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Public Policy
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February 03, 2026
5th Circ. Unsure Child Online Safety Law Tramples Speech
A Fifth Circuit panel appeared skeptical Tuesday of a tech media trade group's stance that a Mississippi internet safety law is unconstitutional, suggesting that the challenged statute may not implicate speech.
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February 03, 2026
FERC Members Say High Court Helped Speed Up Gas Reviews
The U.S. Supreme Court's landmark decision last year that curtailed federal environmental reviews has translated to faster Federal Energy Regulatory Commission approvals of gas infrastructure projects, commissioners told a congressional energy panel Tuesday.
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February 03, 2026
Md. Cannabis Licensure Unconstitutional, 4th Circ. Told
A California cannabis entrepreneur has urged the Fourth Circuit to revive her constitutional challenge to Maryland's social equity marijuana licensure program, saying the U.S. Constitution's dormant commerce clause must apply to federally unlawful marijuana.
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February 03, 2026
House Dems Press Bessent About IRS Retirement Pay Delays
Democrats on the House Ways and Means Committee demanded answers Tuesday about substantial delays in processing retirement applications for Internal Revenue Service employees who participated in the government's deferred resignation program.
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February 03, 2026
USPTO, With Squires' Signature, Seeks 'Board Of Peace' TMs
The U.S. Patent and Trademark Office has filed a pair of applications for trademarks covering President Donald Trump's Board of Peace, with Director John Squires listed as the attorney pursuing the marks.
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February 03, 2026
NY-NJ Commission Sues Over Frozen Hudson Tunnel Funding
The bi-state commission overseeing the $16 billion rehabilitation of aging commuter train tunnels under the Hudson River between New York and New Jersey has sued the Trump administration, alleging it's illegally withholding federal funds and jeopardizing the project, which is days away from having to shut down construction.
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February 03, 2026
IRS Floats Clean Fuel Credit Rules With Foreign Restrictions
The Internal Revenue Service released long-awaited proposed regulations Tuesday clarifying how domestic transportation fuel producers can qualify for the clean energy fuel tax credit under changes made by Republicans' 2025 budget law, including new foreign restrictions on business owners and feedstock sources.
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February 03, 2026
3rd Circ. Says Contractor Payments Not Payroll Costs For PPP
The Third Circuit sided with the Small Business Administration on Tuesday in the case of an IT company seeking full forgiveness of a $7.2 million Paycheck Protection Program loan, ruling that the SBA was within its rights to deny forgiveness because the company's payments to independent contractors did not count as "payroll costs."
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February 03, 2026
Senate Confirms Picks For Texas, Ark. District Court Seats
The Senate confirmed two U.S. district court judges, for Texas and Arkansas, on Tuesday.
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February 03, 2026
OCC's Ex-Chief Of Enforcement Joins Morgan Lewis In DC
A former acting director of enforcement at the Office of the Comptroller of the Currency has joined Morgan Lewis & Bockius LLP's financial regulatory and enforcement litigation and investment management practices in Washington, D.C., marking his first move into private practice following an extensive career in public service.
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February 03, 2026
Trump Signs Funding Bills, DHS Reform Still To Be Addressed
The House voted 217-214 on Tuesday to pass the five remaining spending bills for fiscal 2026 and a continuing resolution for the U.S. Department of Homeland Security, which kicks off a 10-day sprint for lawmakers to work on reforms to immigration enforcement before triggering another government shutdown.
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February 03, 2026
'Sham' System Denies Ark. Parolees Counsel, Suit Claims
The Arkansas Department of Corrections and its parole board have been hit with a proposed class action in federal court, claiming the state agencies have been refusing to provide a public defender during what the suit calls "sham" parole revocation hearings.
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February 03, 2026
Feds Fight Cyberstalking Atty's Bid For Pretrial Release
The U.S. government has asked a Texas federal judge to reject a bid for pretrial release from a currently detained attorney charged with cyberstalking other attorneys at BigLaw firms.
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February 03, 2026
Dem Lawmakers Win Block On New ICE Detention Visit Policy
A D.C. federal judge temporarily blocked a Trump administration policy that had required Congress members to provide a week's notice before making oversight visits to immigrant detention facilities, ruling the policy will likely be found unlawful.
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February 03, 2026
Clark Hill Expands Energy, Lobbying Teams With Hinshaw Atty
An attorney with more than 20 years of experience advising clients on energy litigation matters and policy has moved her practice to Clark Hill PLC's Washington, D.C., office after nearly three years with Hinshaw & Culbertson LLP.
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February 03, 2026
Md. Lawmaker Pitches Urban Agriculture Property Tax Credit
Maryland would allow more properties to qualify for local-option tax breaks for urban agriculture under legislation pitched to a state House of Delegates panel Tuesday.
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February 03, 2026
1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit
The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.
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February 03, 2026
Trump's Iron Ore Pollution Exemption Is Unlawful, Enviros Say
Environmental groups asked a D.C. federal judge to overturn a Trump administration decision to exempt low-grade iron ore processing facilities from new emission standards for mercury and acidic gases, alleging the president abused a provision in the Clean Air Act.
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February 03, 2026
Approach The Bench: Judge Yew Warns Of Deepfake Evidence
After decades on the bench of the Santa Clara County Superior Court, Judge Erica Yew began to regard the future of courtroom evidence with some trepidation, as the rapid evolution of artificial intelligence made it easier to falsify documents, photos and videos.
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February 03, 2026
Calif. Justices Rule Loose Pot Is Not 'Open Container'
The California Supreme Court has ruled that the mere presence of loose cannabis in a vehicle doesn't trigger the state's "open container" law, but instead it must be in a usable quantity and readily accessible to the driver to create probable cause that justifies a search.
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February 03, 2026
Kan. Bill Would Increase School Property Tax Exemption
Kansas would increase its school property tax exemption for 2027 under a bill introduced in the state House of Representatives.
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February 03, 2026
Kan. Bill Would Allow Liquor Tax Hike For Property Reduction
Kansas would allow localities to increase their liquor tax rates if approved by voters in order to offset revenue losses from lowering property tax rates in the area under a bill introduced in the state House of Representatives.
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February 03, 2026
Habeas Cases Flood Courts After Immigrant Detention Shift
Federal courts have been inundated with a flood of cases stemming from the Trump administration's revised approach to the detention of unauthorized immigrants, with judges routinely ruling against the government as immigration attorneys scramble to keep up.
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February 02, 2026
Trump Admin's Bid To End Haitian Protections Paused
A D.C. federal judge on Monday postponed the Trump administration's termination of temporary protected status for Haitians, saying five Haitian nationals who sued the administration are likely to succeed in showing that the termination is unlawful.
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February 02, 2026
'Doesn't Make Sense': DOJ Irks Judge In Merger Fight With AGs
A California federal judge said Monday that the U.S. Department of Justice must hand over certain discovery materials to Democratic attorneys general challenging the DOJ's controversial settlement greenlighting the $14 billion merger of Hewlett Packard Enterprise and Juniper Networks, telling the DOJ that its argument that discussions of alternative remedies are shielded from discovery "doesn't make sense."
Expert Analysis
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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.
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Opinion
It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs
The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.
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Opportunities Amid The Challenges Of Trump's BIS Shake-Up
The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.
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How SEC Civil Penalties Became Arbitrary: The Data
Data regarding how the U.S. Securities and Exchange Commission has adhered to its own civil penalty rules over the past 20 years reveals that awards are no longer determined in accordance with the guidelines imposed on the SEC by the securities laws, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.