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Public Policy
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February 06, 2026
HHS Ends 340B Drug Rebate Pilot After Legal Challenge
The U.S. Department of Health and Human Services has ended a proposed rebate program that would have altered how hospitals receive payments for participating in the federal 340B drug discount program, which provides discounted prescription drugs for low-income Americans, after facing a lawsuit from a major hospital association.
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February 06, 2026
Football Coaches Throw Support Behind FTC's Agent Probe
A football coaches' trade association has thrown its weight behind the Federal Trade Commission's recently launched investigation of college sports agents, warning that the profession is rife with predatory figures looking to exploit vulnerable athletes.
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February 06, 2026
DOL Rolls Out New Minimum Wage For Federal Contractors
The new minimum hourly wage for federal contractors will be set at $13.65, the U.S. Department of Labor Wage and Hour Division said Friday, a move coming after the Trump administration nixed a Biden-era rule setting the wage to $15.
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February 05, 2026
5th Circ. Mulls Families' Rights In Boeing-DOJ 737 Max Deal
The Fifth Circuit on Thursday questioned whether crash victims' families are owed "unfettered" rights to consult with the U.S. Department of Justice over its refusal to criminally prosecute Boeing for conspiring to defraud safety regulators about the 737 Max's development.
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February 05, 2026
Trump's Seattle US Atty Stays On For Now Via Title Swap
Trump administration appointee Charles Neil Floyd will continue to be the Western District of Washington's top federal prosecutor for now, under the new title of "First Assistant U.S. Attorney," after the deadline passed Wednesday for the U.S. Senate to confirm the interim appointment.
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February 05, 2026
Microsoft Teams Illegally Collected Voice Data, Ill. Users Claim
Microsoft Corp.'s Teams software collects and analyzes users' distinctive "voiceprints" without providing proper notice as required under Illinois law, five state residents alleged in a proposed class action Thursday.
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February 05, 2026
BNY Mellon Can't Sue Investor In Texas Over Facility Funding
A Texas appellate court determined Thursday that Bank of New York Mellon Trust Co.'s suit against the company that purchased senior revenue certificates for a student housing facility does not belong in the Lone Star State, saying the bank failed to demonstrate that the company's conduct tied it to Texas.
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February 05, 2026
PGA Tour Didn't Price Gouge Rivals' Atty, Fla. Judges Rule
A bid to overturn the dismissal of a suit accusing the PGA Tour of inflating its event prices as part of a plot against golfers from the rival LIV tour was turned away Thursday by a Florida state appeals court.
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February 05, 2026
DOJ Urges Court To Reject Live Nation's View Of Meta Ruling
Enforcers told a New York federal court to reject Live Nation's interpretation of a ruling in an antitrust case against Meta Platforms, saying that claims against the live entertainment giant do not have to accuse it of charging different venues different prices.
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February 05, 2026
Bessent Knocks 'Nihilist' Crypto Critics Of Market Reg. Bill
U.S. Department of the Treasury Secretary Scott Bessent on Thursday defended Republican-backed legislation to regulate crypto markets as critical to the future of digital assets in the U.S., telling senators that industry players who are holding out "should move to El Salvador."
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February 05, 2026
NY Times Article Excerpts Admitted In Goldstein Trial
Federal prosecutors pressing their case against SCOTUSblog co-founder Thomas Goldstein for tax evasion and misleading statements on mortgage applications were finally able on Thursday to present jurors with key statements the U.S. Supreme Court lawyer made to legal journalist Jeffrey Toobin for a long New York Times Magazine article.
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February 05, 2026
6 Questions For Incompas CEO Chip Pickering
The surge of artificial intelligence and tech-driven communications has Incompas CEO Chip Pickering leading an expanded mission, widening the broadband infrastructure trade group's focus to the energy sector for its role in advanced telecom networks.
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February 05, 2026
Polymarket Hit With Class Action For 'Disguising' Sports Bets
Prediction market company Polymarket has been hit with a class action in New York federal court targeting its sports event contracts, which the suit alleges are disguised sports gambling offers meant to evade state regulation and scrutiny.
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February 05, 2026
Energy Dept. Defends University Grant Cost Cap To 1st Circ.
The U.S. Department of Energy urged the First Circuit to overturn a Boston federal judge's decision to block its attempt to cap reimbursable indirect costs for research grants awarded to colleges and universities, arguing it acted in line with its regulations.
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February 05, 2026
DC Circ. Doubts ICE Church Raids Can't Be Blocked
The majority of a three-judge D.C. Circuit panel appeared skeptical Thursday that they shouldn't block the Trump administration from enforcing immigration laws at sensitive locations such as churches, questioning the government's argument that the alleged harm is too speculative.
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February 05, 2026
Mich. Justices Uphold One-Man Grand Jury Murder Conviction
A man indicted by a judge and found guilty of murder cannot have another shot at his case simply because he wasn't charged by a grand jury, Michigan's highest court determined, finding that a change in state law disallowing one-man grand juries did not apply retroactively.
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February 05, 2026
FERC's Grid Planning Policy Revamp Is Proper, 4th Circ. Told
Clean energy supporters and blue state officials are backing the Federal Energy Regulatory Commission's overhaul of its regional transmission planning policy, telling the Fourth Circuit that the agency properly exercised its authority while ensuring states have a seat at the planning table.
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February 05, 2026
White House Willing To Discuss Some Dem DHS Reforms
White House press secretary Karoline Leavitt hinted Thursday at some possible cooperation to the Democrats' reform plan for the U.S. Department of Homeland Security, but she did not elaborate on what that would be.
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February 05, 2026
Trade Court OKs Zero-Rate Duty For Thai Steel Pipes
The U.S. Court of International Trade sustained a U.S. Department of Commerce redetermination finding a Thai steel pipe company is subject to a zero-rate antidumping duty, rejecting an intervening U.S. company's argument that Commerce improperly failed to consider adverse facts during the remanded deliberations.
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February 05, 2026
FCC Deploys Rapid Response To Va. Utility Pole Dispute
A Federal Communications Commission order resolving what could have been a protracted fight in Virginia over utility pole upgrades for broadband service demonstrates how a new federal procedure will clear up pole disputes faster, the FCC said Thursday.
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February 05, 2026
Atlanta Settles Enviro Group's Suit Over Chattahoochee River
A Georgia federal judge has approved a settlement agreement an environmental group and the city of Atlanta struck to end a 2024 Clean Water Act lawsuit over what the group alleged were permit violations at Georgia's largest wastewater treatment plant and discharges into the Chattahoochee River.
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February 05, 2026
Apple Avoids Heightened EU Rules For Ads, Maps
The European Commission announced Thursday that Apple's Ads and Maps features aren't used enough in the European Union to warrant imposing interoperability and other obligations foisted on other services from Apple and other major technology companies deemed "gatekeepers" under the Digital Markets Act.
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February 05, 2026
NYC Issues Proposed Rules On Upcoming Sick Time Changes
The public has until March 2 to comment on recently proposed amendments to New York City's sick leave law, changes that will expand employees' rights to take paid time off for reasons that go beyond illnesses.
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February 05, 2026
Conn. Town's PFAS Case Against 3M, Others Sent To MDL
A Connecticut town's "forever chemicals" lawsuit against major corporations including 3M and RTX, claiming damages for the contamination of local water supplies, will proceed as part of multidistrict litigation in South Carolina, court records show.
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February 05, 2026
TikTok Urges NC Justices To Toss State's Addictive App Suit
The North Carolina attorney general can't haul California-based TikTok Inc. and its now-minority Chinese owner ByteDance Inc. into state court to hash out addictive app and deceptive marketing claims solely because the online platform can be accessed in the Tar Heel State, the companies have told North Carolina's highest court.
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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Ambiguity Remains On Anti-DEI Grant Conditions
Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.
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Utah's AI Prescription Renewal Pilot Could Inform Policy
Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.
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Radiation Standard Shift Might Add Complications For Cos.
In keeping with the Trump administration's focus on nuclear energy, the U.S. Department of Energy recently announced that it will eliminate the "as low as reasonably achievable" radiation protection standard for agency practices and regulations — but it is far from clear that this change will benefit the nuclear power industry, say attorneys at K&L Gates.
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Bipartisan Enforcement Is Rising In Consumer Finance
Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.
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How Attorneys Can Navigate Shifts In Financing Landscape
Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.
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A Primer On Law Enforcement Self-Defense Doctrine
In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.
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Ramped Up Psychedelic Production Carries Opportunity, Risk
Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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New Biotech Nat'l Security Controls May Have Blunted Impact
While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Takeaways From The DOJ Fraud Section's 2025 Year In Review
Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.
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New State Regs On PFAS In Products Complicate Compliance
The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.
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Bid Protest Data Contradicts Claims That System Is Inefficient
Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.
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Opinion
Congress Should Lead On AI Policy, Not The States
There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.
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Breaking Down Expense Allocation In Mixed-Use Properties
Rapid increases in condominium fees and special assessments, driven by multiple factors such as rising insurance costs and expanded safety requirements, are contributing to increased litigation, so equitable expense allocation in mixed-use properties requires adherence to the governing documents, says Mike Walden at FTI Consulting.