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Public Policy
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January 06, 2026
Halligan Ordered To Explain Why She's Still Listed As US Atty
A Virginia federal judge Tuesday ordered Lindsey Halligan to explain why she was still identifying herself as a U.S. attorney despite another judge's order finding that the former insurance lawyer hadn't been properly appointed and was serving illegally on an interim basis.
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January 06, 2026
Judiciary Advisers Predict Clashes Over AI, Remote Testimony
The federal judiciary's policy advisers appeared divided Tuesday over efforts to align procedural rules with digital age technology and preferences, and they predicted a torrent of impassioned input if they open up their delicate internal debates to the entire public.
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January 06, 2026
5th Circ. Pushes FDA On 'De Facto' Vape Marketing Ban
A Fifth Circuit panel seemed leery of the U.S. Food and Drug Administration's claim that it had no de facto ban in place for flavored refillable e-cigarette products, saying Tuesday that denying hundreds of thousands of applications seemed an awful lot like a ban.
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January 06, 2026
Ex-EEOC Officials Decry Harassment Guidance Rollback
A group of former top officials at the Equal Employment Opportunity Commission and U.S. Department of Labor on Tuesday issued a statement criticizing the Trump administration's proposed elimination of guidance on workplace harassment, saying it's an attack on the LGBTQ community and strays from U.S. Supreme Court precedent.
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January 06, 2026
DHS Blasts ICE Detainees' Lengthy Conditions Complaint
The U.S. Department of Homeland Security is urging an Illinois federal judge to toss a class action claiming federal immigration officials subjected detainees to inhumane conditions at a Chicago-area holding facility, saying the complaint is "unnecessarily long" and otherwise fails to plead valid constitutional or procedural claims.
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January 06, 2026
Feds Sue Calif. Cities To Extinguish Natural Gas Bans
The Trump administration is going after two cities in California over building codes that ban natural gas infrastructure in newly constructed buildings, alleging in a lawsuit Monday that these local rules "impose crushing costs" on Californians and run afoul of federal law.
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January 06, 2026
US Removal Of Maduro Won't Curb Energy Cos.' Caution
U.S. oil and gas companies will need significant legal and regulatory assurances that any new investment in Venezuela will be shielded from political instability before heeding President Donald Trump's call to fortify the country's floundering oil and gas industry.
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January 06, 2026
Vape Interests Look To 5th Circ. To Halt Miss. E-Cig Law
A coalition of vaping interests is asking the Fifth Circuit to revive its lawsuit seeking to end a Mississippi law that blocks the sale of synthetic nicotine products, the same parties that are also moving forward with similar efforts at the Sixth Circuit.
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January 06, 2026
4th Circ. Revives Black Ex-Baltimore Cop's Race Bias Suit
A divided Fourth Circuit on Tuesday revived a Black former Baltimore police officer's suit alleging she was treated less favorably than non-Black officers by being pushed out, saying she offered adequate examples of other officers who received more leniency than she did for alleged misconduct for her race discrimination claim to survive.
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January 06, 2026
Wash. Atty Impaled By Debris In National Park Can Sue Feds
A Washington federal judge declined to toss an attorney's lawsuit against the federal government alleging he was impaled by wooden debris in Lake Chelan after jumping from a dock at a National Park Service campground, but said the court needs more information to be sure the case satisfies jurisdictional requirements.
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January 06, 2026
'Get Over' Yourself, Ho Says To Judges' Independence Worry
U.S. Circuit Judge James C. Ho snapped back at colleagues on the bench who have raised the alarm over threats to judicial independence, writing in an article that those complaining judges "need to get over themselves" and stop bowing to the "cultural elites" who oppose the Trump administration.
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January 06, 2026
Cigna Accused Of Rigging Market For Life-Saving Drugs
Patients with chronic health conditions sued Cigna in an Illinois federal court alleging in a proposed class action Tuesday that the company and its pharmacy and pharmacy benefit manager subsidiaries use exclusive agreements to lock users into a network where Byzantine refill processes have been deliberately erected to limit payouts for life-saving drugs.
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January 06, 2026
FTC Signals Support Of Miss. Bill For Midwives' Solo Practice
A Federal Trade Commission official on Monday encouraged a Mississippi lawmaker to keep in mind the possible motives of opponents of proposed legislation that would exempt midwives from having to contract with physicians to provide advanced-level nursing care.
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January 06, 2026
FDA To Ease Regulation Of Wearables, Decision Software
U.S. Food and Drug Administration Commissioner Marty Makary touted new federal guidance on Tuesday that he said would promote innovation by making it easier to bring certain kinds of wearable devices and clinical-decision software to market without a strict regulatory review.
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January 06, 2026
Wilcox Asks DC Circ. To Protect NLRB's Independence
The D.C. Circuit should reverse a decision by two of its judges that would end the National Labor Relations Board's independence if allowed to stand, former board member Gwynne Wilcox argued, seeking to nix a ruling that lets President Donald Trump remove and replace NLRB members at will.
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January 06, 2026
Ex-CFTC Chair, Robinhood's Top Atty Join FINRA Board
Former U.S. Commodity Futures Trading Commission Chair Rostin Behnam and the chief legal officer for popular trading app Robinhood Markets are among those whose appointment to the board of Financial Industry Regulatory Authority was announced on Tuesday.
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January 06, 2026
BofA Faces Customer Suit Over Post-Jan. 6 'Surveillance'
Bank of America was hit with a putative class action accusing it of financial privacy violations tied to the aftermath of the Jan. 6, 2021, U.S. Capitol attack, alleging the bank aggressively mined and illegally shared customer data with authorities looking for leads.
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January 06, 2026
Cider-Maker Challenges Federal Ban On Vintage Labeling
A Washington state maker of alcoholic beverages is challenging a federal government restriction that prevents producers of cider, mead and wines made from any fruit besides grapes from including vintage years on their product labels, arguing that the policy withholds information from consumers and violates the First Amendment.
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January 06, 2026
1st Circ. Questions Feds' Mootness Claim In NIH Grant Suits
The First Circuit appeared to push back Tuesday on assertions by the government that new guidance for terminating medical research grants over supposed links to issues like DEI, gender identity and vaccines — along with a partial settlement last week — moot a pair of lawsuits challenging the directives.
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January 06, 2026
7th Circ. Blocks Satanic Temple's Ind. Abortion Law Challenge
The Seventh Circuit ruled Tuesday the Satanic Temple doesn't have standing to challenge Indiana's abortion ban, saying it has no ties to an in-person abortion clinic in the state and that its argument it could be prosecuted for providing telehealth appointments to those seeking the procedure isn't enough to show injury.
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January 06, 2026
RFK Jr. Can't Avoid Medical Groups' Challenge To Vax Policy
A Boston federal judge on Tuesday rebuffed U.S. Health and Human Services Secretary Robert F. Kennedy Jr.'s bid to dismiss a challenge to vaccine policy changes, saying medical associations have plausibly alleged a federal vaccine committee is not fairly balanced.
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January 06, 2026
Public Health Atty Talks Botulism, Infants And FDA Staffing
Three years ago, a bacterial outbreak at a Michigan manufacturing plant sparked a shutdown and a national infant formula shortage. Another episode last year at a formula plant in Iowa should be a red flag for the public and a short-handed FDA, according to Sarah Sorscher of the Center for Science in the Public Interest.
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January 06, 2026
Drugmakers Fight Multifront Legal Battles Over GLP-1s
In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.
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January 06, 2026
Calif. Tribe Rejects Feds' Delay In 40-Acre Land Transfer Fight
A California tribe is asking a D.C. federal court to deny a bid by the U.S. Department of the Interior for an indefinite stay in responding to a challenge to the agency's decision to approve a 40-acre land transfer for a fellow state tribe's casino project.
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January 06, 2026
Calif. Locomotive Emissions Rule Repeal Ends Industry Suit
A California federal judge on Tuesday dismissed a legal challenge from rail industry groups to a since-repealed regulation that would've required railroads to transition to zero-emission locomotives in the Golden State, closing the book on the dispute after the parties agreed to drop the case.
Expert Analysis
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AG Watch: Ohio's Prediction Market Preemption Battle
Ohio Attorney General Dave Yost is playing a significant part in two cases involving Kalshi before the Third Circuit and the Southern District of Ohio, the latest in a growing string of court battles regarding which regulations govern prediction markets that will have notable consequences on sports gambling nationwide, say attorneys at BakerHostetler.
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How Banks Can Pilot Token Services As Fed Mulls Reforms
While the Federal Reserve explores streamlined payment accounts and other reforms aimed at digital asset infrastructure, banks and payment companies seeking to launch stablecoin services must apply the same rigor they use for cards or automated clearinghouse, says Christopher Boone at Venable.
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What Developers Must Know About PJM Grid Connection Plan
As PJM Interconnection, the nation's largest grid operator, reforms its interconnection process in an effort to accelerate capacity expansion amid surging demand, developers interested in PJM's new expedited track should anticipate significant up-front costs, and plan carefully to minimize delays that could jeopardize project completion, say attorneys at King & Spalding.
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How Marsy's Law Has Been Applied In Unexpected Ways
Since Marsy’s Law was first passed in California 17 years ago, 12 states have passed similar laws to protect crime victims’ rights, but recent developments show that it’s being applied in ways that its original proponents may never have anticipated — with implications for all legal practitioners, says Tom Jones at Berk Brettler.
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Series
The Law Firm Merger Diaries: Making The Case To Combine
When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.
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State AGs May Extend Their Reach To Nat'l Security Concerns
Companies with foreign supply-chain risk exposure need a comprehensive risk-management strategy to address a growing trend in which state attorneys general use broadly written state laws to target conduct that may not violate federal regulations, but arguably constitutes a national security threat, say attorneys at Wiley.
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Global Net-Zero Shipping Framework Faces Rough Waters
The decision of the International Maritime Organization's Marine Environment Protection Committee to delay its proposal for reducing greenhouse gas emissions from ships, in the face of strenuous U.S. objections, highlights the importance of proactive engagement with policymakers and strategic planning for different compliance scenarios, say attorneys at Blank Rome.
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5 Bonus Plan Compliance Issues In Financial Services
As several legal constraints — including a new California debt repayment law taking effect in January — tighten around employment practices in the fiercely competitive financial services sector, the importance of compliant, well-drafted bonus plans has never been greater, say attorneys at Jackson Lewis.
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What To Watch As NY LLC Transparency Act Is Stuck In Limbo
Just about a month before it's set to take effect, the status of the New York LLC Transparency Act remains murky because of a pending amendment and the lack of recent regulatory attention in New York, but business owners should at least prepare for the possibility of having to comply, says Jonathan Wilson at Buchalter.
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1st Trial After FCPA Pause Offers Clues On DOJ Priorities
After surviving a government review of Foreign Corrupt Practices Act enforcement, the U.S. v. Zaglin case reveals the U.S. Department of Justice still appears willing to prosecute individuals for conduct broadly consistent with classic priorities, despite the agency's new emphasis on foreign policy priorities, say attorneys at Debevoise.
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Opinion
Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar
Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.
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Unique Aspects Of Texas' Approach To AI Regulation
The Texas Responsible AI Governance Act — which will soon be the sole comprehensive artificial intelligence law in the U.S. — pulls threads from EU and Colorado laws but introduces more targeted rules with fewer obligations on commercial entities, say attorneys at MVA Law.
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Wells Process Reforms Serve SEC Chair's Transparency Goals
Enforcement policy changes U.S. Securities and Exchange Commission Chairman Paul Atkins recently set forth will help fulfill his stated goal of making Division of Enforcement investigations more fair and transparent by changing the Wells process to provide recipients earlier consultations with SEC staff, greater evidence access and more time to file responses, say attorneys at Dechert.
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Contradictory Rulings Show Complexity Of Swaps Regulation
Recent divergent rulings, including two by the same Nevada judge, on whether the Commodity Exchange Act preempts state gambling laws when applied to event contracts traded on U.S. Commodity Futures Trading Commission-regulated markets illustrate the uncertainty regarding the legality of prediction markets, say attorneys at Akin.
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How New Law Transforms Large-Load Power Projects In Texas
S.B. 6 — the new Texas law that revises state regulations for large electrical loads and related behind-the-meter projects — introduces higher up-front costs for developers and more flexible operating models for large-load customers, but should provide the certainty needed for greater investment in generation, say attorneys at Sidley.