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Public Policy
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February 11, 2026
Asphalt Cos. To Pay $30M To End FCA Testing Case
Two Ohio asphalt companies have agreed to pay a combined $30 million to resolve False Claims Act allegations that they submitted fraudulent testing data for federally funded highway projects, the U.S. Department of Justice announced Wednesday.
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February 11, 2026
Trans Health And Pediatric Groups Challenge FTC Subpoenas
A major transgender medical group and a pediatric healthcare organization are seeking to end what they call "unlawful" consumer protection investigations from the Federal Trade Commission that want information pertaining to the medical groups' claims made in their marketing and advertising for gender-affirming care for minors.
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February 11, 2026
Gov't Seeks Exit From HUD Attys' Suit Over Fair Housing Work
The U.S. Department of Housing and Urban Development has pushed for the dismissal of a suit filed by current HUD attorneys who've alleged that the department intentionally reassigned them to other federal jobs in order to "cripple" HUD's own enforcement of fair housing laws.
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February 11, 2026
4th Circ. Won't Toss Appeal Over Md. Judges' Habeas Order
The Fourth Circuit rejected the Trump administration's assertion that its appeal of a ruling upholding a standing order, which Maryland federal judges issued to temporarily delay the removal of detained noncitizens who file habeas petitions, has become moot.
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February 11, 2026
Neb. Changes Property Tax Hike Hearing Attendance Rules
Nebraska changed who must attend public hearings for local governments that seek to raise property taxes beyond a statutorily defined limit under a bill signed by the governor.
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February 11, 2026
Kaiser Will Pay $30M To End DOL Mental Health Investigations
Kaiser Permanente has agreed to fork over at least $30 million and change its practices to end multiple U.S. Department of Labor investigations into the adequacy of the healthcare organization's mental health and substance use disorder treatment networks in California, the DOL said.
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February 11, 2026
Atlanta Wants Ex-Judge's Arrest, Excessive Force Suit Tossed
The city of Atlanta called for the dismissal Tuesday of a civil rights suit filed by a former Georgia probate judge who was arrested after an altercation outside of a nightclub in 2024, arguing there's "no question" that police had a legitimate basis to handcuff and book her.
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February 10, 2026
Ziff Davis Sues Google Amid Mounting Ad Tech Antitrust Suits
Digital media publisher Ziff Davis Inc. has filed the latest antitrust lawsuit against Google over its advertising technology, alleging in its New York federal complaint that the Silicon Valley giant unlawfully monopolizes the publisher ad server and ad exchange markets.
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February 10, 2026
Ill. Tax, Tip Swipe Fee Ban Survives Banks' Challenge
An Illinois federal judge Tuesday cleared most of a landmark Illinois law banning swipe fees on tax and tip payments to take effect this summer, dealing a major blow to banking industry groups that sought to block the law altogether.
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February 10, 2026
Seyfarth Faces DQ Bid From Luxury Terminal Developer
A California company aiming to develop a private luxury terminal for Washington Dulles International Airport has asked a D.C. federal court to disqualify Seyfarth Shaw LLP from representing its foe, the Metropolitan Washington Airports Authority, saying the firm also represents the developer's parent company "in no less than seven active matters."
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February 10, 2026
Fla. US Attys Push Back Against Sanctions In Habeas Case
The U.S. attorney for the Middle District of Florida and an assistant U.S. attorney have urged an Orlando federal judge not to sanction them for the government's response to a noncitizen's habeas petition, saying any shortcomings were an "unintentional oversight."
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February 10, 2026
Wash. County Defends Judge's DUI Arrest, Cites Open Alcohol
Sheriff's deputies were justified in arresting a sitting Washington judge on suspicion of DUI given his "bloodshot and watery eyes," admission of drinking earlier that evening and refusal to perform sobriety tests, Grays Harbor County told a Washington federal court in a filing seeking to throw out the ex-judge's suit.
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February 10, 2026
Audit Watchdog Says Anonymous Challenger Must Reveal ID
The Public Company Accounting Oversight Board has told the D.C. Circuit that a man anonymously challenging the constitutionality of the audit watchdog should be required to identify himself, arguing that he has offered "almost nothing to substantiate his claimed need for privacy."
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February 10, 2026
Fulton Election Raid Relied On Trump Allies' Testimony
The FBI's raid last month on the election operations center in Fulton County, Georgia, was premised in part on a referral from a former campaign lawyer for President Donald Trump and the testimony of two Georgia elections officials whom Trump once called his "pitbulls," according to affidavits unsealed Tuesday.
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February 10, 2026
Tom Goldstein To Testify At Tax Trial Wednesday
SCOTUSblog co-founder Thomas Goldstein will take the stand in his tax fraud trial Wednesday, after the government rested its case with an IRS agent tallying up $3.6 million that she said went unreported on his 2016 tax return.
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February 10, 2026
DC Circ. Seeks End To Atty Fight Over Fees From IRS Deal
The D.C. Circuit wants to stop a fight over almost $800,000 in attorney fees from a suit against the Internal Revenue Service that was settled years ago, telling the parties' counsel during oral arguments Tuesday they'd like to put the matter to bed for good.
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February 10, 2026
Texas Justices Seek 'Universal' Rule On Pretrial Motions
A Texas Supreme Court justice on Tuesday pressed Attorney General Ken Paxton's office for more specifics on his position that a trial court implicitly ruled on a jurisdictional challenge in litigation over the $10 billion price tag for Austin's planned light rail system, suggesting a "universal rule" was needed.
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February 10, 2026
Former Teachers Union Leaders Get Prison For Stealing $2.6M
A Florida federal judge has sentenced the former president and vice president of a Jacksonville teachers union to prison for embezzling more than $2.6 million in union funds, the U.S. Department of Justice announced Tuesday.
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February 10, 2026
Circuit Split Brewing Following 5th Circ.'s No-Bond Ruling
The Fifth Circuit's split ruling blessing the Trump administration's mandatory immigration detention policy won't be the final say on the matter, but it could supercharge efforts to concentrate detained immigrants there while other circuits weigh the policy's legality.
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February 10, 2026
FirstNet Reauthorization Bill Advances To Full Committee
A bill that would renew the First Responder Network Authority for just over a decade sailed through a House subcommittee hearing Tuesday afternoon and is now headed to the full committee for a vote.
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February 10, 2026
Amazon Calls FTC Allegations Of Hidden Documents 'Reckless'
Amazon.com assailed the Federal Trade Commission for accusing it of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, asking a Washington federal judge to appoint a special master to handle the "inflammatory, close-of-discovery filings."
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February 10, 2026
Financial Services Forum Taps Ex-Truist Exec For GC
Banking industry group Financial Services Forum has hired a general counsel who most recently was a senior Truist Financial Corp. lawyer and who previously worked at the Federal Reserve Board of Governors as senior counsel in its legal division.
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February 10, 2026
Feds Float Strict 100% 'Buy America' EV Chargers Mandate
The Trump administration Tuesday proposed that only electric vehicle charging stations built with 100% American-made components can be eligible for federal funding, setting a stringent new requirement that would make it tougher for such projects to get off the ground.
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February 10, 2026
IHS To Phase Out Mercury Dental Fillings By 2027
The Indian Health Service has announced it will phase out the use of dental fillings containing mercury at its facilities over the next year.
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February 10, 2026
Trump Is Owed Deference On Harvard Student Block, DOJ Says
The U.S. Department of Justice told the First Circuit this week that President Donald Trump's expansive authority over foreign affairs calls for it to overturn a ruling that blocked a proclamation suspending the ability of foreign students to enter the country to attend Harvard.
Expert Analysis
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Aerospace And Defense Law: Trends To Follow In 2026
Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.
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Aviation Watch: Busy Skies, Tough Market For Airlines In 2026
After a turbulent year in the U.S. commercial aviation sector, demand for air travel and premium service shows no signs of slackening in 2026, with airlines facing the need to compete in a saturated market, while seeking opportunities for consolidation and pursuing other avenues to profitability, says Alan Hoffman, a retired attorney and aviation expert.
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Viewing The Merger Landscape Through An HPE-Juniper Lens
If considerations beyond antitrust law were taken into account to determine whether Section 7 of the Clayton Act was violated in the Hewlett Packard Enterprise-Juniper Networks deal, then legal practitioners advocating deal clearance may now have to argue that deals should be justified by considerations not set forth in the merger guidelines, says Matthew Cantor of Shinder Cantor.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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3 Key Ohio Financial Services Developments From 2025
Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.
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Patent Eligibility Faces Widening Gap Between USPTO, Courts
The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.
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Keys To Effective Mental Health Mitigation In Sentencing
Instead of framing a defendant's mental health diagnoses as generalized grounds for leniency during sentencing, defense counsel should present them as objective clinical data that directly informs the risk assessment and rehabilitative questions judges are statutorily required to consider, say Joseph De Gregorio at JN Advisor and Richard Levitt at Levitt & Kaizer.
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Key Policy Moves Are Powering Nuclear Growth
The past year has seen a shift toward strong federal support for new nuclear power generation, and both recent and anticipated policy developments are likely to encourage progress toward that goal — but making sure that this momentum continues may be the hard part, say attorneys at Balch & Bingham.
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Rescheduling Cannabis Marks New Tax Era For Operators
As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.
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Navigating Trade Secret Exceptions In Noncompete Bans
Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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OCC Rulemaking May Clear Haze Around Trust Banks' Scope
A recent Office of the Comptroller of the Currency proposal at last eliminates uncertainty around whether national trust banks can engage in nonfiduciary activities, but it does not address which activities are permissible or whether a minimum amount of fiduciary activity is required, say attorneys at Davis Polk.
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Expect Major Shifts In Patent And Trademark Policy This Year
New leadership and initiatives promise to bring consequential changes to the U.S. Patent and Trademark Office's practices in 2026, likely favoring patent allowance and issuance, as well as streamlining trademark processes, say attorneys at Knobbe Martens.
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How FERC Is Shaping The Future Of Data Center Grid Use
Two recent orders from the Federal Energy Regulatory Commission affecting the PJM Interconnection and Southwest Power Pool regions offer the first glimpse into how FERC will address the challenges of balancing resource adequacy, grid reliability and fair cost allocation for expansions to accommodate artificial intelligence-driven data centers, say attorneys at Husch Blackwell.
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Digital Assets May Be In For A Growth Spurt In 2026
All signs point to an acceleration in digital asset product and service innovation throughout 2026, and while questions of first impression still need to be addressed, some legal issues will be clarified, spurring developments namely on the tokenization and stablecoin fronts, say attorneys at Skadden.