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Public Policy
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January 02, 2026
IRS Floats Updates To Fee Paid By Brand Drugmakers
The Internal Revenue Service floated updates to regulations governing how branded prescription drug manufacturers or importers should calculate an annual fee established by the Affordable Care Act, a move the agency said aims to incorporate changes in drug discount programs and clarify tax reporting.
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January 02, 2026
The Top Sports & Betting Cases To Watch In 2026
As attorneys prepare for a busy year of sports cases centering on antitrust, labor laws and prediction markets, all eyes are sure to be locked on the U.S. Supreme Court, which will decide the fate of two state laws banning transgender girls and women from competing in female sports.
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January 02, 2026
All Eyes On 2026 Elections As Ga. Lawmakers Get Into Gear
Georgia lawmakers are expected to move on from the heavyweight fight over tort reform that stole the stage last year and set their sights on elections slated for November when they return to Atlanta this month, experts told Law360.
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January 02, 2026
Approach The Bench: What Judges Had To Say In 2025
Jurists discussed their strategies for decision-making, the difficulties of case management, and their predictions for the future of litigation in a dozen interviews with Law360 this year.
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January 02, 2026
Drug Pricing Battles To Watch In 2026
With drugmakers already pushing back on drug affordability programs and policies, Law360 looks at the year ahead for litigation focused on state and federal drug pricing programs.
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January 02, 2026
5 Cases In Georgia To Keep An Eye On In 2026
Attorneys in Georgia will be watching several legal battles involving hot-button issues in the new year, including a suit over gender-affirming healthcare in state prisons, multidistrict litigation seeking to hold Meta and others liable for alleged social media addiction, and a bid by the U.S. Justice Department to obtain 2020 election records. Here is a look at five cases to follow in 2026.
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January 02, 2026
5 Policy Areas Benefits Attys Should Keep Tabs On In 2026
The new year promises policy shifts that could change the legal landscape for health and retirement benefits, including action to follow through on an executive order encouraging alternative assets in 401(k) plans, and a potential replacement for a Biden-era rule covering how retirement plan managers can factor environmental and social issues into their investment strategy. Here are five policy areas benefits attorneys will be watching in 2026.
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January 02, 2026
Copyright & Trademark Policy And Trends To Watch In 2026
Intellectual property attorneys are waiting to see if the U.S. Copyright Office releases an additional report on artificial intelligence and are curious if the U.S. Patent and Trademark Office continues to speed up its handling of trademark applications. Here are Law360's picks for the copyright and trademark policies and trends to watch this year.
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January 02, 2026
DC Circ. Cases To Watch In January
The D.C. Circuit will start the New Year hearing several noteworthy cases, including a challenge to the Trump administration's transgender troop ban and a fight over whether two common "forever" chemicals qualify as hazardous materials under the Superfund law.
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January 02, 2026
Patent Litigation Trends To Watch In 2026
Attorneys are expecting a significant increase in district court litigation after a series of dramatic changes at the U.S. Patent and Trademark Office have made the Patent Trial and Appeal Board less attractive, which is one of the most significant trends for 2026.
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January 02, 2026
Trademark Cases To Watch In 2026
An appeal over the use of foreign words in branding is up for consideration at the U.S. Supreme Court, and a Delaware federal judge is set to deliver his verdict following a bench trial over the "Ugliest House in America." Here are Law360's picks for the trademark cases to watch in 2026.
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January 02, 2026
Antitrust Cases Ahead: Live Nation, Middleman On Trial
The U.S. Department of Justice and Federal Trade Commission enter 2026 with decisions to make about how to regroup after coming up short in major cases against Google and Meta Platforms.
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January 02, 2026
Illinois Cases To Watch In 2026
The Seventh Circuit will have its first opportunities in 2026 to analyze recent U.S. Supreme Court precedent narrowing federal bribery convictions as it resolves two high-profile public corruption appeals, while the Illinois Supreme Court could significantly impact state jury management when it decides whether a juror's "surrender" note signaled enough deliberation discord to warrant a retrial.
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January 02, 2026
Trade Secret Trends To Watch In 2026
The landscape of trade secret law could see significant developments in 2026 as courts address the aftermath of astronomical jury awards and navigate jurisdictional tensions surrounding the timing and specifics of trade secret disclosures in litigation.
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January 02, 2026
Merger Settlements Keep Rolling, With A Hitch
The U.S. Department of Justice and Federal Trade Commission took a more business friendly approach to merger reviews in 2025 than the previous administration, with a string of settlements allowing deals to move ahead without a challenge.
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January 02, 2026
Guns, Taxes & Labor: Cannabis Litigation Trends To Watch
In 2026, courts throughout the U.S. will consider cases weighing Second Amendment rights of cannabis users, a punitive federal tax policy that affects state-legal marijuana businesses, labor peace requirements in the cannabis space, and whether a constitutional doctrine bars states from preferencing their residents in doling out marijuana licenses.
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January 02, 2026
NC Legislation To Watch In 2026: Healthcare Funding In Focus
A spate of healthcare legislation is on the line as North Carolina lawmakers get ready to return to the General Assembly in January, from tenuous funding for Medicaid and Planned Parenthood to efforts to control the Tar Heel state's skyrocketing healthcare costs.
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January 02, 2026
The Top Telecom Developments To Watch In 2026
As a new Republican administration hits its stride, agencies are looking to pare back regulations, and major tech and telecom mergers could be on the horizon. After a year of change at the Federal Communications Commission, experts are also watching to see how quickly the Commerce Department can roll out changes to a massive broadband program, and legal challenges to federal rules continue to ripple across the telecom sector.
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January 02, 2026
Marijuana And Hemp Policy Enters Uncharted Waters In 2026
The final weeks of 2025 produced two monumental shifts poised to reshape the cannabis policy landscape in the coming year: Congress' approval of language to redefine lawful hemp nationwide and a presidential executive order directing the administration to loosen federal restrictions on marijuana for the first time in over five decades.
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January 02, 2026
Cases To Watch In Native American Law In 2026
The new year in Native American law is expected to usher in rulings on the rights of Indigenous nations and their citizens, including disputes over voting, hunting and fishing, and a possible expansion of the Supreme Court's 2020 landmark decision in McGirt v. Oklahoma.
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January 02, 2026
Copyright Cases To Watch In 2026
U.S. federal courts this year will continue to review consequential copyright infringement suits involving artificial intelligence, while appeals court decisions remain pending in a pair of notable fair use cases involving ROSS Intelligence and Microsoft. Here are Law360's picks for copyright cases to watch in 2026.
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January 02, 2026
4 Compliance Trends To Watch In 2026
Compliance professionals will be monitoring the risks brought on by the trade-related turmoil and deregulatory moves that have marked President Donald Trump's first year back in the White House, while new state regulations and artificial intelligence-related risks will also be top of mind.
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January 02, 2026
SEC Expected To Tackle Exec Comp, Private Investing In 2026
The U.S. Securities and Exchange Commission is expected to hit the ground running this year on fulfilling Chairman Paul Atkins' agenda to lessen the regulatory burden on public and private companies alike, with the agency potentially gearing up to propose changes to everything from the reporting of C-suite pay packages to the accredited investor definition.
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January 02, 2026
Patent Policy To Watch In 2026
After a year of significant shifts in U.S. Patent and Trademark Office policy on patent reviews and patent eligibility, attorneys will be closely following how the changes play out in 2026, along with proposals for further moves, and whether Congress decides to weigh in on patents.
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January 02, 2026
California Cases To Watch In 2026
Legal experts following California courts in 2026 are tracking high-stakes personal injury, antitrust and copyright battles against giants in the social media, artificial intelligence and entertainment industries, as well as wide-ranging legal disputes arising from Los Angeles wildfires and high-profile appeals pending before the California Supreme Court.
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.