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Public Policy

February 13, 2026
How Attorneys Are Handling A Patent Review 'Sea Change'

Major changes to the America Invents Act patent review system over the past year have put limits on challenges, requiring patent challengers and owners to rethink their strategies. Here's how attorneys on both sides are calibrating their arguments to have the best chance of success in the new landscape.
February 13, 2026
Palm Beach Says Homeowner's Private Beach Suit Is Too Late

The town of Palm Beach, Florida, urged a federal court to rule that a homeowner can't claim ownership of their entire beachfront property, arguing Friday that public use existed before the homeowner bought the parcel and the suit alleging illegal land taking was filed beyond the statute of limitations.
February 13, 2026
Fuel Credit Regs Clear Clouds Over Middleman Sales

The U.S. Treasury Department's move to allow domestic clean fuel producers selling to intermediaries to qualify for the production tax credit under newly released proposed rules recognizes the industry's commercial realities and clears up uncertainty that had been hindering the market, practitioners said.
February 13, 2026
Ga. Nursing Board Faces Suit Over Student Placement Policy

The Georgia Board of Nursing is violating federal antitrust law with a "protectionist" policy that prevents online and out-of-state nursing programs from placing their students at Georgia facilities for clinical rotations, an online college told a federal court.
February 13, 2026
Canadian, Indian Citric Acid Facing US Duty Probes

The U.S. Department of Commerce has opened investigations into imports of citric acid and citrate salt from Canada and India to the U.S. that may be benefiting from foreign subsidies and being sold at less than fair value, it announced Friday.
February 13, 2026
Commerce Finds Chinese Anodes Being Subsidized, Dumped

Anode materials imported into the U.S. from China are facing significant anti-dumping and countervailing duty orders after the U.S. Department of Commerce determined they are being subsidized and sold at less than fair value, it said Friday.
February 13, 2026
'Conjecture' Frees Duke Energy From Climate Change Suit

Duke Energy Corporation was freed from a North Carolina town's novel lawsuit seeking to hold the utility accountable for climate change-related damages after a North Carolina Business Court judge ruled it presented questions that would force a jury into "utter conjecture."
February 13, 2026
EU Announces Duties Against Korean, Taiwanese Plastics

Imports of a plastic with a wide range of uses from South Korea and Taiwan into the European Union and an amino acid imported from China were hit with antidumping duties Friday, the European Commission announced.
February 13, 2026
Blair's Think Tank Urges UK Gov't To End Energy Windfall Tax

The U.K.'s Labour government must phase out the windfall tax on the energy industry and lift the ban on new oil and gas drilling licenses in the North Sea to increase revenue long term, the Tony Blair Institute said Friday.
February 13, 2026
DHS Terminating Temporary Protected Status For Yemen

U.S. Department of Homeland Security Secretary Kristi Noem on Friday said she has decided to terminate temporary protected status for Yemen.
February 13, 2026
DOJ Suit Alleges Harvard Withholding Admissions Data

The Trump administration hit Harvard University with a suit Friday claiming that the college has illegally withheld data necessary to determine whether it is following the U.S. Supreme Court's landmark ruling outlawing affirmative action in admissions.
February 12, 2026
Judiciary Issues 'Rule Of Law' Ethics Guidance For Judges

Federal judiciary advisers Thursday sought to clarify ethical boundaries for judges wading into politically charged legal waters, saying jurists can rebut "illegitimate criticism" and urge stronger security amid fears of violence while also eschewing "demeaning" or "acerbic" rhetoric.
February 12, 2026
Trump Admin. Blocked From Cutting $600M In Health Funding

An Illinois federal judge on Thursday temporarily blocked the Trump administration from terminating more than $600 million in public health funding to four Democratic-led states, saying the states will likely succeed in showing they are unconstitutionally being targeted due to political or policy objectives.
February 12, 2026
FTC Merger Filing Overhaul Thrown Out

The Federal Trade Commission hasn't shown the costs on merging companies outweigh the claimed benefits of dramatically increasing the amount of information that must be provided upfront when giving notice of a transaction, a Texas federal judge said Thursday, throwing out the commission's overhaul of premerger reporting requirements.
February 12, 2026
5 Key Flashpoints From Fed's 'Skinny' Account Proposal

The Federal Reserve's push to create "skinny" master accounts that would open up access to U.S. payment rails has become the latest front in long-running turf wars between banks and fintech companies. Here are five of the project's hottest flashpoints attracting controversy.
February 12, 2026
EPA Targets High Court Do-Over With GHG Rule Repeal

The Trump administration's removal of the link between greenhouse gases and public health takes aim at the U.S. Supreme Court's 2007 landmark determination that GHGs are air pollutants, and will spark a prolonged battle with consequent uncertainty for industries.
February 12, 2026
Affairs, Spending Come Out In Goldstein Cross-Examination

SCOTUSblog founder Thomas Goldstein was confronted Thursday with allegations of extramarital affairs, lavish spending and lies on asset disclosures, all in front of the jury in his ongoing tax fraud trial.
February 12, 2026
5th Circ. Upholds Texas Ban On Compensated Vote Harvesting

The Fifth Circuit on Thursday reinstated enforcement of Texas' felony ban on compensated vote harvesting, saying that hypothetical scenarios are not enough to claim that a law is unconstitutional.
February 12, 2026
US Sets 15% Tariff On Taiwanese Imports In Trade Deal

Taiwan has agreed to lift nearly all of its tariffs on U.S. imports and pledged to purchase nearly $85 billion in American goods in exchange for a 15% tariff on Taiwanese goods, according to a reciprocal trade deal signed Thursday.
February 12, 2026
DC Judge Skeptical Funding Lapse Settles ICE Visit Policy Row

A D.C. federal judge considered Thursday whether the U.S. Department of Homeland Security permissibly used a funding gap to freshen up a policy requiring a week's notice for congressional oversight visits, or if a longstanding spending rider prohibits the move.
February 12, 2026
7th Circ. Takes Up BIPA Amendment's Retroactivity

The Seventh Circuit heard arguments Thursday over whether a liability-limiting amendment to Illinois' biometric privacy law has retroactive application to lawsuits filed before it took effect, with one judge on the panel saying it seemed like "billions of dollars of consequences turn on how we label the change."
February 12, 2026
Challenge To 3D-Printed Gun Law Fails, 3rd Circ. Rules

The First Amendment does not protect the distribution of "purely functional code" that would allow for the 3D printing of guns, the Third Circuit ruled Thursday, ending a challenge to a New Jersey law from a Texas-based firearm company and a gun rights group.
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.
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.
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.

Expert Analysis

SEC Rulemaking Radar: A Reset, A Shift And A Preview Of '26

With major proposals withdrawn and new priorities emerging, forthcoming U.S. Securities and Exchange Commission proposals in 2026 will look to reshape how digital assets are regulated, recalibrate market structure and simplify how small companies go public, says Christopher Grobbel at Goodwin.
Changes In Crypto, Cybersecurity Defined NY Banking In 2025

The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
Opinion

Justices Should Clarify Loper Bright Doctrine Via Patent Case

The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.
How OECD Tax Update Tackles Mobile Workforce Complexity

The Organization for Economic Cooperation and Development’s recently updated model tax convention — a recalibration of international tax principles in response to an increasingly mobile workforce — should prompt companies to reevaluate cross-border operations, transfer pricing policies and tax controversy strategies, say attorneys at Eversheds.
Reviewing 2025's Most Pertinent Wiretap Developments

2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
2025 Legal Milestones That Will Shape Psychedelics Sector

As 2025 draws to a close, psychedelic drug development stands at an inflection point, experiencing unprecedented momentum through recent sweeping regulatory changes and landmark clinical milestones, amid rapidly evolving regulatory expectations, say Odette Hauke at Odette Alina LLC and Kimberly Chew at Husch Blackwell.
M&A Midmarket Shows Resilience Amid 2025 Challenges

Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.
Del. Dispatch: Key 2025 Corporate Cases And Trends To Know

The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.
Series

Nature Photography Makes Me A Better Lawyer

Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
2025 Brought A New Paradigm For Federal Banking Regulation

A series of thematic shifts defined banking regulation in 2025, including a fundamental reform of prudential supervision, a strategic easing of capital constraints, steps to streamline merger reviews, and a new framework for fair access and entrants seeking to offer banking services, say attorneys at Simpson Thacher.
What 2025 Transpo And Logistics Legal Trends Mean For 2026

2025 was challenging for the transportation and logistics sector, with emergent trends including dramatic federal policy shifts, developments in tort risk, and a host of mergers and acquisitions — but a review of these themes offers a useful playbook for where the industry is headed in 2026, says Jonathan Todd at Benesch.
How Cos. Can Roll With NY's New Algorithmic Pricing Rules

Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
2025 State AI Laws Expand Liability, Raise Insurance Risks

As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
Series

Law School's Missed Lessons: Practical Problem Solving

Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
Crypto In 2025: From Federal Deregulation To State Action

The cryptocurrency enforcement landscape evolved in 2025, marked by federal deregulatory trends and active state attorney general enforcement, creating both opportunity and risk for businesses navigating the digital asset market, say attorneys at Cozen O'Connor.