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Public Policy
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January 12, 2026
Minn. Lawmakers Demand ICE Halt Native Detentions
Members of the Minnesota Legislature's Native American Caucus are demanding that Immigration and Customs Enforcement stop targeting Indigenous individuals after four Oglala Sioux tribal members were detained in Minneapolis amid continuing immigration raids.
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January 12, 2026
Amendments Can't Fix Faulty Indictment, Mass. Justices Say
A Massachusetts man's indictment under the wrong subsection of a criminal statute could not be addressed through an amendment because it went to the substance of the case, the state's highest court said Monday in vacating his convictions for aggravated child rape.
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January 12, 2026
Neb. Bill Would Allow Income Tax Deductions For Tips, OT
Nebraska would allow individual income tax deductions for tips and overtime pay under a bill introduced in the state's unicameral Legislature.
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January 12, 2026
Sitting Judges Advocate For Bill To Allow Them To Carry Guns
Three federal judges have come out in support of a Republican-led bill to allow judges and prosecutors to carry concealed firearms across state lines.
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January 12, 2026
Justices Won't Review Who Can Protest Gov't Contracts
The U.S. Supreme Court on Monday declined to tackle an en banc Federal Circuit decision limiting who qualifies as an "interested party" allowed to protest a government contract award at the U.S. Court of Federal Claims.
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January 12, 2026
Justices Pass On Bias Suit Over SBA Small Biz Program
The U.S. Supreme Court on Monday declined to review a veteran's constitutional challenge to a Small Business Administration contracting program over alleged racial bias, after the Fourth Circuit ruled he lacked standing to pursue his claims.
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January 12, 2026
Justices Want SG Input On Arthritis Drug Competition Fight
The U.S. Supreme Court on Monday asked the Trump administration to weigh in on whether state unfair competition claims should be used to block a competitor from selling compounded versions of drugs in certain states.
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January 12, 2026
Justices Decline To Hear Alaska's Fishing Regulations Dispute
The U.S. Supreme Court won't step into a dispute between Alaska, the federal government and Indigenous groups over a Ninth Circuit order barring the state from opening part of the Kuskokwim River to all fishers and upheld decades of precedent that began with an Ahtna elder's 1984 litigation.
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January 12, 2026
Justices Won't Hear Duke Energy Monopoly Suit
The U.S. Supreme Court refused Monday to review a ruling that revived antitrust claims from NTE Energy Services accusing Duke Energy of squeezing it out of the power market in North Carolina.
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January 12, 2026
Justices Stay Out Of Nuke Waste Storage Fight
The U.S. Supreme Court on Monday declined to review the D.C. Circuit's dismissal of an anti-nuclear group's lawsuit challenging the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico.
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January 12, 2026
High Court Won't Hear Whistleblowers' FCC Fraud Claims
The U.S. Supreme Court declined Monday to review whether the D.C. Circuit erred by rejecting two lawyers' claims that entities linked to UScellular defrauded the government by falsely claiming small business credits in a federal spectrum auction.
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January 12, 2026
High Court Won't Hear Michigan Tribe's Fishing Pact Dispute
The U.S. Supreme Court won't overturn a Sixth Circuit decision to uphold a 2023 decree governing fishery management in the Great Lakes after a Michigan tribe argued that the agreement was negotiated over its objections and that it will micromanage the waters for the next quarter-century.
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January 09, 2026
Wash. AG Aims To Weigh In On Constitutionality Of Email Law
Washington state's attorney general intends to weigh in on a proposed class action accusing apparel maker Hanesbrands Inc. of flooding consumers' inboxes with misleading marketing emails, responding to Hanes' argument that the state's Commercial Electronic Mail Act is unconstitutional.
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January 09, 2026
Up Next At High Court: Pollution Lawsuits & Trans Athletes
The U.S. Supreme Court will kick off the new year by hearing disputes over the constitutionality of state laws banning transgender female athletes from female-only sports and whether state or federal courts are the proper forum for lawsuits seeking to hold major oil companies accountable for harm caused by their oil production activities along Louisiana's coast.
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January 09, 2026
Fed. Circ. Doubts Trade Secret Was Properly Spelled Out
The Federal Circuit spent part of its Friday morning mulling whether it is the court's job to, in the words of the judge who killed the trade secrets claims brought by a MasterCard unit against two McKinsey consultants, "do APT's job for it by mining its trade secrets from the raw materials."
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January 09, 2026
Sens. Urge App Stores To Ban X, Grok Over Sexual Images
A trio of U.S. Senate Democrats are calling on Apple and Google to remove the apps for the social media platform X and the generative artificial intelligence chatbot Grok from their app stores until the owner of these services, Elon Musk, adequately addresses the AI tool's generation of sexually explicit content, including "harmful and likely illegal depictions" of women and children.
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January 09, 2026
Calif. Climate Laws Violate Free Speech Rights, 9th Circ. Told
A coalition of business groups urged a Ninth Circuit panel Friday to preliminarily block new California laws requiring large companies to disclose financial risks tied to climate change, arguing the laws are unprecedented and violate the First Amendment, in part by being "completely untethered" to any product or transaction.
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January 09, 2026
Calif. Woman's Bid For Cannabis License Too Rushed, RI Says
Rhode Island has objected to the "rushed approach" a California entrepreneur has taken in her effort to nullify the residency requirement in the state's cannabis licensing system, telling a federal court it should first learn if the businesswoman would "otherwise qualify" for a license but for her out-of-state status.
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January 09, 2026
Wash. Gov. Pitches Bills On AI Chatbots, Vaccines, Housing
Washington state's governor announced six bills Friday that he's asking lawmakers to pass in the legislative session that kicks off Monday, including measures to increase housing, guard Washingtonians from people posing as law enforcement, reinforce the state's vaccine decision-making authority and establish protections around AI chatbots, particularly for youth.
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January 09, 2026
Conn. Deems Coinbase, Kalshi Contracts 'Pure' Gambling
Cryptocurrency giant Coinbase and the derivative exchange KalshiEX LLC are not entitled to injunctions that would block Connecticut's enforcement of state gaming laws against their "unlicensed, unlawful sports wagers disguised as financial products," the state argued Friday in federal court.
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January 09, 2026
FCC Approves Telecom's New Plan For Alaska Buildout
An Alaskan telecommunications company has received the go-ahead from the Federal Communications Commission to deploy its mobile service throughout the far-flung state with federal support, after the new plan showed the firm could triple the number of people for whom it provides service.
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January 09, 2026
Alabama Steps Away From Appeal In ACF Water Dispute
Alabama on Thursday dropped its appeal at the Eleventh Circuit in a fight over water management of the Apalachicola watershed after the U.S. Army Corps of Engineers agreed to changes proposed by Alabama and Georgia to end the decadeslong water feud.
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January 09, 2026
Mich. Bid For Behavioral Managed Care Contracts Can't Stand
A Michigan Court of Claims judge ruled the state health department's bid for Medicaid managed care contract proposals would unlawfully interfere with the duties of local governmental bodies that provide and coordinate behavioral health care.
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January 09, 2026
Squires Sets Precedent, Guidance On Discretionary Denials
U.S. Patent and Trademark Office Director John Squires on Friday designated four decisions on discretionary denials at the Patent Trial and Appeal Board precedential and another nine informative.
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January 09, 2026
NY Groups Fight To Keep ICE Courthouse Arrest Suit Alive
Two providers of immigration services told a New York federal court this week that the Trump administration has misinterpreted prior U.S. Immigration and Customs Enforcement guidance on courthouse arrests, saying extending them to immigration courthouses marks an "unprecedented expansion."
Expert Analysis
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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.
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AG Watch: DC Faces Congressional Push To End Elected Role
Given the current structural tension between D.C.'s local autonomy and congressional plenary power, legal and business entities operating in the district should maintain focus on local enforcement gaps, and monitor the legislative process closely, says Lauren Cooper at Hogan Lovells.