at Mandamus Lawyers.
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SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models
The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.
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How Mamdani Will Shift NYC Employment Law Enforcement
Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.