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Public Policy
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January 27, 2026
Minn. Judge Summons ICE Head For Contempt Hearing
U.S. Immigration and Customs Enforcement's acting director Todd Lyons must personally appear in Minnesota federal district court to face a contempt hearing, a judge ruled, after ICE failed to release a detained Ecuadorian citizen.
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January 27, 2026
Reporting Duty Doesn't Nix Whistleblower Status, Court Finds
Massachusetts' top appellate court ruled Tuesday that a former employee of a Boston community college was entitled to whistleblower protections for reporting that the college had not told the U.S. Department of Education about an alleged sexual assault, even though he shared in the reporting responsibility.
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January 26, 2026
First Native American Justice In Wash. Won't Seek Reelection
Washington Supreme Court Justice Raquel Montoya-Lewis, the first Native American to win statewide office in the Evergreen state, announced Monday that she wouldn't seek reelection to the high court this year and would instead step down at the end of 2026 to focus on writing books and teaching.
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January 26, 2026
Senate Antitrust Chair Flags Concerns In Netflix-Warner Deal
Netflix's proposed $82.7 billion purchase of Warner Bros. Discovery's studios and HBO streaming businesses risks being a "killer non-acquisition," Sen. Mike Lee has reportedly told the media giants' chief executives, expressing concern that a likely lengthy merger review could leave Warner Bros. in a weakened state.
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January 26, 2026
11th Circ. Won't Expedite Bid To Halt CFPB Energy Loan Rule
The Eleventh Circuit declined Monday to fast-track an appeal aimed at halting a new Consumer Financial Protection Bureau rule on clean-energy home improvement loans, rebuffing the rule's trade group challenger as the agency separately defended the Biden-era measure.
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January 26, 2026
Minn. Refugees Sue Trump Admin Over 'Warrantless' Arrests
Refugees living in Minnesota have filed a proposed class action urging a federal court to block the U.S. Department of Homeland Security from targeting them and other lawfully admitted refugees in the state with warrantless arrests and unauthorized detentions.
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January 26, 2026
Denver Faces Lawsuit Over Flavored Tobacco Ban
A trade group representing 125 small business owners and manufacturers in Colorado's vaping industry has told a Colorado state court that an ordinance passed by the city banning the sale of flavored tobacco products is unconstitutional.
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January 26, 2026
Southern Glazer's Wants To Compare FTC Case To Kroger
Southern Glazer's Wine and Spirits LLC urged a California federal judge Friday to give it key material from the Federal Trade Commission's successful challenge to the Kroger-Albertsons merger, sparring with the FTC on arguments that the agency is contradicting itself in a price discrimination lawsuit.
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January 26, 2026
Minn. Judge Probes Limits Of ICE Enforcement Actions
A Minnesota federal judge on Monday considered whether to preliminarily block the Trump administration from sending thousands of immigration enforcement officers to the state, questioning if the surge is a coercive federal act in violation of state sovereignty.
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January 26, 2026
Long Island Town Says Cannabis Law Doesn't Preempt Zoning
A Long Island town has told a New York intermediate appellate court that the state's cannabis law cannot preempt localities from enforcing their zoning policies when it comes to allowing where marijuana stores can be located.
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January 26, 2026
2 GOP Lawmakers Urge Justices To End Birthright Citizenship
A pair of Republican lawmakers is backing President Donald Trump's push for the U.S. Supreme Court to end birthright citizenship, filing an amicus brief Friday claiming that the Fourteenth Amendment doesn't automatically grant citizenship to all children born on U.S. soil.
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January 26, 2026
DOJ Can't Sue Mich. To Stop 'Hypothetical' Climate Claims
A Michigan federal judge ruled on Saturday that the U.S. Department of Justice cannot preemptively block the state from filing climate-related claims against the fossil fuel industry, adding there's no precedent for such a move being allowed in the long history of state litigation against national industry groups.
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January 26, 2026
Truck Makers Say Calif. Delaying 'Clean Trucks Pact' Fight
Heavy-duty truck manufacturers on Monday accused California officials of trying to delay litigation over a 2023 agreement that would saddle manufacturers with stringent state emissions standards and stiff penalties for noncompliance in the coming years.
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January 26, 2026
IP Notebook: Nutcracker Suit, Copyright Termination, Playboy
This edition of Law360's overview of emerging copyright and trademark trends delves into a Fifth Circuit decision that tests the territorial boundaries of copyright law, and a dispute over "stream-ripping" on YouTube that has artificial intelligence companies weighing in.
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January 26, 2026
Citadel Securities Lobbies SEC For $119M CAT Fee Refund
Citadel Securities is pressing for the return of $119 million it argues was unlawfully collected to fund a key market surveillance database known as the consolidated audit trail, telling the U.S. Securities and Exchange Commission the collection of the fees violated an Eleventh Circuit decision.
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January 26, 2026
Colo. High Court Says Xcel's Immunity Bid Went Too Far
A Colorado regulatory agency lacked the authority to approve a tariff limiting Xcel Energy's liability from a man's personal injury claim, the Colorado Supreme Court held Monday in a ruling that also rejected an appellate court's finding that the tariff does not extend to non-Xcel customers.
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January 26, 2026
8th Circ. Rejects DOJ Bid For Minn. Church Protest Warrants
An Eighth Circuit panel denied the Trump administration's push to secure arrest warrants for five people it accused of unlawfully disrupting a church service to protest immigration enforcement operations in Minneapolis after a federal judge refused to issue them.
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January 26, 2026
Tribe, Enviro Groups Look To Vacate Alaska Gold Mine Permit
Conservation groups and an Alaskan tribe are seeking to void a U.S. Army Corps of Engineers permit to expand gold mining operations at the headwaters of the Johnson River, arguing that the agency violated a slew of environmental laws regarding potential effects to Cook Inlet beluga whales.
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January 26, 2026
Justices' FCC Review Could Reshape IRS Penalty Disputes
The U.S. Supreme Court's upcoming review of a pair of cases questioning the validity of the Federal Communications Commission's penalty authority could have ripple effects that further delineate the Internal Revenue Service's authority to impose penalties.
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January 26, 2026
Google Targets Publishers' Ad Tech Claims
Google asked a New York federal judge to cut out a wide swath of antitrust claims from multidistrict litigation targeting its advertising placement technology dominance, assailing in separate briefs allegations from a class of website publishers and from the Daily Mail and Gannett.
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January 26, 2026
Fed. Gov't Refiles Suit Demanding Ga. Voting List
A federal judge in Macon, Georgia, cited lack of jurisdiction Friday as he tossed a lawsuit by the Trump administration demanding the state hand over an unredacted voter registration list, prompting the federal government to refile the suit in Atlanta.
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January 26, 2026
3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit
A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.
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January 26, 2026
Sens. Offer Crypto Bill Amendments As Storm Delays Markup
The Senate Agriculture Committee said Monday that it will postpone its markup of a bill to regulate crypto markets to Thursday in light of the weekend's winter storm, while Democrats submitted proposals to insert ethics language and ensure appointments to the U.S. Commodity Futures Trading Commission.
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January 26, 2026
Fla. Panel Sides With State Over Signatures For Pot Initiative
A Florida state appeals court sided with officials over invalidating more than 70,000 signatures collected for a potential ballot initiative that would legalize recreational cannabis in the Sunshine State, saying emailed directives handed down to county election supervisors regarding petition verification weren't unlawful.
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January 26, 2026
Bankrupt Biz Can't Avoid Pension Obligations, 4th Circ. Says
A defunct construction business owes the International Painters and Allied Trades Industry Pension Fund about $1.6 million, a Fourth Circuit panel said Monday, affirming a lower court's decision that the fund's lawsuit seeking payment was filed on time.
Editor's Picks
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Trump's Legal Battles
States, federal employee unions, various advocacy groups and several individuals have filed over 220 lawsuits challenging the Trump administration's implementation of executive orders and other initiatives. Law360 has created a database of those lawsuits, separated into categories based on their subject matter.
Expert Analysis
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What A Calif. Mileage Tax Would Mean For Employers
California is considering implementing a mileage tax that would likely trigger existing state laws requiring employers to reimburse employees for work-related driving, creating a new mandatory business expense with significant bottom-line implications for employers, says Eric Fox at Ogletree.
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Justices' Double Jeopardy Ruling May Limit Charge-Stacking
The U.S. Supreme Court’s recent holding in Barrett v. U.S. that the double jeopardy clause bars separate convictions for the same act under two related firearms laws places meaningful limits on the broader practice of stacking charges, a reminder that overlapping statutes present prosecutors with a menu, not a buffet, says attorney David Tarras.
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Cybersecurity Must Remain Financial Sector's Focus In 2026
In 2026, financial institutions face a wave of more prescriptive cybersecurity legal requirements demanding clearer governance, faster incident reporting, and stronger oversight of third-party and AI-driven risks, making it crucial to understand these issues before they materialize into crises, say attorneys at Sidley.
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Presidential Pardon Brokering Can Create Risks For Attys
The emergence of an apparent “pardon shopping” marketplace, in which attorneys treat presidential pardons as a market product, may invite investigative scrutiny of counsel and potential criminal charges grounded in bribery, wire fraud and other statutes, says David Klasing at The Tax Law Offices of David W. Klasing.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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5 Drug Pricing Policy Developments To Watch In 2026
2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Opinion
What Justices Got Right In Candidate Standing Ruling
The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.
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5 Compliance Takeaways From FINRA's Oversight Report
The priorities outlined in the Financial Industry Regulatory Authority's recently released annual oversight report focus on the organization's core mission of protecting investors, with AI being the sole new topic area, but financial firms can expect further reforms aimed at efficiency and modernization, say attorneys at Armstrong Teasdale.
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How SEC Civil Penalties Became Arbitrary: 3 Potential Fixes
Data shows that the U.S. Securities and Exchange Commission's seemingly unlimited authority to levy monetary penalties on market participants has diverged far from the federal securities laws' limitations, but three reforms can help reverse the trend, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.
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Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits
The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.
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Regulatory Uncertainty Ahead For Organ Transplant System
Pending court cases against a Centers for Medicare and Medicaid Services final rule that introduced a competition-centric model for assessing organ procurement organizations' performance will significantly influence the path forward for such organizations and transplant hospitals, say attorneys at Crowell & Moring.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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What Texas Can Learn From La. About CO2 Well Primacy
The U.S. Environmental Protection Agency's granting Texas primary authority over wells used to inject carbon dioxide into deep rock formations is a significant step forward for carbon capture and storage projects in the state — but Louisiana's experience after it was granted primacy offers a cautionary tale, say attorneys at Phelps Dunbar.
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How Payments Law Landscape Will Evolve In 2026
After a year of change across the payments landscape, financial services providers should expect more innovation and the pushing of regulatory boundaries, but should stay mindful that state regulators and litigation will continue to challenge the status quo, say attorneys at Troutman.