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Kilpatrick

South Carolina’s New Age-Appropriate Code Design Act Signed into Law with Immediate Effect

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South Carolina’s Age-Appropriate Code Design Act (the “Act”) was signed into law with immediate effect on February 5, 2026, with no time for covered online services to develop the mechanisms to ensure compliance with the Act....more

Bradley Arant Boult Cummings LLP

What Importers Need to Know as the Supreme Court Decides the Fate of IEEPA Tariffs

The U.S. Supreme Court is currently considering consolidated cases that will determine whether President Trump has authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs....more

Orrick, Herrington & Sutcliffe LLP

Texas and Florida AGs Target DEI Programs

On January 19, 2026, Texas Attorney General Ken Paxton and Florida Attorney General James Uthmeier issued separate legal opinions declaring several state laws, regulations, and agency programs that consider characteristics...more

McDermott Will & Schulte

Blackbeard’s revenge: State sovereign immunity ends long running copyright battle

The US Court of Appeals for the Fourth Circuit reversed a 2021 district court ruling and vacated a subsequent 2024 ruling in a decade-long legal battle over copyright infringement claims related to the pirate Blackbeard’s...more

Saul Ewing LLP

Oregon EPR Law Enjoined – Preliminary Injunction Issued Prohibiting Enforcement of Oregon's Plastic Pollution and Recycling...

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Oregon's packaging Extended Producer Responsibility (EPR) law is being actively complied with by thousands of manufacturers, importers, distributors, and retailers from around the country. Those substantial compliance efforts...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida and Texas AGs Issue Sweeping Anti-DEI Opinions on MLK Day

On January 19, 2026, the federal holiday celebrating Martin Luther King Jr., Florida Attorney General James Uthmeier and Texas Attorney General Ken Paxton issued coordinated opinions declaring that diversity, equity, and...more

Venable LLP

Figuring Out the Fourth Amendment: Supreme Court to Settle Constitutionality of Geofence Warrants

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Last year, we wrote about a constitutional challenge bubbling up in the Fourth Circuit relating to "geofence warrants," which require production of location data showing whether a cell phone was near the scene of a crime at...more

Holland & Knight LLP

Podcast - Pung v. Isabella County: U.S. Supreme Court Revisits Takings, Excessive Fines in Property Tax Forfeitures

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The U.S. Supreme Court is set to revisit constitutional questions surrounding property tax forfeitures in Pung v. Isabella County, the latest state and local tax (SALT) case on its docket. In this episode of "Real Estate Law...more

Troutman Pepper Locke

Court Enjoins Oregon’s Extended Producer Responsibility Law for Some Companies, but Others Face Continued Compliance Obligations

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On February 6, 2026, an Oregon district court issued a decision barring the Oregon Department of Environmental Quality (DEQ) from enforcing the nation’s first extended producer responsibility (EPR) law for packaging, food...more

Otten Johnson Robinson Neff + Ragonetti PC

Over Thirty Years After Its Passage, Governments Are Still Adjusting to the Effects of Colorado’s Taxpayer Bill of Rights

Over Thirty Years after its Passage, Governments are Still Adjusting to the Effects of Colorado’s Taxpayer Bill of Rights... Less than a month into the second regular session of the 75th General Assembly, discussion of...more

Franczek P.C.

Federal Judge Rules Cook County Tax Sale System Unconstitutional

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Late last year a federal judge ruled that the tax sale system used by Cook County is unconstitutional, violating both the Fifth Amendment and Eighth Amendment. Cook County conducts an annual sale for properties with...more

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

Littler on

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

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