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Public Policy
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January 08, 2026
Pa. Board Can't Review Court Firing Over 'FAFO' Freebies
The Pennsylvania Labor Relations Board lacks jurisdiction to review an Adams County probation officer's firing over passing out stress balls with the irreverent acronym "FAFO" on them, since it did not fit a narrow union-related exemption to the courts' broad authority over their employees, a state appellate court said Thursday.
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January 08, 2026
Fed Eyeing Carveouts For Confidentiality Label, Bowman Says
The Federal Reserve's top bank regulator signaled openness to easing restrictions around so-called confidential supervisory information, or CSI, saying the label has grown so broad that it can obstruct collaboration and reduce regulatory accountability.
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January 08, 2026
Organ Procurer Says CMS Rule Will Toss Industry Into Chaos
A North Carolina-based organ procurement organization wants a federal court to toss aside a Centers for Medicare & Medicaid Services rule taking effect this year that will alter how organ procurers are certified, arguing the rule pits them against one another in a "Hunger-Games-style" competition.
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January 08, 2026
4 Executive Pay Trends Attorneys Will Be Watching In 2026
A potentially sweeping overhaul simplifying the U.S. Securities and Exchange Commission's disclosure regime for public company executive compensation will be top of mind for executive pay practitioners as they look for new developments in the coming year. Here's a look at this and three other areas they'll be keeping an eye on.
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January 08, 2026
Miami Dade College Seeks Judge DQ In Trump Library Case
Miami Dade College said a Florida state judge should be disqualified from presiding over a dispute concerning its transfer of land to the state for the Donald J. Trump Presidential Library, arguing that the judge thanked and hugged the retired Florida International University professor challenging the transfer and discussed facts that weren't in court documents.
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January 08, 2026
La. Judge Is Senate's 1st Judicial Confirmation Of 2026
The Senate voted 53-40 on Thursday to confirm former acting U.S. Attorney Alexander C. Van Hook to be a district judge in the Western District of Louisiana.
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January 08, 2026
EPA's Water Rule Dispute Paused Amid Legal Uncertainty
A North Dakota federal judge is holding in abeyance seven states' challenge to a U.S. Environmental Protection Agency's rule revision that considers tribal rights in addressing water quality standards until the agency determines if it wants to defend the final law or start a new rulemaking process.
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January 08, 2026
Sen. Ag Committee To Hold Crypto Markup Next Week
The Senate Agriculture Committee intends to hold its own markup of a bill to regulate crypto markets the same day as its Banking Committee counterparts, a spokesperson confirmed Thursday.
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January 08, 2026
Trump Admin Says Climate Grant Class Suit Is Moot
The Trump administration has told the D.C. Circuit that a proposed class action accusing it of illegally terminating a $3 billion environmental justice block grant program is moot because Congress has rescinded the funds that green groups and local governments are seeking to recover.
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January 08, 2026
Audits Get Final Word On Economic Substance, IRS Atty Says
IRS attorneys provide legal guidance during audits on whether a transaction lacks economic substance, but examiners make the ultimate determination, an agency associate chief counsel said Thursday while explaining how the agency applies a powerful anti-abuse tool in audits.
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January 08, 2026
Trump Seeks $6.2M In Legal Fees In Ga. Election Case
President Donald Trump asked a state judge Wednesday to award him more than $6.2 million in legal fees from his Georgia election interference case, invoking a recent state law allowing defendants to recoup their expenses from public coffers if their prosecutors are disqualified for misconduct.
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January 08, 2026
Trump Admin Can't Undo Block On Drug Rebate Program
A First Circuit panel has refused to lift a district judge's block on a Trump administration plan to pilot a rebate model for a federal drug discount program that benefits low-income patients, saying the federal government is unlikely to win its appeal.
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January 08, 2026
Legal Services Atty Named Top NYC Human Rights Enforcer
New York Mayor Zohran Mamdani has tapped a lawyer from a group that provides free legal services to low-income clients to spearhead the city's human rights enforcement body.
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January 08, 2026
IRS Floats Changes To Third-Party Settlement Payments
The Internal Revenue Service floated changes Thursday to withholding rules for organizations such as PayPal and Venmo that make payments to settle third-party network transactions, saying the move would align regulations with an increase to the threshold for tax reporting.
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January 08, 2026
US Atty In NY Northern District Serving Unlawfully, Judge Says
A Manhattan federal judge on Thursday held that the acting U.S. attorney for the Northern District of New York is unlawfully serving in his position, the latest in a string of rulings disqualifying prosecutors appointed by President Donald Trump.
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January 07, 2026
Trump Bars 'Underperforming' Defense Contractors' Buybacks
President Donald Trump said Wednesday that defense contractors are barred from buying back their own stocks or paying shareholder dividends if they are underperforming on their U.S. government contracts, ordering a review and potential "remediation plan" for contractors found slacking.
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January 07, 2026
Bulk Of SDNY Attys Are Tasked With Reviewing Epstein Docs
Over half of the more than 220 assistant U.S. attorneys at the U.S. Attorney's Office for the Southern District of New York have been tasked with sifting through documents related to the investigation of the late financier and sex offender Jeffrey Epstein, according to a Justice Department disclosure filed in federal court.
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January 07, 2026
10th Circ. Halts Kan. Bank's $20M FDIC Appeal For Settlement
The Tenth Circuit will hold off on hearing a small Kansas bank's push to challenge a $20 million anti-money laundering enforcement proceeding from the Federal Deposit Insurance Corp. after the two sides said Wednesday that they have reached a settlement.
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January 07, 2026
House Talks Market Share Regarding Netflix-WB Merger
Rapid consolidation in the streaming market was on the minds of members of the House Judiciary Committee's subcommittee on antitrust when they met Wednesday, with Democrats questioning if competition was being threatened and if the president was exerting too much influence on merger reviews.
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January 07, 2026
Trump Exits Climate Pact, UN Orgs. He Says 'Conflict' With US
President Donald Trump announced Wednesday he is withdrawing the United States from a decades-old international agreement that brings the world's countries together to take action against climate change, as well as 65 other international organizations and treaties that are "contrary to the interests" of the U.S.
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January 07, 2026
DOJ To Appeal Reinstatement Of Clearance For Mark Zaid
The Trump administration told a D.C. federal judge on Wednesday that it will obey his injunction to reinstate attorney Mark Zaid's security clearance as it appeals the ruling in the D.C. Circuit, but left open the possibility that government intelligence agencies could try to revoke it again for new reasons.
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January 07, 2026
Trump Family-Tied Stablecoin Co. Seeks Bank Charter
The Trump family-tied crypto company World Liberty Financial said Wednesday that it's filed an application with the Office of the Comptroller of the Currency to become a national trust bank as it looks to expand its stablecoin business, drawing the ire of one lawmaker, who called the application a conflict of interest.
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January 07, 2026
2 European Fintechs Seek OCC Bank Charters
Two European fintechs are seeking sign-offs from the Office of the Comptroller of the Currency to set up U.S. banks, including a firm planning to issue its own stablecoin.
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January 07, 2026
Mich. Again Falls Short In Bid To Ax Challenge To 24% Pot Tax
A Michigan federal judge is standing firm in her decision to allow industry members to proceed with a portion of their challenge to the state's excise tax on wholesale marijuana sales, finding that the state hasn't identified a "palpable error" that would justify disposing of the sole remaining dispute over the law's intent.
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January 07, 2026
Mich. AG Says State Lawmakers Can't Ax $645M In Spending
Michigan's attorney general said a state House committee acted unlawfully when it blocked $645 million in previously approved funds from rolling over to the next fiscal year, issuing a formal opinion Wednesday deeming the move unconstitutional.
Expert Analysis
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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How Banks Can Safely Handle Payments For Gambling Biz
As the betting market continues to expand, it's crucial for banks and fintechs to track historical developments in wagering and ongoing prediction markets litigation that can factor into a risk analysis for payment processing with respect to gambling operators, says Laura D'Angelo at Jones Walker.
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Wading Into NY Wetland Regs' 2025 Changes And Challenges
Solar developers in New York should keep a weather eye on litigation challenging the New York Department of Environmental Conservation’s recently expanded authority to regulate wetlands and waterways, which could erode the impact of a new permitting process meant to streamline solar development on protected wetlands, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
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Takeaways As Justices Let 5th Circ. Pollution Ruling Stand
The U.S. Supreme Court's recent certiorari denial leaves intact a Fifth Circuit ruling that environmental justice organizations have standing to pursue a civil rights challenge to a parish's land-use practice, underscoring the importance of local governments proactively engaging with communities to address cumulative impacts of development, say attorneys at ArentFox Schiff.
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AI's Role In Google Antitrust Suit May Reshape Tech Markets
The evolution of AI in retail has reshaped the U.S.' antitrust case against Google, which could both benefit small business innovators and consumers, and fundamentally alter future antitrust cases, including the Federal Trade Commission's lawsuit against Amazon, says Graham Dufault at ACT.
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Series
The Biz Court Digest: How It Works In Massachusetts
Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.
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Next Steps For DOE's Large-Load Interconnection Reforms
The U.S. Department of Energy's recent letter to the Federal Energy Regulatory Commission may mark a substantial expansion of FERC's open-access framework for large-load facilities, though the proposed timeline for the rulemaking appears to be extraordinarily short, say attorneys at Davis Wright.
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Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare
New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.
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What To Note In OCC, FDIC Plan To Standardize Supervision
The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp.'s recent proposals to standardize the meaning of "unsafe or unsound practice" and revise the process for issuing matters requiring attention could significantly narrow the scope of activities that spawn enforcement actions, says Brendan Clegg at Luse Gorman.
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How The SEC May Overhaul Its Order Protection Rule
Attorneys at Skadden trace the evolution of the controversial Rule 611 of Regulation National Market System, examine the current debate surrounding its effectiveness, and consider how the U.S. Securities and Exchange Commission's emerging Project Crypto initiative could reshape Regulation NMS for a tokenized, on-chain market environment.
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State Child Privacy Laws May Put More Cos. In FTC's Reach
Starting with Texas in January, several new state laws requiring app stores to share user age-related information with developers will likely subject significantly more companies to the Federal Trade Commission’s child privacy rules, altering their compliance obligations, say attorneys at Womble Bond.
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Why Appellees Should Write Their Answering Brief First
Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.
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FTC Focus: M&A Approvals A Year After Trump's Election
The Federal Trade Commission merger-enforcement regime a year since President Donald Trump's election shows how merger approvals have been expedited by the triaging out of more deals, grants for early termination of the Hart-Scott-Rodino waiting period, and zeroing in on preparing solutions for the biggest problems, say attorneys at Proskauer.