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Public Policy
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February 05, 2026
Fla. Justices Let AG Drop Pot Ballot Campaign Challenge
The Florida Supreme Court has agreed to let the state's attorney general dismiss his request for an advisory opinion on the constitutionality of an adult use cannabis ballot initiative over the objection of the initiative's sponsors.
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February 05, 2026
Colo. Bill Would OK Split Tax Rates For Land, Buildings
Colorado jurisdictions could tax structures and other improvements at lower rates than the land they are on under legislation introduced in the state House of Representatives aimed at providing incentives for development while discouraging land speculation.
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February 05, 2026
Judge Who Resigned To Criticize Trump Had Faced Inquiry
Former Massachusetts U.S. District Judge Mark L. Wolf was the subject of an inquiry into potential misconduct when he announced his November resignation, a decision he said at the time was motivated by a desire to speak out against the Trump administration, according to a source familiar with the matter.
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February 04, 2026
Albright Axes Texas' Anti-ESG Law As Unconstitutional
Texas' law restricting state investments with financial firms and businesses that want to reduce their reliance on fossil fuels is both "overbroad and unconstitutionally vague," a federal judge has ruled, handing a sustainability-focused business group a summary judgment victory.
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February 04, 2026
DC Circ. Preserves Secrecy Of DOJ's Gag Orders On Google
The D.C. Circuit has rejected a nonprofit group's push to unmask applications filed by the U.S. Department of Justice that blocked Google from informing one of its email subscribers about a subpoena for some of his account data, agreeing with the lower court that the records were shielded by grand jury secrecy rules.
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February 04, 2026
Goldstein Accountant Admits Tax Return Errors
A star government witness and the top outside accountant for SCOTUSblog founder Thomas Goldstein and his law firm admitted to making mistakes on Goldstein's tax returns and offering the grand jury erroneous testimony, under cross-examination in the U.S. Supreme Court lawyer's tax fraud trial Wednesday.
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February 04, 2026
Senate Committee Mulls Autonomous Vehicle Standards
U.S. Senate lawmakers on Wednesday renewed debate over how to craft a federal regulatory framework governing autonomous vehicles in the U.S., as Tesla, Waymo and other industry executives pressed for concrete rules to help drive innovation and competition, while also defending their safety records in the face of recent incidents.
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February 04, 2026
NY, NJ Sue Feds Over Hudson River Tunnel Funding Pause
New York and New Jersey have accused the U.S. Department of Transportation of unlawfully withholding $15 billion to fund the rehabilitation of aging commuter train tunnels under the Hudson River, saying the government did not give a valid reason for the decision.
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February 04, 2026
Wash. AG Defends 'Constitutional' Anti-Spam Law In Ulta Suit
Washington's attorney general is defending the constitutionality of a state anti-spam law, denying arguments by beauty retailer Ulta that the statute is an undue burden on interstate commerce and runs afoul of federal law.
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February 04, 2026
Ore. Judge Blocks ICE From Making Warrantless Arrests
An Oregon federal judge on Wednesday barred ICE from making warrantless immigration arrests in the state without probable cause that an individual is likely to escape before a warrant can be obtained, and provisionally certified a class of people who have been or will be swept up in warrantless immigration arrests instate.
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February 04, 2026
'Extraordinary Circumstances': Elon Musk Faces USAID Depo
A Maryland federal judge on Wednesday said billionaire Elon Musk must testify in litigation filed by U.S. Agency for International Development employees claiming he illegally dismantled the foreign aid agency while head of the advisory organization known as the Department of Government Efficiency, saying "extraordinary circumstances justify the deposition."
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February 04, 2026
Bessent Says Card Rate Cap's Effects 'Important' To Review
U.S. Treasury Secretary Scott Bessent declined to say Wednesday whether he supports President Donald Trump's proposed 10% credit card rate cap, instead telling lawmakers that reining in credit card rewards could be a way to address cost concerns.
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February 04, 2026
Wash. Tribes Sue Feds Over $240M Of Salmon Hatchery Funds
Two tribes in Washington state have sued the National Oceanic and Atmospheric Administration and other federal agencies on claims the government unfairly told them they weren't eligible to apply for $240 million of Pacific salmon hatchery funds under the Inflation Reduction Act.
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February 04, 2026
Atty Nonprofit Claims Denver Police Withheld Discovery Info
An attorney nonprofit organization claimed the Denver Police Department is not complying with Colorado open record laws, arguing in Colorado state court that the department denied a records request seeking information about discovery that wasn't shared with defendants in hundreds of criminal cases.
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February 04, 2026
USPTO Scraps Interested Party Precedent After New Ruling
The U.S. Patent and Trademark Office has removed the precedential status of two 2019 decisions addressing the rule that patent challengers must identify all interested parties, saying they were at odds with a decision that was made precedential last year.
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February 04, 2026
Texas AG Sues County Over Immigrant Legal Defense Funding
The Texas attorney general told a state district court that Bexar County unlawfully used taxpayer dollars to fund the legal defense of unauthorized immigrants who are facing deportation proceedings, saying Wednesday the county may have allocated more than $1 million to an allegedly illegal program.
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February 04, 2026
Judge Says $40B Ligado Suit Looks 'Destined' For High Court
Network company Ligado's nearly $40 billion lawsuit accusing the government of wrongly blocking its use of a certain slice of the airwaves seems likely to eventually land in the U.S. Supreme Court, the Federal Circuit's chief judge said Wednesday.
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February 04, 2026
Squires Throws Out 23 Patent Challenges, Grants 12
The latest summary decision from U.S. Patent and Trademark Office Director John Squires denied 23 America Invents Act petitions and instituted 12 others, bringing his total number of patent challenges granted to 60.
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February 04, 2026
HPE Backs DOJ Bid For Final Merger Deal Approval
Hewlett Packard Enterprise has endorsed the Justice Department's bid for final approval of a controversial settlement permitting the $14 billion purchase of Juniper Networks, telling a California federal judge that Democratic state attorneys general have nothing but "vague and inaccurate accusations" that the deal was improper.
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February 04, 2026
Minn. Judge Skeptical Of Widespread Refugee Detention
A Minnesota federal judge on Wednesday appeared to doubt the necessity of sweeping detentions of refugees in Minnesota who have not yet secured their green cards, questioning the Trump administration's powers to return refugees to federal custody.
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February 04, 2026
CFTC Withdraws Proposal To Ban Sports, Election Contracts
U.S. Commodity Futures Trading Chair Michael Selig on Wednesday withdrew a 2024 proposed rule that would have banned trading on the outcome of elections and sporting events, saying the agency will instead float a new rule that promotes "innovation" in derivatives markets.
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February 04, 2026
Partisan Permit Reform Won't Last In Long Run, Dem Says
A Democratic member of the House Energy and Commerce Committee on Wednesday called for bipartisan reform of state and local broadband permitting laws, saying a GOP approach that excludes the other side could stymie the legislation.
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February 04, 2026
EPA Can't OK Calif. Engine Emissions Rules, 9th Circ. Told
The U.S. Environmental Protection Agency failed to determine whether California's plan to set tighter emissions rules for off-road engines warranted a Clean Air Act waiver before giving the go-ahead to the Golden State, industry groups have told the Ninth Circuit.
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February 04, 2026
US Supreme Court Won't Halt New Calif. Congressional Map
The U.S. Supreme Court will not block California's new, voter-approved congressional districts before they can be used in this year's midterm election while California Republicans appeal their previous failed bid to block the redrawn map that they argue constitutes illegal racial gerrymandering with Democratic officials "maximizing Latino voting strength."
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February 04, 2026
Clemency Was 'Broken' Long Before Trump. Can It Be Fixed?
President Donald Trump has transformed what has historically been a bureaucratic process for seeking federal pardons and commutations into a more freewheeling affair with few clear rules — and no easy solutions for reform, experts say.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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New Biotech Nat'l Security Controls May Have Blunted Impact
While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Takeaways From The DOJ Fraud Section's 2025 Year In Review
Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.
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New State Regs On PFAS In Products Complicate Compliance
The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.
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Bid Protest Data Contradicts Claims That System Is Inefficient
Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.
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Opinion
Congress Should Lead On AI Policy, Not The States
There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.
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Breaking Down Expense Allocation In Mixed-Use Properties
Rapid increases in condominium fees and special assessments, driven by multiple factors such as rising insurance costs and expanded safety requirements, are contributing to increased litigation, so equitable expense allocation in mixed-use properties requires adherence to the governing documents, says Mike Walden at FTI Consulting.
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Opinion
Minn. Can Still Bring State Charges In Absence Of Fed Action
After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.
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4 Lessons From FTC's Successful Bid To Block Edwards Deal
The Federal Trade Commission's recent victory in blocking Edwards Lifesciences' acquisition of JenaValve offers key insights for deals in life sciences and beyond, including considerations around nonprice dimensions and clear skies provisions, say attorneys at Orrick.
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Limiting Worker Surveillance Risks Amid AI Regulatory Shifts
With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt state-level artificial intelligence enforcement, companies may feel encouraged to expand AI monitoring, but the legal exposure associated with these tools remains, say attorneys at MoFo.
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Can OCC State Banking Law Preemption Survive The Courts?
While two December proposals from the Office of the Comptroller of the Currency seek to foreclose pending consumer litigation against national banks related to residential mortgage lending, it's unclear whether this aggressive approach will withstand judicial scrutiny under the U.S. Supreme Court's 2024 rulings in Cantero and Loper Bright, say attorneys at Davis Wright.
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How Selig May Approach CFTC Agricultural Enforcement
As the U.S. Commodity Futures Trading Commission begins a new chapter under recently confirmed Chairman Michael Selig's leadership, a look back at the agency's actions in agricultural markets over the past six years sheds light on what may lie ahead for enforcement in the area, say attorneys at Latham.
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Assessing Factors Behind Biosimilar Uptake And Competition
As biosimilar uptake remains uneven and questions linger over whether the Biologics Price Competition and Innovation Act can deliver robust competition between biologics and biosimilars, a case study of Humira and its biosimilars illustrates how many factors, including payor reimbursement and formulary strategy, collectively shape competitive dynamics, say analysts at Analysis Group.
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State Of Insurance: Q4 Notes From Illinois
In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.