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Public Policy
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January 23, 2026
Trio Leading US Atty Office Raises 'Red Flag' For Judge
The same federal judge who disqualified President Donald Trump's former personal counsel Alina Habba as New Jersey's top federal prosecutor asked the government Friday to explain why the "triumvirate of attorneys" now supervising the office was any more legitimate.
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January 23, 2026
OCC Won't Delay Trump Family-Tied Co. Bank Charter Review
The Office of the Comptroller of the Currency's head, Jonathan Gould, on Friday refused to delay a review of crypto firm World Liberty Financial's national trust bank application, rebuffing concerns by Sen. Elizabeth Warren, D-Mass., that President Donald Trump's close ties to the company pose a conflict of interest.
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January 23, 2026
Warren Tells CFPB's Vought To Heed His Boss On Credit Cards
A top Democratic senator on Friday pointedly challenged the Consumer Financial Protection Bureau to follow through on President Donald Trump's credit card affordability concerns, questioning whether its current chief is "disregarding" White House wishes.
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January 23, 2026
Mich. AG Sues Major Oil Co. 'Cartel' Amid Fight With DOJ
Michigan Attorney General Dana Nessel filed an antitrust suit in federal court against BP, Shell, Chevron, Exxon and the American Petroleum Institute on Friday, claiming they conspired to maintain market dominance by steering money away from renewable energy and using a bevy of other tactics including intimidation and information suppression.
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January 23, 2026
Contractor Indicted For Giving National Defense Info To Reporter
A Maryland man accused of unlawfully transmitting and retaining classified national defense information was indicted by a federal grand jury one week after FBI agents seized electronic devices from a Washington Post journalist's home as part of their investigation.
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January 23, 2026
High Court Unlikely To Walk Back MLB's Antitrust Privilege
Baseball's status as the lone sport exempt from federal antitrust laws is likely to evade U.S. Supreme Court scrutiny, with legal experts saying that only an extraordinary challenge could make justices even consider it.
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January 23, 2026
DC Judge Says Visa Selectees' Travel Ban Suit Is Moot
A D.C. federal judge on Friday nixed a lawsuit alleging the Trump administration illegally suspended visa processing under a program aimed at diversifying the immigrant community in the United States, noting the statutory expiration of the visas after Sept. 30 has rendered their claims moot.
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January 23, 2026
Feds' Wind Farm National Security Claim Faces Skepticism
Federal courts aren't buying the Trump administration's argument that construction of offshore wind farms should be halted for national security reasons, with some judges suggesting that the government isn't making its claim in good faith.
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January 23, 2026
Judge Blocks DOJ Anti-Diversity Conditions On Police Grants
A California federal judge has blocked the U.S. Department of Justice from withholding community policing grants from a group of cities and counties that refuse to scrap their diversity programs and certify compliance with all of President Donald Trump's executive orders, saying those conditions directly conflict with the law that created the grants.
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January 23, 2026
Providers Oppose Credit Bureaus' Medical Debt Appeal
A proposed class of medical providers and collection agencies accusing Equifax, Experian and TransUnion of colluding to exclude medical debt under $500 from consumer credit reports is opposing a bid by the credit bureaus to expedite an appeal of a ruling that denied dismissal of the claims.
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January 23, 2026
Conservative Org. Contests SEC's Delay Bid In Data Tool Case
The conservative think tank leading the case against the U.S. Securities and Exchange Commission's market oversight tool known as the consolidated audit trail has asked a Texas federal judge not to delay legal proceedings any further while the agency works to change the tool.
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January 23, 2026
Truckers Can't Lift Calif. Immigrant Driver's License Freeze
A federal judge rejected a local trucking group's bid to force California to lift its freeze on immigrant truck driver's licenses, saying the Golden State cannot run afoul of federal mandates in a way that would jeopardize highway funding or risk the state's licensing program getting decertified altogether.
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January 23, 2026
DC Circ. Backs FERC In Oil Pipeline Pricing Dispute
The D.C. Circuit on Friday denied a petition challenging the method used by the Federal Energy Regulatory Commission to determine the value of oil flowing through an Alaskan pipeline, finding the agency correctly considered inflation and other factors.
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January 23, 2026
USDA Defends SNAP Pilot In Colo. Legality Challenge
The U.S. Department of Agriculture told a federal judge that Colorado's request for an injunction restricting it from enforcing a new pilot project for Supplemental Nutrition Act Program recipients should be rejected because the state has not suffered any actual harm.
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January 23, 2026
Heart Valve Deal Was Blocked Over Innovation Concerns
The D.C. federal court ruling earlier this month that upended a deal for Edwards Lifesciences Corp. to purchase JenaValve Technology Inc. was based on concerns that the deal would reduce innovation by eliminating competition for a heart valve treatment that's still being developed, according to a ruling unsealed on Friday by the judge who issued it.
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January 23, 2026
Attys Say ICE Flouting Order Barring Noncitizens' Removal
Attorneys for asylum seekers, who are a part of a class the government is barred from deporting until their immigration cases conclude, told a Maryland federal judge that the Trump administration keeps deporting class members anyway.
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January 23, 2026
High Court's Med Mal Ruling Won't Spark Rise In Suits
The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.
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January 23, 2026
4th Circ. Maroons Copyright Fight Over Pirate Ship Pics
The Fourth Circuit on Friday relieved for good North Carolina's government from a long-running copyright infringement suit over photos and videos of a famous pirate shipwreck, saying a lower court was wrong to revive the claims in the case, which at one point went to the U.S. Supreme Court.
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January 23, 2026
Green, Tribal Orgs. Fear Utah Lawmaker 'Attack' On Monument
Environmental and tribal groups have warned that Utah's Republican members of Congress are planning to launch an "attack" against the Grand Staircase-Escalante National Monument as they seek to overturn a resource management plan designed to protect the public land as an ecological and cultural resource.
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January 23, 2026
Ill. High Court Won't Grant Posthumous Innocence Certificate
The Illinois Supreme Court denied a posthumous certificate of innocence for a man who spent over two years in prison for drug charges due to Chicago police corruption, finding Friday that the certificate is a "personal statutory right" that cannot survive the petitioner's death.
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January 23, 2026
$7B Grain Belt Power Line Project Can Move Forward In Ill.
The Illinois Supreme Court on Friday allowed Grain Belt Express LLC to move forward with plans to stretch a high-voltage direct current transmission line across nine southern Illinois counties as part of a $7 billion power supply project, reversing a lower court that said the company behind the project hadn't properly shown that it could finance it.
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January 23, 2026
DC, States Back Flowers Foods Driver In High Court Arb. Case
Whether a worker qualifies for an arbitration exemption depends on what they do, not on the legal structure of their work, 14 states and the District of Columbia told the U.S. Supreme Court, backing a driver for Flowers Foods seeking to keep his wage suit out of arbitration.
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January 23, 2026
Instacart, DoorDash, Uber Can't Block NYC's Delivery Laws
Two New York federal judges rejected requests by delivery companies Instacart, DoorDash and Uber to halt New York City laws regulating tipping options, minimum wage and disclosure requirements, saying that the companies didn't support their arguments that the laws violate the First Amendment and federal preemption principles.
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January 23, 2026
Feds Appeal Ruling On ICE Detainee Bond Hearings
The government is appealing a Massachusetts federal court's finding that U.S. Immigration and Customs Enforcement detainees whom the agency apprehended in the state are entitled to a bond hearing.
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January 23, 2026
Massachusetts Macy's Store Overvalued, Tax Board Says
A Macy's store in Massachusetts was overvalued by a local assessor, the state's Appellate Tax Board said Friday, reducing assessed values for the store for years 2020-2022.
Expert Analysis
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Opinion
It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs
The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.
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Opportunities Amid The Challenges Of Trump's BIS Shake-Up
The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.
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How SEC Civil Penalties Became Arbitrary: The Data
Data regarding how the U.S. Securities and Exchange Commission has adhered to its own civil penalty rules over the past 20 years reveals that awards are no longer determined in accordance with the guidelines imposed on the SEC by the securities laws, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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Postconviction Law In 2026: A Recalibration, Not A Revolution
As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.
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OCC's New Fee Clearance Shows Further Ease Around Crypto
The Office of the Comptroller of the Currency's recent holding that banks can use crypto-assets to pay certain blockchain network fees shows that the OCC is further warming to the idea that organizations are using new methods to do "the very old business of banking," say attorneys at Jones Day.
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How SEC Civil Penalties Became Arbitrary: The Framework
An examination of how the U.S. Securities and Exchange Commission has recently applied guidelines governing the imposition of monetary penalties in enforcement actions shows that civil penalty awards in many cases are inconsistent with the rules established to structure them, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Opinion
Faulty Legal Assumptions Obscure Police Self-Defense Law
As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.
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Why 2026 Could Be A Bright Year For US Solar
2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.
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2026 Int'l Arbitration Trends: Tariffs Drive Transformation
In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.
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What Productivity EO May Mean For Defense Industrial Base
President Donald Trump’s recent executive order barring stock buybacks and dividend payments by "underperforming" defense contractors represents a significant policy shift from traditional oversight of the defense industrial base toward direct intervention in corporate decision-making, say attorneys at Holland & Knight.
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What's New In ISS' Benchmark Voting Policy Updates For 2026
Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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AG Watch: Calif. Fills Federal Consumer Protection Void
California's consumer protection efforts seem to be intensifying as federal oversight wanes, with Attorney General Rob Bonta recently taking actions related to buy now, pay later products, credit reporting and medical debt, consumer credit discrimination, and the use of artificial intelligence in consumer services, say attorneys at Cooley.