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Public Policy
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January 07, 2026
Tribes, Feds Both Denied Early Win In Riverbed Rights Case
The D.C. federal court won't give early victories to three Indigenous tribes or the federal government in a dispute with North Dakota over ownership rights of a Missouri River mineral bed, saying a review of the case underscores the need for it to go to trial.
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January 07, 2026
NLRB Gets Up To Speed As Members And GC Are Sworn In
The National Labor Relations Board is set to resume deciding cases after two new members arrived at the agency Wednesday along with President Donald Trump's pick to lead the Office of the General Counsel.
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January 07, 2026
Ørsted Expands Challenge To Halt Of Offshore Wind Projects
Danish energy developer Ørsted has expanded its legal fight against the Trump administration's latest order halting offshore wind projects, filing a lawsuit claiming the order unlawfully blocks the construction of its Sunrise Wind project off the New York coast.
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January 07, 2026
Commerce Opens Probe Into Canadian Mushroom Imports
The U.S. Department of Commerce announced Wednesday that it has opened a pair of investigations into whether fresh mushrooms from Canada should be subject to antidumping and countervailing duties.
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January 07, 2026
Ind. Bill Seeks Uniform Assessments Regardless Of Owner
Indiana would require that all tangible property and agricultural land be assessed in a uniform manner regardless of the owner under a bill introduced in the state House of Representatives.
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January 07, 2026
Compass' $1.6B Anywhere Buy Goes Unchallenged By Government
Real estate brokerage Compass Inc.'s $1.6 billion acquisition of Anywhere Real Estate Inc. is expected to move forward Wednesday without being scrutinized by the federal government even though congressional lawmakers previously urged the government to do so.
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January 07, 2026
New York Tribal Land Settlement Awaits Senate Approval
A bill that would ratify a land settlement agreement among two tribes, New York and two of its counties that would return about 140,000 acres to reservation status is stalled in the U.S. Senate Committee on Indian Affairs.
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January 07, 2026
DOJ Nominee Says He'll Work Within Blue-Slip 'Parameters'
A nominee for a top U.S. Department of Justice position that handles judicial nominees appeared to give a nod to the Senate's blue-slip process, despite President Donald Trump's vocal opposition to the tradition.
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January 06, 2026
Ciminelli Walks As 10-Year Buffalo Billion Fraud Case Ends
The long and contentious corruption case against New York developer Louis Ciminelli and others that led to a landmark U.S. Supreme Court ruling on fraud came to a close Tuesday, after he pled guilty and was sentenced to no time in prison.
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January 06, 2026
Texas Court Reverses Halt On Samsung's TV Data Collection
A Texas state judge Tuesday lifted his temporary block on Samsung deploying technology that the state's attorney general has alleged the television maker is using to unlawfully spy on viewers and harvest their data.
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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.
Expert Analysis
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How Cos. Can Roll With NY's New Algorithmic Pricing Rules
Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
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2025 State AI Laws Expand Liability, Raise Insurance Risks
As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Crypto In 2025: From Federal Deregulation To State Action
The cryptocurrency enforcement landscape evolved in 2025, marked by federal deregulatory trends and active state attorney general enforcement, creating both opportunity and risk for businesses navigating the digital asset market, say attorneys at Cozen O'Connor.
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How CFTC Enforcement Shifted In 2025 And What's Next
The U.S. Commodity Futures Trading Commission pivoted sharply under acting Chairman Caroline Pham in 2025, resulting in a pared-back enforcement docket, sweeping policy changes intended to provide greater transparency, and a renewed focus on fraud prevention and maintaining market integrity for the CFTC's core markets, say attorneys at Moore & Van Allen.
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Learning From 2025 FCA Trends Targeting PE In Healthcare
False Claims Act enforcement trends and legislative developments from this year signal intensifying state and federal scrutiny of private equity's growing footprint in healthcare, and the urgency of compliance, says Lisa Re at Arnold & Porter.
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Reviewing 2025's State And Federal AI Regulations
In light of increasing state and federal action to oversee the use of artificial intelligence, companies that develop or deploy the technology should keep abreast of current and forthcoming AI laws and consider their applicability to their business activities, says Jessica Brigman at Spencer Fane.
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Software Patents May Face New Eligibility Scrutiny
November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.
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What Trump Order Limiting State AI Regs Means For Insurers
Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Investment Advisers Should Stay Apprised Of New AI Risks
The U.S. Securities and Exchange Commission's recently issued annual examination priorities reiterate a host of regulatory implications for investment advisers using artificial intelligence tools, highlighting that meaningful ongoing due diligence can help mitigate both operational and regulatory surprises amid AI's rapid evolution, says Christopher Mills at Sidley.
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New Rule Shows NRC Willing To Move Fast To Reform Regs
The Nuclear Regulatory Commission’s decision to forgo public comment and immediately rescind certain rules governing adjudicatory procedures, federal tort claims and disclosure of licensee information signals the agency's intent to accelerate the regulatory streamlining efforts ordered by the president this spring, say attorneys at Morgan Lewis.
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AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities
Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.
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10th Circ. Dissent May Light Path For Master Account Access
While the Tenth Circuit's majority in Custodia Bank v. Federal Reserve Board recently affirmed Federal Reserve banks' control over master account access, the dissent raised constitutional questions that could support banks seeking master accounts in future litigation, say attorneys at Paul Hastings.
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Calif. AG's No-Poach Case Reflects Tougher Antitrust Stance
This month, California’s attorney general resolved the latest enforcement action barring the use of no-poach agreements, underscoring an aggressive antitrust enforcement trend with significant increases in criminal and civil penalties, say attorneys at Pillsbury.