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Public Policy
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January 28, 2026
Conn. Justices Question 'Double Recovery' In Asbestos Case
Several Connecticut Supreme Court justices on Wednesday appeared uneasy with the thought of a mesothelioma patient's estate and widow receiving a "double recovery" from private settlements and workers' compensation law payments in an illness involving both workplace and at-home asbestos exposure sources.
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January 28, 2026
PBGC Reports Rosy Outlook For Single, Multiemployer Plans
The Pension Benefit Guaranty Corp.'s program backstopping the nation's private-sector pension plans reported another year of healthy finances, with an end-of-fiscal-year surplus of more than $64 billion, the agency said.
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January 28, 2026
HUD Asserts Authority In Homeless Services Funding Suits
The U.S. Department of Housing and Urban Development pushed for a quick win against two suits in Rhode Island federal court accusing the federal government of wrongfully pulling funding for homeless services, arguing that Congress allows HUD to determine how it distributes its funding.
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January 28, 2026
Fed. Circ. Won't Revive MasterCard Trade Secret Claims
The Federal Circuit declined to revive trade secret theft claims Wednesday brought by a MasterCard unit against two former McKinsey consultants, agreeing with a lower court that the company had failed to identify the alleged trade secrets with enough specificity.
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January 28, 2026
Solar Panel Co. Sunrun Misclassifying Sales Reps, Suit Says
Solar panel company Sunrun Inc. misclassified its sales representatives as independent contractors in violation of Massachusetts workers' compensation law, a coalition of advocacy groups alleged in a complaint filed in state court.
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January 28, 2026
Mass. Disbars Pot Shop Lawyer Convicted In Bribery Scheme
A Massachusetts attorney convicted of attempting to bribe a Boston-area police chief to endorse his client's pot shop license has been disbarred, according to a notice released by the state's bar this week.
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January 28, 2026
3rd Circ. Appears Skeptical Of Quest's Early Win In 401(k) Suit
The Third Circuit on Wednesday pressed attorneys defending Quest Diagnostics Inc.'s pretrial defeat of a proposed class action from workers who alleged that their 401(k) savings were drained by underperforming investment funds, spotlighting the parties' disagreement over whether the lab company followed its own investment policy statement.
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January 28, 2026
Mich. Clears Way For High School Athletes To Earn NIL Money
High school athletes in Michigan will now be allowed to profit off their name, image and likeness after state authorities unveiled a policy change to expand and emphasize "personal branding activities" for students.
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January 27, 2026
Judiciary Panel Gets Earful On Legal Financing, Subpoenas
Plans to overhaul federal rules involving recusal and subpoenas fueled spirited debate Tuesday before a judiciary panel, as prominent lawyers outlined forceful views on transparency in third-party litigation funding as well as relaxed policies for serving court documents and obtaining trial testimony.
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January 27, 2026
Sen. Bennet Seeks To Limit ICE Powers
U.S. Sen. Michael Bennet, D-Colo., announced on Tuesday that he's working on a bill to impose more guardrails on U.S. Immigration and Customs Enforcement after two individuals were fatally shot by immigration enforcement agents over the last month in Minneapolis.
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January 27, 2026
NTSB Torches FAA In DCA Midair Collision Probe
The Federal Aviation Administration for years ignored repeated warnings of close calls and mismanaged high-volume helicopter and commercial jet traffic at one of Washington, D.C.'s busiest airports, as the National Transportation Safety Board on Tuesday flagged "systemic failures" that led to January 2025's midair collision.
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January 27, 2026
Language Access Bill Targets Trump's English-Only Order
Four members of Congress have introduced a bill that would protect language access at federal agencies for millions of people in the United States with limited English, saying an executive order by President Donald Trump declaring English as the official U.S. language wrongly minimizes multilingual services.
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January 27, 2026
Rwanda Sues UK Over Payments In Failed Migrant Deal
The Republic of Rwanda has launched international arbitration proceedings against the United Kingdom as the African nation tries to secure payment for a scrapped migrant agreement, alleging the U.K. refused to disburse remaining payments to it when the controversial deal got called off.
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January 27, 2026
EPA Says Enviro Groups Lack Standing To Fight Review Rule
The U.S. Environmental Protection Agency said the environmental groups challenging the agency's "project accounting" method for triggering air pollution review at industrial facilities lack the standing to pursue their fight, claiming that the challengers identified no harm at all from the agency's denial of their reconsideration bid.
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January 27, 2026
Work Shutdown In Sight For $16B NY-NJ Rail Tunnel Project
Officials leading construction of the $16 billion Gateway Tunnel project connecting New York and New Jersey said Tuesday that they are preparing to shut down construction next week unless the Trump administration restores funding.
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January 27, 2026
Jersey Shore Motels Fight Prom Season Rental Limits
Jersey Shore motel owners told a Garden State appellate panel on Tuesday that it should apply strict scrutiny to their argument that a municipal ordinance prohibiting anyone under the age of 21 from booking a motel room during prom season is unconstitutional.
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January 27, 2026
6th Circ. Says Ky. Social Media Law Needs Closer Look
The Sixth Circuit on Monday determined that a trial court should not have blocked a Kentucky law requiring sex offenders to use their legal names on social media, ruling a lawsuit alleging the law amounts to a violation of freedom of speech needs a more "demanding, comprehensive" review.
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January 27, 2026
Squires Cements Deshpande's Role As Top PTAB Judge
U.S. Patent and Trademark Office Director John Squires has named Kalyan Deshpande to serve as the Patent Trial and Appeal Board's chief judge.
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January 27, 2026
Texas AG Says Nurse Practitioner Is Shipping Abortion Drugs
The Texas attorney general told a state court that a Delaware-based nurse practitioner and the organization she operates have shipped abortion pills to Texas, saying Tuesday that the defendants have publicly acknowledged that they send abortion pills to the Lone Star State.
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January 27, 2026
7th Circ. Probes Firm's Oral Agreement To Fees From Fund
Two Seventh Circuit judges on Tuesday pressed a Ballard Spahr LLP attorney to address why his firm didn't secure in writing that an investment fund would foot the legal bills of one of its officers, as the law firm is arguing to the appellate court that it has a valid claim to legal fees in the fund's bankruptcy proceedings based on an oral agreement.
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January 27, 2026
Consumers Energy Seeks $42M For DOE Order Compliance
Michigan utility Consumers Energy Co. has asked the Federal Energy Regulatory Commission to let it recoup nearly $42 million in costs to comply with a controversial U.S. Department of Energy emergency order to keep a coal-fired power plant running.
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January 27, 2026
Colo. Labor Official Defends Public Union Law Constitutionality
A Colorado labor official and Gov. Jared Polis urged a federal judge Monday to toss a county's lawsuit challenging a state law expanding organizing rights for county employees, saying the law does not infringe on the First Amendment or on the federal regulation of private sector labor rights.
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January 27, 2026
CBP's Medical Care Oversight Needs Improvement, GAO Says
A report issued by the U.S. Government Accountability Office found that U.S. Customs and Border Protection sometimes failed to provide proper medical oversight for certain people in its custody, violating its own policies and guidance for medical care.
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January 27, 2026
Judge Taps Ex-CIA, Corrections Pro To Clean Up NYC's Rikers
A Manhattan federal judge on Tuesday named a former Vermont corrections commissioner and ex-CIA officer to take the reins of New York City's troubled Rikers Island jail system as a "remediation manager," after yearslong efforts to clamp down on incidents of excessive force against the jail population.
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January 27, 2026
Texas Gov. Freezes New H-1B Hiring By Agencies, Colleges
Texas Gov. Greg Abbott directed certain state agencies and public colleges Tuesday to stop sponsoring new nonimmigrant workers under the federal H-1B visa program until mid-2027, unless they have explicit permission from the state's employment agency.
Expert Analysis
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Wis. Sanctions Order May Shake Up Securities Class Actions
A Wisconsin federal court’s recent decision to impose sanctions on a plaintiffs law firm for filing a frivolous Private Securities Litigation Reform Act complaint in Toft v. Harbor Diversified may cause both plaintiffs and defendants law firms to reconsider certain customary practices in securities class actions, says Jonathan Richman at Brown Rudnick.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Reinventing Bank Risk Mgmt. After 2025's Cartel Crackdown
The Trump administration's 2025 designation of certain transnational drug cartels as terrorists means that banks must adapt to a narrowing margin of error in their customer screening and transaction assessments by treating financial crime prevention as a continuous and cross-enterprise concern with national security implications, says Jack Harrington at Bradley Arant.
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How Developers Can Harness New Texas Zoning Framework
A Texas law introducing a new zoning framework has the potential to unlock meaningful multifamily development opportunities, but developers and their project teams should follow four steps to help identify how affected cities are interpreting and implementing the new law, says Angela Hunt at Munsch Hardt.
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Where States Jumped In When SEC Stepped Back In 2025
The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.
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2026 Enforcement Trends To Expect In Maritime And Int'l Trade
The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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Streamlining Product Liability MDLs With AI And Rule 16.1
With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.
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USCIS Asylum Pause Could Drive Federal Mandamus Filings
U.S. Citizenship and Immigration Services' recent freeze on asylum applications is likely to accelerate Administrative Procedure Act unreasonable delay and writ of mandamus filings, making it important for practitioners handling such cases to familiarize themselves with the mandamus framework and evidentiary standards, says Kemal Hepsen at Mandamus Lawyers.
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SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models
The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.
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How Mamdani Will Shift NYC Employment Law Enforcement
Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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2025's Most Notable State AG Activity By The Numbers
State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.