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Public Policy
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January 21, 2026
Feds Say Medicare Steering Case Meets FCA Legal Bar
The government said Wednesday that its False Claims Act complaint accusing insurers and brokers of participating in a kickback scheme to steer customers to Medicare Advantage plans doesn't conflict with a First Circuit decision last year setting out the standard for such cases.
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January 21, 2026
Ga. Justices Deny Atty's Reprimand Bid After Jan. 6 Actions
A public reprimand may not be enough to discipline an attorney who was convicted and later pardoned of a felony and several misdemeanor federal offenses in connection with his participation in events at the U.S. Capitol on Jan. 6, 2021, the Georgia Supreme Court said Wednesday.
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January 21, 2026
FTC Must 'Scale A Slick Wall' To Revive Meta Suit
The Federal Trade Commission set itself up for a tough fight to overturn a D.C. federal judge's rejection of its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram.
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January 21, 2026
Feds Back Freight Broker In High Court Negligence Case
The federal government urged the U.S. Supreme Court Wednesday to hold that federal law unequivocally shields freight brokers from state-based negligence and personal injury claims, throwing its support behind broker and logistics giant C.H. Robinson in a closely watched case.
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January 21, 2026
Apple Workers In Wash. Sue Over Limits On Moonlighting
Apple Inc. has broken a Washington state moonlighting law by prohibiting dozens of lower-wage workers from taking second jobs to supplement their incomes, according to a former employee's proposed class action against the company.
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January 21, 2026
Calif. GOP Asks Justices To Block New Congressional Map
California Republicans asked the U.S. Supreme Court to step in and block the state's new, voter-approved congressional districts before they can be used in this year's midterm election, arguing that the redrawn map constitutes illegal racial gerrymandering with Democratic officials "maximizing Latino voting strength."
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January 21, 2026
Netflix's $83B Warner Bros. Deal Draws DOJ Scrutiny
Warner Bros. Discovery has disclosed that Netflix's proposed $82.7 billion purchase of the entertainment giant is now under an antitrust microscope, after the U.S. Department of Justice kicked off an in-depth probe that keeps the deal from closing for the time being.
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January 21, 2026
FCC Warns Shows To Follow Political 'Equal Opportunity' Reg
The Federal Communications Commission cautioned TV broadcasters Wednesday that no exemption has been found that would let talk shows get around the agency's political equal opportunity rules.
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January 21, 2026
Former Ga. State Rep. Cops To COVID Loan Fraud
A former Georgia Democratic lawmaker pled guilty Wednesday to charges that she fraudulently obtained pandemic-era unemployment benefits, the Department of Justice said.
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January 21, 2026
CFIUS Review Could Delay IRobot Ch. 11 Deal, DOJ Warns
The Department of Justice has notified the Delaware bankruptcy court that an evaluation of Roomba maker iRobot's proposed Chapter 11 plan transactions by the Committee on Foreign Investment in the U.S. could postpone those deals on the eve of a plan confirmation hearing.
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January 21, 2026
Dem States Warn Harvard Visa Ban Could Ripple Nationwide
A coalition of Democratic-led states told the First Circuit that the Trump administration's bid to bar Harvard University from admitting foreign students exemplifies its larger attempt to use immigration enforcement to retaliate against disfavored higher education institutions.
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January 21, 2026
Okla. Tribes Challenge Bid To Dismiss Hunting Rights Suit
Three tribal nations are fighting a motion by Oklahoma to dismiss their challenge that looks to block the prosecution of Native Americans for hunting and fishing on tribal lands, telling the court that the state's Ex parte Young doctrine arguments are "not colorable."
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January 21, 2026
Trump Backs Off Tariffs Over Greenland With Deal In Works
President Donald Trump announced Wednesday he will back down from tariff threats on European countries in an effort to acquire Greenland after reaching an agreement on a framework for a deal involving U.S. security interests in the Arctic region.
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January 21, 2026
Senate Panel To Examine Upcoming FirstNet Renewal
A U.S. Senate subcommittee will take a close look next week at legislative plans to renew the First Responder Network Authority, which currently has a long-standing public-private partnership with AT&T.
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January 21, 2026
EU Lawmakers Refer South America Trade Deal To ECJ
The European Parliament narrowly voted Wednesday to refer the European Union's pending trade deal with four South American countries to the European Court of Justice, delaying a vote on ratifying the pact.
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January 21, 2026
11th Circ. Urged To Deny Inclusion Of Everglades Center Docs
The Trump administration and Florida's emergency management agency have urged the Eleventh Circuit to not supplement the appellate record with their communications on federal funding relating to the new immigration detention facility in the Everglades, arguing the documents are immaterial.
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January 21, 2026
Former SG Prelogar Joins Cooley Team On Trump EO Appeal
Former Solicitor General Elizabeth Prelogar has joined the legal team representing Jenner & Block LLP in its fight with President Donald Trump's administration over his executive order targeting the BigLaw firm, according to a new court filing.
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January 21, 2026
Nonprofits, Not BigLaw, Lead Legal Challenges To Trump
Public interest groups are handling a majority of the lawsuits filed against the second Trump administration, while most large firms remain on the sidelines, according to a review by Law360 of more than 400 lawsuits filed in the first year of Trump's second term.
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January 21, 2026
Alaska House Bill Would Limit Property Value Increases
Alaska would cap the amount by which a local assessor could increase the assessed value of real property from its previous assessment under a bill introduced in the state House of Representatives.
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January 21, 2026
Nationwide Unit Seeks Exit From Stock Dilution Scheme Suit
A Nationwide Mutual Insurance Co. unit told a federal court that it doesn't owe coverage to a company and its officers for a shareholder derivative lawsuit alleging the officers schemed to dilute the stockholders' shares, saying the underlying suit doesn't allege a covered loss for disgorgement or restitution.
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January 21, 2026
Ga. Justices Find Willis Subpoena Moot After Testimony
The Georgia Supreme Court on Wednesday said it would not require Fulton County District Attorney Fani Willis to testify before the Senate Special Committee on Investigations pursuant to a 2024 subpoena after she testified before the same committee in December.
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January 21, 2026
Ballard Partners Led In Lobbying Earnings As Trump Returned
Ballard Partners more than quadrupled its annual federal lobbying revenue in 2025 amid President Donald Trump's return to office, surpassing the law firm policy practices that have led K Street in recent years.
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January 21, 2026
FTC Mulling Deal With Express Scripts In PBM Case
The Federal Trade Commission is considering a potential settlement with Express Scripts in the agency's case accusing the country's three largest pharmacy benefit managers of inflating insulin prices through rebate schemes.
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January 21, 2026
DOJ Outline Of New Fraud Role Doesn't Mention WH Oversight
A U.S. Department of Justice official explained the parameters of the new role of assistant attorney general for fraud in a recent letter to Congress, obtained Wednesday by Law360, but did not mention the individual will be overseen by the White House, as the vice president previously said.
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January 21, 2026
NYC Indigent Defense Program In 'Crisis,' Task Force Reports
The New York City Assigned Counsel Plan, which provides lawyers to indigent people in criminal and family courts who can't be served by institutional legal service providers, is "in a state of crisis," a New York City Bar task force said in an interim report released Wednesday.
Expert Analysis
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10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.
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New Drug Ad Regs Could Lead To A Less Informed Public
A federal push to mandate full safety warnings in pharmaceutical advertising could make drug ads less appealing for companies to air, which in turn could negatively affect consumers' health decisions by removing an accessible information source, say Punam Keller at Dartmouth College and Ceren Canal Aruoba at Berkeley Research Group.
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10th Circ. Decision May Complicate Lending In Colorado
The Tenth Circuit's decision last month in National Association of Industrial Bankers v. Weiser clears the way for interest rate limits on all consumer lending in Colorado, including loans from out-of-state banks, potentially adding new complexities to lending to Colorado residents, say attorneys at Manatt.
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What Trump's Scientific Discovery AI Order Will Mean For Cos.
Although private organizations will not see an immediate change in their compliance obligations from President Trump's recent executive order establishing a government effort to use artificial intelligence to accelerate scientific discovery, large enterprises and critical infrastructure operators will face pressure to demonstrate that their AI practices are comparable, says Shawn Tuma at Spencer Fane.
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Opinion
California Vapor Intrusion Policy Should Focus On Site Risks
As California environmental regulators consider whether to change the attenuation factor used in screenings for vapor intrusion, the most prudent path forward is to keep the current value for screening purposes, while using site-specific, risk-based numbers for cleanup and closure targets, says Thierry Montoya at Frost Brown.
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Series
Preaching Makes Me A Better Lawyer
Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.
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A Look At Middlemen Fees In 340B Drug Discount Program
A U.S. Senate committee's recent hearing on the Section 340B drug discount program, along with statistical analysis of payment amounts, contribute to a growing consensus that middlemen fees are too high, say William Sarraille at the University of Maryland, and Shanyue Zeng and Rory Martin at IQVIA.
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State, Federal Incentives Heat Up Geothermal Projects
Geothermal energy can now benefit from dramatically accelerated permitting for development on federal land as well as state-level renewable energy portfolio standards — but operating in the complex legal framework surrounding geothermal projects requires successful navigation of complex water rights and environmental regulations, say attorneys at Holland & Hart.
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FTC Focus: Amazon's $2.5B Pact Broadens Regulatory Span
Amazon's $2.5 billion deal with the Federal Trade Commission offers takeaways for counsel managing risk across both consumer protection and competition portfolios, including that design strategies once evaluated solely for conversion may now be scrutinized for their competitive effects, say attorneys at Proskauer.
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Minn. Financial Abuse Law Should Prompt Operational Review
A new Minnesota law targeting the financial exploitation of vulnerable adults with an order-for-protection mechanism will affect multiple functions across banking organizations, and in the time remaining in 2025, banks should take action to update any needed workflow and documentation protocols, say attorneys at Winthrop & Weinstine.
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SEC Penalties Trended Down In FY 2025, Offering 2026 Clues
The U.S. Securities and Exchange Commission's settled corporate penalties in fiscal year 2025 show a clear dividing line, as the largest penalties all came before Inauguration Day, a trend that may continue as the types of cases that lead to the biggest penalties seem to be no longer favored by the commissioners, say attorneys at Dentons.
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Series
Law School's Missed Lessons: Practicing Client-Led Litigation
New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.
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Navigating 2025's Post-Grant Proceeding Shakeups
Extensive changes to the U.S. Patent Trial and Appeal Board's post-grant proceedings this year, including the new settled expectations factor and revitalization of Fintiv factors, require petitioners and patent owners alike to be mindful when selecting patents to assert and challenge, say attorneys at Quinn Emanuel.
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Perspectives
Asylum Pretermission Ruling Erodes Procedural Protections
A recent Board of Immigration Appeals decision permitting immigration judges to dismiss asylum applications without notice or evidentiary hearings adopts the civil court's summary judgment mechanism without the procedural protections that make summary judgment fair, says Georgianna Pisano Goetz at GHIRP.
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What To Expect From DOD's Acquisitions Revamp
The U.S. Department of Defense’s recently announced reshuffling of offices and changes to approval processes aimed at streamlining acquisitions and foreign military sales could materially reshape how contractors position themselves, structure bids and manage compliance, say attorneys at Morgan Lewis.