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Public Policy
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February 12, 2026
IRS Guidance Offers Relief In Energy Credits' Sourcing Limits
The IRS issued interim guidance Thursday providing two safe harbor options for clean energy facilities or manufacturers of energy components to determine the extent to which they received material assistance from an entity tied to a foreign government that the U.S. deems adversarial.
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February 12, 2026
Row Over Forensic Expert Testimony Hits NC High Court
Prosecutors are urging North Carolina's highest court to uphold a drug conviction thrown out on appeal, saying an appellate court deemed a key forensic expert's trial testimony unconstitutional using a flawed interpretation of the U.S. Supreme Court's 2024 decision in Smith v. Arizona.
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February 12, 2026
SEC's Atkins Rejects Top Dem's Crypto Corruption Claims
U.S. Securities and Exchange Commission Chairman Paul Atkins on Thursday pushed back on claims his agency dropped against cryptocurrency firms as a political favor to President Donald Trump, telling Senate Democrats a "changed attitude" by the commission led to the dismissals.
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February 12, 2026
12 Questions For FCC Chair Brendan Carr
It's been a "banger" of a year at the Federal Communications Commission, says agency chief Brendan Carr, who took over at the outset of President Donald Trump's second term with the goal of cutting regulations and quickly turning over more spectrum to the private sector.
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February 12, 2026
Wash. Justices To Hear Gym's Suit Over COVID-Era Inspection
Washington's highest court will review an appellate ruling that state labor department inspectors violated an Anytime Fitness owner's reasonable expectation of privacy when they tailgated a gym member who used a key card to enter the facility during the COVID-19 pandemic, when businesses were supposed to be shuttered.
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February 12, 2026
DC Judge Won't Bow To DOJ, Public Criticism On TPS Ruling
A D.C. federal judge who said she has been receiving threats and personal insults after she temporarily blocked the Trump administration from terminating Temporary Protected Status for Haitians refused to pause her ruling, saying judges will not be intimidated by public threats.
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February 12, 2026
Bipartisan Bill Targets Scam Ads On Social Media Platforms
Federal lawmakers are pushing to require social media companies to crack down on fraudulent advertising on their platforms under new bipartisan legislation that is drawing praise from banking and consumer groups.
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February 12, 2026
Trump Admin EV Funding Cuts Suits Merged In Wash. Court
A Washington federal judge has consolidated two lawsuits seeking to stop the Trump administration from preventing nearly $2.5 billion in congressionally appropriated funds from going to electric vehicle charging infrastructure programs.
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February 12, 2026
HPE Has 'No Grounds' To Hide DOJ Deal Bidders, AGs Say
Democratic attorneys general challenging the controversial Justice Department settlement permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks have urged a California federal judge to let them see who's bidding for assets up for divestiture, arguing the would-be buyers are an integral part of the agreement's viability.
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February 12, 2026
Tesla Says Case Transfer Boosts Mandamus Bid In PTAB Fight
A Texas federal judge's decision to send patent infringement litigation against Tesla Inc. to California strengthens the automaker's mandamus petition claiming the Patent Trial and Appeal Board wrongly turned away its challenges, Tesla told the Federal Circuit.
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February 12, 2026
DC Circ. Judge Rips Into Insurer In CMS Rating Case
A Louisiana insurer found a tough critic in one D.C. Circuit judge Thursday as it argued that the Centers for Medicare & Medicaid Services used an unfair method to assess its "star ratings" for insurance plans, with the jurist saying the company seemed like it "just wanted whatever interpretation will give you a higher score."
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February 12, 2026
Airbnb Escapes Most Of Conservative Investors' Suit
A Delaware federal judge on Thursday trimmed claims from two institutional shareholders' suit alleging Airbnb wrongfully excluded their shareholder proposals from proxy materials, nixing claims against specific executives and claims about not-yet-released 2026 proxy materials.
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February 12, 2026
FTC's PBM Case Paused For More Deal Talks
Federal Trade Commission staffers are discussing potential settlements with OptumRx and Caremark that could end the agency's case accusing the pharmacy benefit managers of inflating insulin prices, following a recent deal with Express Scripts.
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February 12, 2026
Fla. Court Tosses 'King Of Vape' Suit Against NY Post
A Florida federal court dismissed a defamation complaint that a store owner operating as "The King of Vape" brought against the New York Post over an article referring to him as an "Israel hater" who aided Hamas and also sold illegal nicotine products, saying claims weren't sufficiently alleged.
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February 12, 2026
Hegseth Blocked From Reducing Sen. Kelly's Navy Rank
Sen. Mark Kelly, D-Ariz., secured a court order on Thursday blocking Defense Secretary Pete Hegseth from reducing his U.S. Navy rank after he told members of the military they don't have to follow unlawful orders.
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February 12, 2026
GOP Lawmakers Probe CalPERS's 'Radical' ESG Investments
The chair of the House Education and Workforce Committee and two other Republican lawmakers sent a letter Thursday to California's largest public pension fund, demanding information on whether it prioritized "radical left-wing causes" over protecting retirement savers.
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February 12, 2026
Mass. US Atty Calls ICE Criticism 'Hyperbole,' Praises Agents
Massachusetts U.S. Attorney Leah B. Foley said Thursday that criticism of U.S. Immigration and Customs Enforcement by state and local officials and a lack of cooperation with federal agents is to blame for "chaos in the streets," as she forcefully defended the Trump administration's policies.
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February 12, 2026
Colo. City Faces Bias Suit For 'Sober Living' Housing Policy
The city of Longmont, Colorado, discriminated against individuals recovering from substance abuse by requiring a private recovery housing provider to undergo a site plan approval process that others are not subjected to, the recovery residence provider alleged in federal court.
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February 12, 2026
DC Circ. Is Asked To Vet New DOT Immigrant Truck Driver Rule
Drivers and labor unions on Thursday petitioned the D.C. Circuit to review the U.S. Department of Transportation's new final rule tightening states' screening procedures and eligibility criteria for nondomiciled commercial driver's licenses issued to immigrants.
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February 12, 2026
Calif. Insurance Chief Backs Smoke Standards Bill
California Insurance Commissioner Ricardo Lara announced his support Wednesday for a bill that would establish the nation's first public health and insurance claims standard for homes damaged by smoke contamination.
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February 12, 2026
NC Justices Asked To Decide Gov.'s Power To Appoint Judges
North Carolina Gov. Josh Stein is asking the state's top court to review a decision that let lawmakers curtail his ability to fill judicial vacancies in appellate courts, arguing the ruling defies precedent as well as the state Constitution and must be reversed.
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February 12, 2026
Ex-Pharma Exec Fights AGs' Quick Win Bid In Antitrust Case
A former pharmaceutical marketing executive urged a Connecticut federal court to reject summary judgment sought against him by state attorneys general pursuing wider price-fixing litigation against most of the generic drug industry, arguing key cooperating witnesses' questionable credibility makes a trial necessary.
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February 12, 2026
Senate Recess To Trigger Partial DHS Shutdown This Weekend
The Senate left town on Thursday ahead of their recess, virtually ensuring the U.S. Department of Homeland Security will shut down at midnight on Friday.
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February 12, 2026
Attys Win $626K In Fees In Mich. City Retiree Benefits Suit
A Michigan federal judge awarded $626,777.80 in attorney fees and costs to class counsel who secured expanded pension and healthcare benefits for retired Pontiac city employees, trimming $100,000 from the request for unsupported billing entries.
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February 12, 2026
USMCA Must Be Extended In Joint Review, Senators Told
The U.S. Mexico Canada Agreement should be strengthened and extended given the benefits it has generated for businesses, the former chair of the House Ways and Means Committee told the Senate Finance Committee on Thursday as President Donald Trump's actions cast doubt over the deal's future.
Expert Analysis
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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.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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2025's Most Notable State AG Activity By The Numbers
State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.