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Public Policy
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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."
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February 02, 2026
Calif. Cities Challenge DOJ Rules For Child Exploitation Funds
San Diego and San Jose have sued the U.S. Department of Justice over new requirements for Internet Crimes Against Children program grant recipients, claiming that the federal government is unconstitutionally trying to force its immigration and diversity agendas on local governments and other grant recipients.
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February 02, 2026
EPA Slow To Intervene In Flint Water Crisis, Expert Tells Court
A former U.S. Environmental Protection Agency official testified Monday in Michigan federal court that the agency should have intervened in the Flint water crisis a year before issuing its warning over high lead levels.
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February 02, 2026
Ex-Goldstein Employee Claims Accountants Made Mistakes
Defense attorneys for SCOTUSblog founder Thomas Goldstein presented evidence Monday that his firm's tax accountants made serious mistakes in tax filings for Goldstein's wife, Amy Howe, in 2021.
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February 02, 2026
COVID-Era Eviction Pause Was Illegal, Wash. Landlords Claim
Moratoriums that shielded Washington renters from eviction during the height of the COVID-19 pandemic unconstitutionally forced property owners to house tenants who otherwise had no right to remain in their units, according to a lawsuit removed to federal court in Tacoma Friday by one of the local governments being sued.
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February 02, 2026
DC Circ. Gets History Lesson As Tribe Fights For Utah Land
The D.C. Circuit got a lesson in tribal history dating back to the 19th century as lawyers for the federal government and a Native American tribe argued Monday whether a congressional act gives the tribe compensable title to 1.5 million acres of Utah land where an oilfield lies.
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February 02, 2026
Nevada Judge Temporarily Halts Polymarket Sports Contracts
A Nevada state judge issued a temporary restraining order prohibiting Polymarket from offering sports contracts in the state for two weeks, finding that the platform's offerings constitute "gaming" under state law.
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February 02, 2026
'Star Trek'-Citing Judge Says Moderna Can't Ax $5B Vax IP Suit
Moderna Inc. will have to face most of a rival mRNA vaccine developer's $5 billion patent suit over the company's COVID-19 vaccines at a trial in Delaware, a federal judge ruled on Monday, invoking "Star Trek" in a summary judgment order that left issues like patent invalidity up to the jury.
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February 02, 2026
Mich. AG Can't Toss Fire Policy Challenge, Property Co. Says
A property owner urged a Michigan federal court to allow its proposed class action over the constitutionality of the state's Fire Insurance Withholding Program to go forward, saying the state attorney general's bid to dismiss the suit is untimely and improper as an intervening party.
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February 02, 2026
First Woman Justice Elected To Wash. High Court To Retire
Washington State Supreme Court Justice Barbara A. Madsen, the first woman to be voted onto the court and the second-longest serving justice in state history, said Monday she plans to retire this spring after 33 years on the bench.
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February 02, 2026
Custodians Tell NJ Justices COVID Law Doesn't Preempt CBA
School custodians urged the New Jersey Supreme Court on Monday to reinstate an award of extra money for their in-person work during the pandemic, arguing an arbitrator had a reasonably plausible interpretation of a state statute when he determined it didn't preempt the custodians' collective bargaining agreement.
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February 02, 2026
Offshore Wind Crowns Courtroom Sweep With Sunrise Restart
A D.C. federal judge on Monday lifted the Trump administration's halt of the Sunrise Wind project, the final victory for five East Coast offshore wind farms that all convinced courts to block the government's stop-work orders.
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February 02, 2026
Colo. Justices Strike Down Laws Governing County Appeals
The Colorado Supreme Court found two sections of Colorado law unconstitutional Monday because they allowed final judgments in county court cases to be appealed directly to the Colorado Court of Appeals.
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February 02, 2026
Monthly Merger Review Snapshot
U.S. enforcers reached three new merger settlements, while the Federal Trade Commission successfully blocked a $945 million heart valve deal and lodged an appeal for its case targeting Meta's past acquisitions.
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February 02, 2026
NHTSA To Redo Heavy-Duty Pickup Truck Fuel Economy Rule
The National Highway Traffic Safety Administration told auto manufacturers Friday that it's preparing to retool fuel economy standards for heavy-duty trucks, as the Trump administration presses ahead with its dismantling of Biden-era policies that sought to bolster the adoption of electric-vehicle fleets.
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February 02, 2026
FCC's Phone Subsidy Fund Aims To Improve Nat'l Verifier
As the Federal Communications Commission responds to reports from its internal auditors of widespread fraud in Lifeline phone services, the program's administrator has said progress is underway to strengthen a national system to verify beneficiaries.
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February 02, 2026
2nd Circ. Partially Revives Suit Over NY Foster Care Rules
A group of New York City children who were taken from their parents and placed into foster care have standing to challenge the legality of state rules preventing them from being placed with relatives with criminal histories, a Second Circuit panel determined on Monday.
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February 02, 2026
Curaleaf Can't Ditch All Ill. Whistleblower Act Claims
An Illinois magistrate judge on Monday mostly denied a bid from Curaleaf Inc. to throw out a former regional director's Illinois Whistleblower Act claims, saying the complaint is sufficient to allege that he was retaliated against for reporting compliance violations to the state government.
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February 02, 2026
State Dept. Accused Of Overreach With 75-Country Visa Pause
A group of U.S. citizens, nonprofits and foreign workers sued the Trump administration on Monday over its pause of immigrant visas for applicants from 75 countries over public charge concerns, arguing that the executive branch can't rewrite federal immigration law.
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February 02, 2026
FTC Says Bezos, Amazon Execs Hid Evidence Via Signal App
The Federal Trade Commission asked a Washington federal judge to assume Amazon.com Inc. used auto-deleting Signal chats to hide the "anticompetitive nature" of rules that allegedly created an artificial pricing floor across online retail, escalating a long-simmering evidentiary fight that implicates Jeff Bezos and general counsel David Zapolsky.
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February 02, 2026
Oklahoma Governor Urges Repeal Of Medical Marijuana
Oklahoma Gov. Kevin Stitt on Monday called for voters to pass a measure repealing medical marijuana legalization in the state.
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February 02, 2026
DOJ Opposes Google's Bid For Partial Search Remedy Pause
The U.S. Department of Justice and state enforcers are opposing Google's bid to pause parts of the remedies imposed after a D.C. federal court found it monopolized the search market, while the tech giant appeals the ruling to the D.C. Circuit.
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February 02, 2026
What Prison Killings Exposed About NY Death Reviews
New York has moved to change how deaths in prisons and jails are investigated with a new law prompted by the killings of two men at the hands of prison guards, even as many government reports on custodial deaths raise different questions about care and oversight at correctional facilities.
Expert Analysis
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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.
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Postconviction Law In 2026: A Recalibration, Not A Revolution
As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.