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Latham & Watkins LLP

Texas Judge Strikes Down Anti-ESG Boycott Law

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The striking down of Texas’ law could set up broader constitutionality assessment for pro- and anti-ESG laws nationwide....more

Phelps Dunbar

Fifth Circuit Backs Trump Administration's Expansion of Immigration Detention Without Bond

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On Feb. 6, a divided panel of the United States Court of Appeals for the Fifth Circuit upheld the Trump Administration’s policy to detain a large class of individuals targeted for deportation without the opportunity for bond,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Allen v. Cooper (4th Cir. 2026)

Dickens’s Bleak House has long stood as an exemplar for the perils of interminable litigation where no one benefits (except, perhaps, the lawyers; see Jarndyce v. Jarndyce). In a case already somewhat notorious for its...more

Blake, Cassels & Graydon LLP

La Cour d’appel fédérale confirme le décret désignant les articles manufacturés en plastique comme substances toxiques

Le 30 janvier 2026, la Cour d’appel fédérale (la « Cour d’appel ») a rendu une décision unanime dans l’affaire Canada (Procureur général) c. Coalition pour une utilisation responsable du plastique, rejetant la demande de...more

WilmerHale

False Claims Act Year in Review

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Fiscal year (FY) 2025 was a groundbreaking year for the False Claims Act (FCA) in several respects.  Recoveries under the statute reached an all-time high of nearly $7 billion, more than double those in each of the prior...more

Ballard Spahr LLP

Oregon Plastic Packaging Recycling Law on Partial Hold Following Federal Court Ruling

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In a first-of-its-kind ruling on Oregon’s Plastic Pollution and Recycling Modernization Act (RMA or the Act), U.S. District Court Judge Michael Simon on February 6 ordered the Oregon Department of Environmental Quality (DEQ)...more

Proskauer - Law and the Workplace

Fourth Circuit Allows DEI-Related Executive Orders to Proceed

On February 6, 2026, in National Association of Diversity Officers in Higher Education v. Trump, the U.S. Court of Appeals for the Fourth Circuit vacated a nationwide preliminary injunction that had temporarily blocked key...more

Nossaman LLP

Governmental Approval of a Private Development Cannot Trigger a Takings Claim

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When the government approves a private development that diminishes neighboring property values, can a property owner maintain a takings claim?  According to a recent California court decision, the answer is no – governmental...more

Troutman Pepper Locke

Circuit Split Emerges on State Marijuana Residency Rules, With Ninth Circuit Finding Dormant Commerce Clause Inapplicable

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In January, the U.S. Court of Appeals for the Ninth Circuit ruled 3-0 that the Dormant Commerce Clause does not prohibit states from imposing residency requirements for obtaining marijuana business licenses. The court found...more

Foley & Lardner LLP

Federal Court Enjoins Oregon's Extended Producer Responsibility Law—a Bellwether Moment for All Seven EPR States

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On February 6, a federal judge in Oregon quietly issued a two‑page order that might have initially appeared to be a mundane procedural ruling, but it wasn’t. That order enjoined Oregon’s sweeping Extended Producer...more

Constangy, Brooks, Smith & Prophete, LLP

Court lifts nationwide injunction on Trump’s DEI orders

Government gets a rare win relating to DEI executive orders. A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has ruled that two of President Trump’s executive orders targeting Diversity, Equity...more

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?

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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

Holland & Knight LLP

Age Limits on Bodybuilding, Weight-Loss Supplements Survive First Amendment Challenge

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When the New York Legislature decided to prohibit the sale of bodybuilding and weight-loss supplements to minors, it directed the state health department to promulgate a list of covered ingredients. The governor vetoed the...more

ArentFox Schiff

Federal Court Strikes Down Texas Anti-ESG Investment Law

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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

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