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Public Policy
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January 13, 2026
Energy Co. Seeks Early Win In ND Lease Cancellation Row
A Colorado energy company is asking a North Dakota federal district court to vacate a series of Bureau of Indian Affairs decisions that determined it didn't own a legally protected interest in a decades-old 320-acre gas and oil lease on the Fort Berthold Indian Reservation.
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January 13, 2026
Youths Urge 9th Circ. To Revive Trump Energy Orders Fight
A group of young people asked the Ninth Circuit to revive their lawsuit challenging President Donald Trump's energy-related emergency orders, arguing the lower court erred by saying it did not have jurisdiction to rule on the matter.
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January 13, 2026
Halligan Blasts Court's 'Inquisition' Over US Atty Status
Lindsey Halligan said Tuesday that she is still the U.S. Attorney for the Eastern District of Virginia despite a recent ruling to the contrary, dismissing a federal judge's questions about why she's still using the title as an "inquisition" and a "gross abuse of power."
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January 13, 2026
NJ Gov. Says Ex-Elections Chief's Admission Fatal To Case
New Jersey Gov. Phil Murphy told a state court judge that a suit by former elections chief Jeffrey Brindle should be completely dismissed because his decision to write a satirical article in his official capacity invalidates his First Amendment claim as it applies to his continued employment in the role.
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January 13, 2026
NJ Gov. Signs Bill Regulating Intoxicating Hemp Products
New Jersey Gov. Phil Murphy has signed into law a bill regulating the sale of intoxicating hemp products, closing what the bill's sponsors called a loophole that allowed them to be sold without oversight.
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January 13, 2026
4th Circ. Combines DOJ Appeals Of Comey, James Dismissals
The Fourth Circuit has granted the Trump administration's request to combine its previously separate appeals of the dismissals of prosecutions against former FBI Director James Comey and New York Attorney General Letitia James.
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January 13, 2026
FCC Told It Lacks Legal Authority For Jail Cellphone Jamming
The Federal Communications Commission does not have the statutory power to authorize cellphone signal jamming in jails and prisons, a consumer interest group says.
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January 13, 2026
Court Urged To Block Trump Admin's Anti-Wind, Solar Orders
Clean energy advocates have asked a Massachusetts federal judge to block a suite of Trump administration actions aimed at restricting wind and solar development, claiming there's no justification for the policies aside from the administration being anti-renewable energy.
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January 13, 2026
Harvard Seeks 1st Circ. Backing For Student Visa Program
The federal government "has no persuasive defense" of its efforts to bar international students from enrolling at Harvard University, the school told the First Circuit in asking the court to uphold an order enjoining the move.
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January 13, 2026
SD Gov. Proposes Local Property Tax Alternative In Address
South Dakota counties would have the option to replace the county's share of property taxes with a half-cent sales tax under a plan proposed by the governor in his State of the State address Tuesday.
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January 13, 2026
Express Scripts Can't Impel FTC Atty Views On Insulin Makers
A Federal Trade Commission in-house judge has denied a bid from Express Scripts to force a commission attorney to sit for a deposition to discuss an investigation into insulin manufacturers as the pharmacy benefit manager defends against the agency's insulin pricing case.
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January 13, 2026
Jack Smith To Testify Publicly Next Week
Former special counsel Jack Smith is slated to testify publicly before the House Judiciary Committee on Jan. 22 after, according to his attorney, having been "ready and willing" to do so for a while.
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January 13, 2026
Tribal Groups Weigh In On High Court Miss. Ballot Dispute
A group of Native American organizations is backing a U.S. Supreme Court petition that looks to reverse a Fifth Circuit determination on Mississippi's law regarding late-arriving mail-in ballots, arguing that not allowing states to extend receipt deadlines will lead to further disenfranchisement of Indigenous people.
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January 13, 2026
NJ Sues Metal Recycler Over Fires, Cites Public Nuisance
New Jersey has launched a public nuisance suit against one of the nation's largest scrap metal recyclers, alleging that the company has allowed hazardous conditions at its Camden facilities to persist for years, triggering more than a dozen fires that have repeatedly blanketed nearby neighborhoods in smoke and toxic pollution.
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January 13, 2026
Maine Alters Excise Tax Assessment On Camper Trailers
Maine will change its application and collection of excise tax on camper trailers under a law that took effect without the signature of Democratic Gov. Janet Mills.
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January 13, 2026
House Clears African, Haitian Trade Agreement Extensions
The U.S. House of Representatives late Monday overwhelmingly approved two bills that would extend regional trade agreements with African nations and Haiti for three years each, with both now headed to the U.S. Senate for approval.
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January 13, 2026
Sen. Warren Questions SEC On Crypto In 401(k) Plans
Sen. Elizabeth Warren sent a letter to the U.S. Securities and Exchange Commission in advance of a banking committee vote on cryptocurrency market structure legislation, asking how the agency will protect investors as the administration also pushes to broaden access to cryptocurrency in 401(k) retirement plans.
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January 13, 2026
Approach The Bench: Judge Bough On Ethics
Years of experience as a plaintiff's attorney influenced U.S. District Judge Stephen Bough's disclosure rules for litigators appearing in his court.
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January 13, 2026
Hemp Co. Accuses Rival Of Using Pot-Based THC, Not Hemp
Hemp-derived cannabinoid company CCT Sciences LLC is suing a competitor in Florida federal court, alleging that despite the rival's claims of using "natural" hemp-derived THC, it instead uses illegal cannabis derivatives in its products.
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January 13, 2026
Md. Bill Would Allow Separate Land, Improvement Tax Rates
Maryland would authorize local governments to establish subclasses of real property consisting of land and improvements to land and impose separate tax rates for each subclass under legislation set to be considered by the state House of Delegates' Ways and Means Committee.
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January 12, 2026
4 Ways DOJ Probe Into Powell Could Be Risky For Trump
The criminal probe that President Donald Trump's U.S. Department of Justice has opened into Federal Reserve Chair Jerome Powell dramatically escalates administration pressure on the central bank, but it is not without significant potential risks for the White House.
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January 12, 2026
NY Fights Feds' Stop-Work Orders For Offshore Wind Projects
New York is challenging a federal order halting construction of two offshore wind projects that are projected to power more than a million homes, saying the Trump administration has not explained why the projects, which both previously passed all safety and environmental reviews, have suddenly presented national security concerns.
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January 12, 2026
Dominion Energy Wants $11B Offshore Wind Project Revived
Dominion Energy has asked a Virginia federal court to block the Trump administration from shutting down work on an $11 billion offshore wind project, arguing that the Bureau of Ocean Energy Management hasn't explained its rationale for the abrupt suspension order, which threatens thousands of jobs and hundreds of millions of dollars.
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January 12, 2026
DC Court Won't Rehear Calif. Tribal Recognition Dispute
A D.C. federal judge has refused to reconsider his order denying a bid by a group of residents to block a U.S. Department of the Interior decision giving federal recognition to California's Ione Band of Miwok Indians as the tribe completes construction of a casino.
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January 12, 2026
5th Circ. Won't Revive TMX's Texas Challenge To $52M Pa. Fine
An affiliate of consumer lender TMX Finance can't use Texas federal courts to challenge the enforcement of Pennsylvania's consumer lending interest rate cap by the Keystone State's financial regulator, the Fifth Circuit has determined.
Expert Analysis
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Tariffs And Trade Volatility Drove 2025 Bankruptcy Wave
The Trump administration's tariff regime has reshaped the commercial restructuring landscape this year, with an increased number of bankruptcy filings showing how tariffs are influencing first‑day narratives, debtor-in-possession terms and case strategies, say attorneys at Thompson Hine.
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Insuring Equality: 3 Tips To Preserve Coverage For DEI Claims
Directors and officers and employment practices liability are key coverages for policyholders to review as potentially responsive to the emerging liability threat of Trump's executive orders targeting corporate diversity, equity and inclusion policies and practices, says Micah Skidmore at Haynes Boone.
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Perspectives
Justice Requires Excluding Manner Of Death As Evidence
A recent report showing that the unstandardized and subjective U.S. system of medicolegal death investigations contributes to unjust convictions should prompt courts and lawmakers to reject manner of death testimony in favor of more transparent and testable forensic evidence, say Peter Neufeld and Isabelle Cohn at the Innocence Project.
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The SEC Whistleblower Program A Year Into 2nd Trump Admin
The U.S. Securities and Exchange Commission's whistleblower program continues to operate as designed, but its internal cadence, scrutiny of claims and operational structure reflect a period of recalibration, with precision mattering more than ever, say attorneys Scott Silver and David Chase.
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Autonomous Vehicle Liability Trends To Watch In 2026
With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.
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Key Crypto Class Action Trends And Rulings In 2025
As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.
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New Russia Energy Sanctions Add Compliance Complexity
Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.
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6 Laws For Calif. Employers To Know In 2026
California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.
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How New SEC Policies Shift Shareholder Proposal Landscape
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.
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NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?
Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.
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Tracking The Evolution Of AI Insurance Regulation In 2025
As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation
On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.