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Public Policy
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January 05, 2026
4 Mass. Rulings You May Have Missed In December
Insurers seeking to cap their losses in a serious construction accident and a fintech startup offering what the state says are illegal mortgages were on the losing side in December, but two other companies defeated proposed consumer class actions in Suffolk County Superior Court's business litigation session. Here are four notable rulings you may have missed last month.
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January 05, 2026
NJ Panel Tosses Bid To Gut DEP Environmental Justice Rules
A New Jersey appellate panel on Monday affirmed the state's sweeping environmental justice rules, rejecting consolidated challenges from industry and labor groups that argued the Department of Environmental Protection overstepped its statutory authority, relied on vague and overbroad definitions, and imposed arbitrary permitting burdens on facilities in heavily polluted communities.
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January 05, 2026
DC Circ. Chosen For Challenges To FCC's Prison Rate Caps
A judicial panel has randomly selected the D.C. Circuit as the venue for multiple challenges to the Federal Communications Commission's latest rate structure for prison phone calls.
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January 05, 2026
Atlanta Shouldn't Escape Age Bias Suit, Judge Says
A suit from an ex-building inspector against the city of Atlanta alleging his boss denied him a promotion because of his age can continue, a federal judge said, finding that a jury needed to weigh his claim that his boss told him someone younger was wanted instead.
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January 05, 2026
Health Officials Roll Back Child Vaccine Recommendations
Amid public outcry, federal health officials on Monday revised vaccine recommendations for American children, cutting the number from 18 to 11 and bringing the United States in line with other developed countries such as Denmark.
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January 05, 2026
Conn. AG Challenges Reynolds' Win In 'Recycling' Label Suit
The state of Connecticut has asked a trial court judge to rethink whether Reynolds Consumer Products willfully violated state unfair trade practices laws when labeling clear plastic Hefty bags as "recycling" bags, arguing the judge held the state to a higher burden than necessary when issuing a quick win.
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January 05, 2026
Bank Fights Sanctions Bid In Jail Debit Card Fee Suit
Central Bank of Kansas City said it should not face sanctions for failing to produce certain documents in a suit brought by a group of formerly incarcerated people accusing it of charging excessive fees on prepaid debit cards, arguing the suit should take direct action against the bank's contractors instead.
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January 05, 2026
EU Sets Default Emission Levels For Carbon Border Tax
The European Union released default levels of greenhouse gas emissions that importers must use to calculate liabilities for the newly enforced carbon border adjustment mechanism when they lack reliable information on the emissions associated with producing covered products.
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January 05, 2026
Wayne County, Mich., Chief Judges Focus On Tech, Safety
The new chief judge for Michigan's largest and busiest circuit court and his immediate predecessor tell Law360 that judicial safety, technology and staffing are the most pressing issues facing the court as they start the year.
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January 05, 2026
Calif. Tribe Sues IHS Over Opioid Center Compact Denial
A California tribe is asking a federal court to order the Indian Health Service to approve a proposed agreement for an opioid treatment center, arguing that the funding is desperately needed after multiple tragedies due to drug addiction in and outside its reservation.
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January 05, 2026
Legal Asst., Law Firm Drop Claims In NM Pregnancy Bias Suit
A New Mexico-based personal injury law firm and a legal assistant agreed to drop retaliation and defamation claims in her lawsuit alleging she was forced to resign after disclosing her pregnancy, according to a federal magistrate judge's order filed in federal court.
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January 05, 2026
Ex-CTA Worker Fights New Trial Ordered Over Jury Instruction
A former Chicago Transit Authority employee who prevailed at trial last year on claims that he was unlawfully fired for refusing the COVID-19 vaccine on religious grounds is asking an Illinois federal judge to reconsider his decision to order a new trial, after the judge found he'd erred in instructing the jury.
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January 05, 2026
Cravath Int'l Security Atty Joins Davis Polk In New York
Davis Polk & Wardwell LLP has hired a Cravath Swaine & Moore LLP national security lawyer who spent years in public service with the Treasury Department and who served as director for international trade and investment at the National Security Council and the National Economic Council, the firm announced Monday.
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January 05, 2026
ITC Probing Claims Of Unfairly Priced Mexican Strawberries
The U.S. International Trade Commission announced Monday that it is investigating allegations made by a coalition of Florida farms that imported Mexican winter strawberries are being sold at less than fair value.
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January 05, 2026
Trump Backs Biden's Medicare Drug Price Law At High Court
The Trump administration is defending the Biden-era Medicare Drug Price Negotiation program to the U.S. Supreme Court, asking the justices to deny AstraZeneca's petition challenging the program as unconstitutional.
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January 05, 2026
Countries Reach Deal To Exempt US From Pillar 2 Tax
Nearly 150 countries finalized the details Monday of a safe harbor that would effectively exempt U.S. companies from a 15% global minimum tax known as Pillar Two, following months of international negotiations and retaliatory tax threats from the U.S.
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January 05, 2026
Ga. Judge Denies Early Exit In Protester's Defamation Suit
A Georgia federal judge has denied Atlanta's ex-police chief's bid to escape a defamation suit from a protester who says he was falsely accused of being a violent gang member, ruling that the suit sufficiently substantiated that the chief deliberately lied in public statements.
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January 05, 2026
Federal Workers Fight Gender-Affirming Coverage Rollback
A group of federal employees has filed a discrimination complaint with the U.S. Office of Personnel Management, saying the decision to end coverage for certain gender-affirming medical procedures under the workers' health insurance plans amounted to unlawful sex bias.
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January 05, 2026
Ind. House Bill Floats Transfer Tax On Real Estate Investment
Indiana would establish a transfer tax on entities that manage funds pooled from investors in single-family residences under a bill introduced Monday in the state House of Representatives.
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January 02, 2026
9th Circ. Says Dormant Commerce Clause Doesn't Cover Pot
A Ninth Circuit panel Friday rejected arguments by a would-be cannabis retail operator that said state and local residency requirements on marijuana business licenses are unconstitutional, ruling that the U.S. Constitution's dormant commerce clause doesn't apply to the cannabis industry because it's still illegal under federal law.
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January 02, 2026
Trump Tells HieFo To Divest Chip Assets, Citing Security Risks
President Donald Trump on Friday ordered California-based high-efficiency photonics company HieFo Corp. to divest digital chips and wafer assets it bought from Emcore Corp., saying a Chinese citizen's control of HieFo poses national security risks.
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January 02, 2026
Bitfinex Hacker Says He's Been Released From Prison
Bitfinex hacker Ilya Lichtenstein says he's out of prison early after provisions of a criminal justice reform law shortened his five-year sentence for laundering stolen bitcoin worth billions of dollars.
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January 02, 2026
Miss. Tells Justices Election Laws Not Limited By Past
Mississippi urged the U.S. Supreme Court on Friday to uphold a law allowing state election officials to count mail-in ballots that arrive late but are postmarked by Election Day, arguing a lower court's finding that the law conflicts with federal statutes is inconsistent with the U.S. Code and historical practice.
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January 02, 2026
NYC Puts Foot Down On Landlord's Ch. 11 Plan, Sale
New York City wants to pump the brakes on the reorganization and sale of a group of debtors affiliated with Pinnacle Group, arguing the landlord cannot sell its buildings until it corrects code violations in what the city's new mayor called its "most neglected buildings."
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January 02, 2026
Empire, Ørsted Sue To Overturn Offshore Wind Suspension
Two energy companies moved to block the Trump administration's latest order halting offshore wind projects, arguing that the announcement came with "no plausible justification" and claiming that they were given no chance to address the administration's concerns beforehand.
Expert Analysis
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Navigating A Sea Change In Rent Algorithm Regulation
The U.S. Department of Justice's proposed settlement of the RealPage lawsuit represents a pivotal moment in the regulation of algorithmic rent-setting, restraining use of these tools amid a growing trend of regulatory limits on use of algorithmic data and methodologies in establishing housing rental prices. say attorneys at Wilson Elser.
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Tariffs And Trade Volatility Drove 2025 Bankruptcy Wave
The Trump administration's tariff regime has reshaped the commercial restructuring landscape this year, with an increased number of bankruptcy filings showing how tariffs are influencing first‑day narratives, debtor-in-possession terms and case strategies, say attorneys at Thompson Hine.
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Insuring Equality: 3 Tips To Preserve Coverage For DEI Claims
Directors and officers and employment practices liability are key coverages for policyholders to review as potentially responsive to the emerging liability threat of Trump's executive orders targeting corporate diversity, equity and inclusion policies and practices, says Micah Skidmore at Haynes Boone.
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Perspectives
Justice Requires Excluding Manner Of Death As Evidence
A recent report showing that the unstandardized and subjective U.S. system of medicolegal death investigations contributes to unjust convictions should prompt courts and lawmakers to reject manner of death testimony in favor of more transparent and testable forensic evidence, say Peter Neufeld and Isabelle Cohn at the Innocence Project.
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The SEC Whistleblower Program A Year Into 2nd Trump Admin
The U.S. Securities and Exchange Commission's whistleblower program continues to operate as designed, but its internal cadence, scrutiny of claims and operational structure reflect a period of recalibration, with precision mattering more than ever, say attorneys Scott Silver and David Chase.
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Autonomous Vehicle Liability Trends To Watch In 2026
With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.
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Key Crypto Class Action Trends And Rulings In 2025
As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.
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New Russia Energy Sanctions Add Compliance Complexity
Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.
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6 Laws For Calif. Employers To Know In 2026
California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.
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How New SEC Policies Shift Shareholder Proposal Landscape
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.
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NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?
Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.
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Tracking The Evolution Of AI Insurance Regulation In 2025
As artificial intelligence continues to transform the insurance industry, including underwriting, pricing, claims processing and customer engagement, state regulators, led by the National Association of Insurance Commissioners, are increasing oversight to ensure that innovation does not outpace consumer protections, say attorneys at Fenwick.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation
On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.