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Public Policy
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January 27, 2026
FCC Asks Carriers To Keep Spanish In Emergency Alerts
The Federal Communications Commission's Public Safety and Homeland Security Bureau on Monday reminded wireless providers that they must properly transmit and display Wireless Emergency Alerts that include Spanish-language characters, warning that altering or deleting those characters violates federal rules.
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January 27, 2026
BigLaw Firms Seek Partial Exec Order Appeal Consolidation
The four BigLaw firms that sued the White House and Justice Department over executive orders against them related to the clients they represent have asked the D.C. Circuit that the cases be "partially consolidated" amid the government's appeals of its losses, while maintaining the ability to file individual response briefs.
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January 27, 2026
Nuke Discharge Law Isn't Preempted, NY Tells 2nd Circ.
New York has told the Second Circuit that a federal judge wrongly concluded that a state law barring the release of radioactive materials into the Hudson River was federally preempted.
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January 27, 2026
Family Members Of Boat Strike Victims Sue Trump Admin
The family members of two Trinidadian men killed in a U.S. boat strike in the Caribbean Sea sued the federal government in Massachusetts federal court Tuesday, claiming the attack was an unlawful extrajudicial killing.
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January 27, 2026
NY Schools Say Federal Threat Over Native Mascot Imminent
A Long Island school district is asking a federal district court to alter its judgment dismissing a challenge to New York's ban on the use of Indigenous imagery, saying the district faces an "imminent and actual threat" of federal Civil Rights Act enforcement if it complies with the state law.
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January 27, 2026
EU, India Reach Major Free Trade Agreement
The European Union and India have struck a deal on a free trade agreement including major tariff removals and reductions, culminating decades' worth of negotiations between the second- and fourth-largest economies in the world, the governments announced Tuesday.
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January 27, 2026
Trump's Greenland Tariff Threats Could Backfire On US
The brief turmoil over President Donald Trump's sweeping tariff threats involving Greenland has abated for Europe and the global financial markets, but European governments may be more likely to retaliate with their own tariffs on the U.S. in the future, experts said.
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January 27, 2026
Fed. Circ. Snubs Google's 'Settled Expectations' Challenge
The Federal Circuit on Tuesday turned down Google's challenge to the U.S. Patent and Trademark Office's policy of denying patent reviews based on the owner's "settled expectations," marking the latest failed case disputing the agency's changes to the Patent Trial and Appeal Board.
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January 27, 2026
8th Circ. Won't Reinstate ICE Injunction In Minneapolis
An Eighth Circuit panel has refused to reinstate a lower court's injunction barring federal immigration agents from retaliating against peaceful protesters in Minneapolis, ruling that it is unlikely to survive an appeal from the Trump administration.
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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.
Expert Analysis
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Reinventing Bank Risk Mgmt. After 2025's Cartel Crackdown
The Trump administration's 2025 designation of certain transnational drug cartels as terrorists means that banks must adapt to a narrowing margin of error in their customer screening and transaction assessments by treating financial crime prevention as a continuous and cross-enterprise concern with national security implications, says Jack Harrington at Bradley Arant.
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How Developers Can Harness New Texas Zoning Framework
A Texas law introducing a new zoning framework has the potential to unlock meaningful multifamily development opportunities, but developers and their project teams should follow four steps to help identify how affected cities are interpreting and implementing the new law, says Angela Hunt at Munsch Hardt.
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Where States Jumped In When SEC Stepped Back In 2025
The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.
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2026 Enforcement Trends To Expect In Maritime And Int'l Trade
The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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Streamlining Product Liability MDLs With AI And Rule 16.1
With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.
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USCIS Asylum Pause Could Drive Federal Mandamus Filings
U.S. Citizenship and Immigration Services' recent freeze on asylum applications is likely to accelerate Administrative Procedure Act unreasonable delay and writ of mandamus filings, making it important for practitioners handling such cases to familiarize themselves with the mandamus framework and evidentiary standards, says Kemal Hepsen at Mandamus Lawyers.
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SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models
The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.
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How Mamdani Will Shift NYC Employment Law Enforcement
Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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2025's Most Notable State AG Activity By The Numbers
State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Montana Ruling Reaffirms Record-Based Enviro Analyses
A Montana federal court's recent decision in Center for Biological Diversity v. U.S. Forest Service, vacating permits for logging near Yellowstone National Park, is a reminder that, despite attempts to pare back National Environmental Policy Act reviews, agencies must still properly complete such reviews before projects are approved, say attorneys at ArentFox Schiff.
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Banking M&A Outlook Reflects Favorable Regulatory Climate
The banking mergers and acquisitions environment is starting 2026 with a rare alignment of favorable market conditions and a more permissive regulatory atmosphere, creating a clear window for banks to pursue transformative combinations and shape the competitive landscape, say attorneys at Reed Smith.