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Littler

Fourth Circuit Allows Implementation of DEI Executive Orders to Proceed

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On February 6, 2026, The U.S. Court of Appeals for the Fourth Circuit issued a final published opinion vacating the district court’s preliminary injunction against several elements of Executive Order 14151, Ending Radical and...more

Robinson & Cole LLP

Legal Update: The Status of the NLRB - New Year, New Uncertainty?

Robinson & Cole LLP on

In the past, a new presidential administration meant the beginning of a series of National Labor Relations Board (NLRB or Board) decisions that overruled prior precedents. While the White House flipped in January 2025, the...more

Gray Reed

Crude Oil Traders Fend Off the Tax Man

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It’s hardly a win for the little guy against The Man, but in San Patricio County Appraisal District v. Gunvor USA LLC (consolidated with a similar suit against Devon Gas Services, agent for Glencore Ltd.), a Texas court...more

Environmental General Counsel PC

NAW EPR Case Pauses Enforcement for NAW Members

On February 6, 2026, the U.S. District Court for the District of Oregon issued a critical ruling in National Association of Wholesaler-Distributors (NAW) v. Feldon, a case challenging Oregon’s landmark Plastic Pollution and...more

Jenner & Block

Media Organizations Face New Risks from DOJ

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In April 2025, Attorney General Pam Bondi signaled the Department of Justice’s (the “Department” or “DOJ”) heightened interest in pursuing “improper leaks” of “protected” government information and, to do so, relaxed DOJ’s...more

Miller Nash LLP

Ninth Circuit Court of Appeals Weighs in on Washington School District Employee’s First Amendment Free Speech Protections

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A middle school assistant principal was demoted to a teaching position after his Facebook post containing slurs and violent language relating to the Democratic National Convention. The Ninth Circuit Court of Appeals held that...more

BCLP

False Claims Act: Recent Updates - February 2026

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On January 16, 2026, DOJ released its annual report on FCA enforcement statistics for the 2025 fiscal year. The report reveals over $6.8 billion in settlements and judgments—the highest single‑year total and over double the...more

Orrick, Herrington & Sutcliffe LLP

New York moves to dismiss putative class action over state’s foreclosure law

Recently, the State of New York filed a motion to dismiss an amended complaint in a putative class action lawsuit challenging the constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA)...more

ArentFox Schiff

Federal Court Strikes Down Texas Anti-ESG Investment Law

ArentFox Schiff on

Policymakers at the federal, state, and local levels have questioned whether investment decisions can or should hinge on environmental, social, and governance (ESG) factors, with courts in Texas a particular hotspot for...more

Cadwalader, Wickersham & Taft LLP

DOJ’s False Claims Act Message for the Year Ahead

In 2025, the U.S. Department of Justice (“DOJ”) wielded the False Claims Act (“FCA”) to obtain the highest dollar value of settlements and judgments in the statute’s history: $6.8 billion....more

Holland & Knight LLP

Alleged Economic Injury Satisfies Article III Standing in Baby-Food Class Action Case

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We previously reported on a district court's dismissal of a class action lawsuit against a baby food manufacturer in which plaintiffs alleged that the baby food contained harmful levels of heavy metals. ("Economic Harm Claims...more

Katten Muchin Rosenman LLP

“Dear Ofcom, your case is legally void and will make excellent hamster bedding”*

In a courthouse in Washington D.C., a landmark transatlantic legal battle is unfolding that could reshape how nations regulate online content across borders and determine the future of the UK’s Online Safety Act. Two US-based...more

Beveridge & Diamond PC

New Jersey EJ Rules Withstand Judicial Review

The New Jersey Department of Environmental Protection’s (NJDEP) implementing regulations for the state’s landmark 2020 environmental justice law (EJ Law) have withstood appellate court scrutiny. In response to two...more

Tonkon Torp LLP

Extended Producer Responsibility Laws: Winter 2026 Update

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Update on Constitutional Challenge to Oregon’s Packaging Law The Federal Court for the District of Oregon will hear arguments on Friday, February 6, 2026 from plaintiffs National Association of Wholesaler-Distributors (NAW)...more

Ropes & Gray LLP

Finally, a constitutional reckoning for the Texas anti-boycott statute

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Texas adopted SB 13, its energy company “anti-boycott” statute, nearly five years ago, in 2021. This legislation was one of the earliest concrete shots across on the bow in the then-burgeoning anti-ESG movement....more

Bradley Arant Boult Cummings LLP

I Can See Clearly Now the Rain Is Gone: As Major Legislative Deadline Passes, New Laws Governing Mississippi Cannabis and...

As the frozen precipitation is continuing to thaw across the upper part of Mississippi, the Mississippi legislature continues to forge ahead in this year’s legislative session....more

Bradley Arant Boult Cummings LLP

DEI Under Strict Scrutiny in Texas: Employer Risks and Compliance After State AG Advisory Opinion

On January 19, 2026, Texas Attorney General Ken Paxton issued a blistering 74-page advisory opinion asserting the unconstitutionality of many common diversity, equity, and inclusion (DEI) initiatives in both the public and...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects First Amendment Claims From Teacher Who Declined to Use Students' Preferred Pronouns

Unlike private sector workers, government employees enjoy certain constitutional protections while at work, including free speech rights under the First Amendment. The extent of those rights has been the subject of countless...more

Parker Poe Adams & Bernstein LLP

Full Fifth Circuit To Review Constitutional Challenge to Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act was a bipartisan measure passed by Congress in 2023 as part of a broader consolidated appropriations bill. The House of Representatives adopted the legislation despite the fact that less than...more

Blake, Cassels & Graydon LLP

Federal Court of Appeal Upholds Order Designating Plastics as Toxic Substances

On January 30, 2026, the Federal Court of Appeal (Court of Appeal) released its unanimous decision in Canada (Attorney General) v. Responsible Plastic Use Coalition, overturning the Federal Court’s November 2023 ruling (2023...more

Arnall Golden Gregory LLP

DEI Programs Face New Antitrust and Discrimination Scrutiny From Federal Agencies

Key Takeaways - Federal agencies are increasing their enforcement attention on DEI programs. Recent messaging by the FTC and EEOC reflects focus on whether DEI initiatives result in differential treatment based on any...more

Blank Rome LLP

Ninth Circuit Clarifies Class Member Standing in Healy v. Milliman

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The Ninth Circuit’s decision in Healy v. Milliman, Inc., No. 24-3327, --- F.4th ----, 2026 WL 71863 (9th Cir. Jan. 9, 2026), carries significant implications for class action defense and litigation strategy across the Ninth...more

Skadden, Arps, Slate, Meagher & Flom LLP

State Compounding Legislation: Federal Preemption, State Limits and Patient Impact

Legislative sessions are underway in most states, and some have introduced novel legislation to regulate compounded medications, including those specific to weight loss....more

Bradley Arant Boult Cummings LLP

Supreme Court Holds That Restitution Is a Criminal Penalty; Decision Portends New Constitutional Arguments

On January 20, 2026, in Ellingburg v. United States, 607 U.S. ____ (2026), the Supreme Court considered whether the Ex Post Facto Clause applies to the Mandatory Victim Restitution Act (MVRA), the statutory basis for most...more

McDermott Will & Schulte

This Week in 340B: January 6 – 12, 2026

Find the week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary...more

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