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Public Policy

January 22, 2026
Drugmakers May Dodge Disgorgement In States' Antitrust Suit

A Connecticut federal judge probed the limits of his equitable powers Thursday in a sprawling generic drug antitrust enforcement action, expressing doubt that he could order the drugmaker defendants to hand over their profits while also awarding multiplied damages and imposing civil penalties.
January 22, 2026
As Lawmakers Scrutinize Costs, Insurers Point To Hospitals

Facing a barrage of questions from lawmakers on Capitol Hill about rising costs, the heads of the biggest health insurance companies in the U.S. sought to blame providers and other parts of a complex industry.
January 22, 2026
FERC Commissioners Back Fed-State Push For PJM Changes

The Federal Energy Regulatory Commission on Thursday backed plans from the Trump administration, state governors and PJM Interconnection to address escalating power prices amid data center-fueled increases in electricity demand, and encouraged the nation's largest grid operator to promptly submit policy proposals.
January 22, 2026
Judge Severs Tax Charges From Ex-Rep's Foreign Agent Case

A former Florida congressman will get to contest tax charges against him separately from a criminal indictment alleging he and a political consultant failed to register as foreign agents while lobbying on behalf of Venezuela's state oil company, a federal judge ruled.
January 22, 2026
Digital Services Taxes May Give Leverage In US Trade Deals

As President Donald Trump and his administration continue to negotiate with trading partners seeking to lower tariff rates, countries with digital services taxes could find those measures build some leverage with U.S. negotiators aiming to eliminate them.
January 22, 2026
UN Committee Floats Draft For Taxing Cross-Border Services

Negotiators at the United Nations released a draft of potential cross-border measures that could eventually appear in a multilateral treaty to help countries tax the income of remote corporations that currently fall outside traditional taxation rules.
January 22, 2026
USPTO Re-Ups Agreement With Major IP Offices Through 2029

The U.S. Patent and Trademark Office has extended the Patent Prosecution Highway pilot program with four other intellectual property offices, which expedites review of patent applications that have been allowed in another country, for another three years.
January 22, 2026
Md. Judge Keeps Ship Manager Liability Shield Bid Alive

A Maryland federal judge Thursday allowed the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge to press ahead, for now, with its request to invoke a nearly two-centuries-old maritime law to limit its liability for the 2024 wreck.
January 22, 2026
Pa. Justices Say Judge's Partisan Posts Warrant Suspension

Pennsylvania's highest court has adopted a balancing test for restricting a sitting judge's free speech outside the context of an election and, in doing so, affirmed the suspension of a state court judge who it said damaged the court's appearance of impartiality by making political posts on social media.
January 22, 2026
AGs Target Investor Advocacy Group As 'Climate Cartel'

A group of state attorneys general led by Florida Attorney General James Uthmeier issued a warning letter Wednesday to climate advocacy organization Ceres claiming concerns about violations of antitrust and consumer protection laws.
January 22, 2026
Trump Sues JPMorgan For $5B Over Account Closures

President Donald Trump on Thursday sued JPMorgan Chase in Florida state court for at least $5 billion in damages, alleging it unlawfully "debanked" him and an array of his business ventures shortly after the end of his first term.
January 22, 2026
NCAA Tells 4th Circ. Appeal Of Eligibility Ruling Should Go On

The NCAA has urged the Fourth Circuit to keep hearing its appeal of a preliminary injunction letting four West Virginia University football players compete in a season that is now over, arguing that similar challenges to its eligibility rules are inevitable.
January 22, 2026
Washington Drops $9M Climate Fund Suit Against NOAA

Washington state dropped its lawsuit against the U.S. Department of Commerce after a federal judge temporarily blocked the Trump administration from withholding more than $9 million meant to shore up the state's resiliency to climate change.
January 22, 2026
EEOC Chair Decries 'Fearmongering' Amid Guidance Repeal

The Republican members of the U.S. Equal Employment Opportunity Commission voted Thursday to retract comprehensive harassment guidelines issued during the Biden administration after the agency's chair panned warnings from Democrats and civil rights advocates that the move erodes key worker protections.
January 21, 2026
NJ Justices Wrestle With Cases Complicated By ICE Custody

The New Jersey Supreme Court wondered Wednesday how to manage case flow when detained or deported defendants are prevented by U.S. Immigration and Customs Enforcement from attending their proceedings, lamenting the difficult choice of options including letting matters languish, conducting criminal trials virtually or issuing bench warrants that could complicate immigration cases.
January 21, 2026
Lawyer Testifies Goldstein Dodged $500K Poker Repayment

A former employee at Thomas Goldstein's law firm recounted in court Wednesday that a U.S. Internal Revenue Service levy was placed on the SCOTUSblog founder's accounts, while a lawyer at another firm said Goldstein dodged repaying him for money invested in his poker-playing exploits.
January 21, 2026
Senate Agriculture Unveils Crypto Bill Without Dem Backing

The chairman of the Senate Agriculture Committee released the text of a proposal to expand the U.S. Commodity Futures Trading Commission's authority over crypto Wednesday evening, despite failing to reach a bipartisan agreement on the text ahead of a markup slated for next week.
January 21, 2026
BP Says Wash. Residents' 'Noxious Odors' Class Claims Stink

A BP unit facing a proposed class action over oil refinery fumes urged a Washington federal judge to flush the suit, arguing that the plaintiffs' proposed class definition is flawed because individual residents would be affected differently based on wind direction, distance from the facility and other factors.
January 21, 2026
Court Rejects Sanctions In Venezuelan Oil Defamation Case

A Florida federal judge on Wednesday declined to sanction a director of a Venezuelan state-owned oil company, finding no conflict of interest by his attorneys at Diaz Reus LLP in a now-dismissed suit accusing the director and others of engaging in a campaign to smear Venezuelan civic leaders.
January 21, 2026
8th Circ. Temporarily Lifts Restrictions On ICE In Minnesota

The Eighth Circuit on Wednesday issued an administrative stay temporarily lifting a district court injunction blocking federal immigration agents from retaliating against or detaining peaceful protesters without probable cause during federal immigration enforcement in the Twin Cities area.
January 21, 2026
Texas AG Launches Investigation Into Vaccine Incentives

The Texas attorney general launched what it characterized as a sweeping, multi-industry investigation into financial incentives for medical providers to recommend childhood vaccines, saying providers regularly dish out vaccines that "are not proven to be safe or necessary."
January 21, 2026
10th Circ. Says Detectives Must Face Suit For Hiding Evidence

The Tenth Circuit on Wednesday ruled that a pair of detectives who helped wrongfully convict a man of murder are not shielded by qualified immunity from a civil suit by the man's family.
January 21, 2026
5th Circ. Leans Toward Vacating Airline Fees Disclosure Rule

The full Fifth Circuit wanted to know Wednesday why it shouldn't just do away with a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, saying that the government seemed to be arguing that the court should just vacate the rule.
January 21, 2026
Midwives Challenge Miss. Practice Limits In Antitrust Suit

The American College of Nurse-Midwives launched a suit seeking to permanently block Mississippi rules requiring certified nurse-midwives to obtain collaboration agreements with physicians, arguing the rules unlawfully restrict competition and exacerbate public health challenges in the state.
January 21, 2026
Ex-Military Heads Back Sen. Kelly In Suit Against Hegseth

Dozens of former military leaders have backed U.S. Sen. Mark Kelly, D-Ariz., in challenging Defense Secretary Pete Hegseth's bid to reduce his Navy rank, saying Kelly's punishment for "accurate statements of military law" discourages veterans from exercising their own First Amendment rights.

Expert Analysis

Opinion

Justices Should Clarify Loper Bright Doctrine Via Patent Case

The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.
How OECD Tax Update Tackles Mobile Workforce Complexity

The Organization for Economic Cooperation and Development’s recently updated model tax convention — a recalibration of international tax principles in response to an increasingly mobile workforce — should prompt companies to reevaluate cross-border operations, transfer pricing policies and tax controversy strategies, say attorneys at Eversheds.
Reviewing 2025's Most Pertinent Wiretap Developments

2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
2025 Legal Milestones That Will Shape Psychedelics Sector

As 2025 draws to a close, psychedelic drug development stands at an inflection point, experiencing unprecedented momentum through recent sweeping regulatory changes and landmark clinical milestones, amid rapidly evolving regulatory expectations, say Odette Hauke at Odette Alina LLC and Kimberly Chew at Husch Blackwell.
M&A Midmarket Shows Resilience Amid 2025 Challenges

Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.
Del. Dispatch: Key 2025 Corporate Cases And Trends To Know

The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.
Series

Nature Photography Makes Me A Better Lawyer

Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
2025 Brought A New Paradigm For Federal Banking Regulation

A series of thematic shifts defined banking regulation in 2025, including a fundamental reform of prudential supervision, a strategic easing of capital constraints, steps to streamline merger reviews, and a new framework for fair access and entrants seeking to offer banking services, say attorneys at Simpson Thacher.
What 2025 Transpo And Logistics Legal Trends Mean For 2026

2025 was challenging for the transportation and logistics sector, with emergent trends including dramatic federal policy shifts, developments in tort risk, and a host of mergers and acquisitions — but a review of these themes offers a useful playbook for where the industry is headed in 2026, says Jonathan Todd at Benesch.
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.
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.
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.
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.
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.
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.