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Public Policy
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January 13, 2026
Express Scripts Can't Impel FTC Atty Views On Insulin Makers
A Federal Trade Commission in-house judge has denied a bid from Express Scripts to force a commission attorney to sit for a deposition to discuss an investigation into insulin manufacturers as the pharmacy benefit manager defends against the agency's insulin pricing case.
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January 13, 2026
Jack Smith To Testify Publicly Next Week
Former special counsel Jack Smith is slated to testify publicly before the House Judiciary Committee on Jan. 22 after, according to his attorney, having been "ready and willing" to do so for a while.
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January 13, 2026
Tribal Groups Weigh In On High Court Miss. Ballot Dispute
A group of Native American organizations is backing a U.S. Supreme Court petition that looks to reverse a Fifth Circuit determination on Mississippi's law regarding late-arriving mail-in ballots, arguing that not allowing states to extend receipt deadlines will lead to further disenfranchisement of Indigenous people.
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January 13, 2026
NJ Sues Metal Recycler Over Fires, Cites Public Nuisance
New Jersey has launched a public nuisance suit against one of the nation's largest scrap metal recyclers, alleging that the company has allowed hazardous conditions at its Camden facilities to persist for years, triggering more than a dozen fires that have repeatedly blanketed nearby neighborhoods in smoke and toxic pollution.
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January 13, 2026
Maine Alters Excise Tax Assessment On Camper Trailers
Maine will change its application and collection of excise tax on camper trailers under a law that took effect without the signature of Democratic Gov. Janet Mills.
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January 13, 2026
House Clears African, Haitian Trade Agreement Extensions
The U.S. House of Representatives late Monday overwhelmingly approved two bills that would extend regional trade agreements with African nations and Haiti for three years each, with both now headed to the U.S. Senate for approval.
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January 13, 2026
Sen. Warren Questions SEC On Crypto In 401(k) Plans
Sen. Elizabeth Warren sent a letter to the U.S. Securities and Exchange Commission in advance of a banking committee vote on cryptocurrency market structure legislation, asking how the agency will protect investors as the administration also pushes to broaden access to cryptocurrency in 401(k) retirement plans.
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January 13, 2026
Approach The Bench: Judge Bough On Ethics
Years of experience as a plaintiff's attorney influenced U.S. District Judge Stephen Bough's disclosure rules for litigators appearing in his court.
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January 13, 2026
Hemp Co. Accuses Rival Of Using Pot-Based THC, Not Hemp
Hemp-derived cannabinoid company CCT Sciences LLC is suing a competitor in Florida federal court, alleging that despite the rival's claims of using "natural" hemp-derived THC, it instead uses illegal cannabis derivatives in its products.
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January 13, 2026
Md. Bill Would Allow Separate Land, Improvement Tax Rates
Maryland would authorize local governments to establish subclasses of real property consisting of land and improvements to land and impose separate tax rates for each subclass under legislation set to be considered by the state House of Delegates' Ways and Means Committee.
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January 12, 2026
4 Ways DOJ Probe Into Powell Could Be Risky For Trump
The criminal probe that President Donald Trump's U.S. Department of Justice has opened into Federal Reserve Chair Jerome Powell dramatically escalates administration pressure on the central bank, but it is not without significant potential risks for the White House.
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January 12, 2026
NY Fights Feds' Stop-Work Orders For Offshore Wind Projects
New York is challenging a federal order halting construction of two offshore wind projects that are projected to power more than a million homes, saying the Trump administration has not explained why the projects, which both previously passed all safety and environmental reviews, have suddenly presented national security concerns.
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January 12, 2026
Dominion Energy Wants $11B Offshore Wind Project Revived
Dominion Energy has asked a Virginia federal court to block the Trump administration from shutting down work on an $11 billion offshore wind project, arguing that the Bureau of Ocean Energy Management hasn't explained its rationale for the abrupt suspension order, which threatens thousands of jobs and hundreds of millions of dollars.
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January 12, 2026
DC Court Won't Rehear Calif. Tribal Recognition Dispute
A D.C. federal judge has refused to reconsider his order denying a bid by a group of residents to block a U.S. Department of the Interior decision giving federal recognition to California's Ione Band of Miwok Indians as the tribe completes construction of a casino.
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January 12, 2026
5th Circ. Won't Revive TMX's Texas Challenge To $52M Pa. Fine
An affiliate of consumer lender TMX Finance can't use Texas federal courts to challenge the enforcement of Pennsylvania's consumer lending interest rate cap by the Keystone State's financial regulator, the Fifth Circuit has determined.
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January 12, 2026
Energy Dept.'s Blue State Grant Cuts Are Unlawful, Court Says
President Donald Trump's administration unlawfully canceled hundreds of U.S. Department of Energy grants slated for states whose voters leaned toward former Vice President Kamala Harris in the last election, a D.C. federal judge ruled Monday when finding that the government's decision violates the Fifth Amendment's equal protection guarantee.
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January 12, 2026
The Curious, Very Long Delay In A Pioneering Drug Prices Suit
When Merck & Co. launched a fiery challenge to Medicare's landmark drug price negotiations, it blazed a trail for many similar suits. But 31 months later, the challenge is stalled where it started as Merck begs for a ruling, other suits speed along the path it created and huge costs now seem unavoidable.
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January 12, 2026
Attorneys Chastened By Fed. Circ.'s ITC Mixed Deadline Ruling
A Federal Circuit decision concluding that certain mixed rulings from the U.S. International Trade Commission can generate different appeal deadlines, even when issued in the same document, is a reminder of just how strict courts can be when handling unclear appeal due dates, attorneys told Law360.
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January 12, 2026
Trial Opens In Gerrymandering Claims On 4 Fla. Districts
The coalition of civic groups and Florida residents claiming new congressional and state legislative maps are racially gerrymandered opened their case Monday against the state, putting on an expert witness who proffered alternative maps for the challenged districts.
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January 12, 2026
CFPB, DOJ Revoke Lender Guidance On Anti-Immigrant Bias
The Trump administration is withdrawing Biden-era guidance from the Consumer Financial Protection Bureau and U.S. Department of Justice that cautioned lenders about refusing to provide credit to immigrant borrowers, saying it believes the withdrawal clarifies that lenders may legally consider immigration status under several circumstances.
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January 12, 2026
FirstEnergy Investors Again Push For Class Cert. In Bribe Suit
FirstEnergy Corp. investors have renewed their bid for class certification in Ohio federal court after the Sixth Circuit decertified the class and found that the district court applied the wrong legal standard, in a case accusing the utility company of bribing Ohio officials to secure a $1 billion bailout of a pair of nuclear plants.
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January 12, 2026
The Issues That Could Decide The Tom Goldstein Tax Case
Federal prosecutors are set to begin making their case against famed U.S. Supreme Court lawyer and SCOTUSblog founder Tom Goldstein at trial Wednesday, alleging that he deliberately hid millions of dollars in high-stakes poker winnings from the Internal Revenue Service between 2016 and 2021 and lied on mortgage applications.
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January 12, 2026
CFTC Chair Taps Kalshi, Polymarket CEOs To Advisory Panel
The new chair of the U.S. Commodity Futures Trading Commission on Monday said he plans to nominate leaders of prediction market platforms including Polymarket to serve as charter members of a new advisory committee, a day after congressional Democrats pressed him to respond to manipulation threats in the event contract markets.
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January 12, 2026
States Fight USDA's Renewed Effort To Cut SNAP Benefits
A coalition of states has asked a California federal judge to enforce an injunction blocking the U.S. Department of Agriculture from withholding funding from states refusing to share sensitive personal information on food assistance benefit recipients, saying the Trump administration has once again threatened to withhold the funding.
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January 12, 2026
Trump Order's Vote-By-Mail Limits Are Unlawful, Judge Rules
A federal judge in Seattle has barred the Trump administration from enforcing key sections of a March executive order on elections, ruling that the government cannot compel Washington and Oregon to change state deadlines for mail-in ballots or use federal forms requiring proof of citizenship.
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.