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Controversy Erupts Over Removal of Climate Science Material From Reference Manual for Judges 

Consider writing about:

The Federal Judicial Center’s reported withdrawal of material regarding climate science from the new edition of the Reference Manual on Scientific Evidence; what to know about the reference manual’s use, and how material is vetted and chosen for inclusion in the manual (and by whom); why the climate change material was withdrawn; whether the inclusion of other material in the manual has been challenged and, as a result, become a trigger for controversy; the Federal Judicial Center’s history and role; what the withdrawal of material on a specific body of information (in this instance, climate science) could mean for judges’ performance of their duties and potentially for the outcome of cases.

Compare and Contrast: Michigan and N.Y. Rulings on AI and Attorney-Client Privilege 

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What a Michigan federal magistrate judge’s ruling in Warner v. Gilbarco, Inc. may mean for the discoverability of materials produced through the use of AI tools; how the Gilbarco judge’s findings on this point compare to a New York federal judge’s ruling in United States v. Heppner; differences between the two cases’ details that helped shape the contrasting conclusions regarding discoverability; additional takeaways for legal practitioners and their clients regarding best practices in the current AI era.

Who’s on First? What’s on Second? 

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The Trump administration’s on-off-on-again pursuit of law firms; what to make of the Justice Department’s flip-flop this week involving executive orders targeting law firms; what this week’s DOJ reversal may indicate regarding overall operational efficiency and communication under the current DOJ; how law firms can best manage risk amid an arguably chaotic atmosphere created by the second Trump administration.

Related information:

https://www.cbsnews.com/news/justice-department-reverses-course-trump-law-firms-executive-orders

How Proposed DHS Rule Would Affect Asylum Seekers and Employers 

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A proposed rule announced by the U.S. Department of Homeland Security on Feb. 20; what the proposed rule could mean for asylum seekers, the work authorization process, work permits, hiring, retention, and staffing, and other workforce- and immigration-related matters; how dramatic a change this proposed rule could turn out to be for the immigration system, employer operations, and the economy; potential for legal challenges to the DHS proposed rule.

Related information:

https://www.uscis.gov/newsroom/news-releases/dhs-proposes-rule-to-prioritize-americans-safety-by-strengthening-screening-of-asylum-seekers

Are Claims of National Origin Bias on the Rise? 

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Trends involving allegations of national origin bias; whether employers in the Trump 2.0 era are facing an increase in litigation or enforcement actions alleging bias in favor of foreign workers over American citizens; any significant jury verdicts, rulings, lawsuits, or other related actions to know about; how employers should be managing their hiring, promotions, and other workplace practices with an eye to heading off potential claims of national origin bias.

Related information:

https://news.bloomberglaw.com/litigation/bmw-worker-awarded-5-1-million-for-bias-based-on-us-citizenship

https://www.reuters.com/legal/government/tesla-must-face-lawsuit-alleging-anti-american-bias-hiring-us-judge-rules-2026-02-24

Immigration-Related Issues to Keep in Mind During a Merger or Acquisition [Ongoing] 

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How immigration-related matters can become an issue during the M&A process; how a merger or acquisition can impact individuals’ work status or visa concerns; immigration-related red flags to watch for when contemplating the undertaking of a merger or acquisition; related liability risks; due diligence obligations and recommended compliance and systems integration processes; or, alternatively or additionally, how to minimize immigration-related fallout after the M&A process has been completed; any real-life cautionary tales that can help illustrate these points.

What to Know About Recent NLRB, DOL Actions Involving Joint Employers and Independent Contractors 

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Recent, separate moves by the National Labor Relations Board and the U.S. Department of Labor involving joint employers and independent contractors; what these new developments may mean for enforcement actions, employers’ potential liability, the employer-employee relationship, and workers’ status, rights, and protections.

Related information:

https://www.dol.gov/newsroom/releases/whd/whd20260226

Kaiser Pursues Insurers Over D&O Liability Coverage 

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Kaiser Permanente’s lawsuit against nine insurers over the resolution of a False Claims Act case involving Medicare Advantage claims; background of, and key points in, that case; what to know about Kaiser’s D&O liability insurance tower, and how insurance towers work; basis for Kaiser’s lawsuit against its insurers; practical guidance for other insureds regarding D&O policies and the structuring of their insurance coverage.

How Insurance Treats Ransomware Attacks: What Policyholders Should Know 

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The continuing problem of ransomware attacks, and related insurance issues; under what circumstances losses stemming from ransomware attacks may (or may not) be covered by insurance; types of insurance policies most likely to cover ransomware attacks; noteworthy ransomware attacks that may help illustrate the pros and cons of different forms of insurance against these types of incidents; related litigation, rulings, or settlements; what policyholders who want to minimize the damage from a potential ransomware attack should be looking for when assessing insurance policies, and questions they should be asking of insurance companies; how the insurance industry is responding to ransomware attacks, how would-be policyholders’ coverage options may be changing, and how policyholders’ obligations or best practices may be evolving, partly as a result of insurance industry pressures and expectations.

When Are Individual Coverage Health Reimbursement Arrangements a Sensible Option? 

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Individual coverage health reimbursement arrangements; how this form of health insurance coverage works; how popular ICHRAs are and how their rollout and adoption have performed over the years; how ICHRAs compare to other forms of health insurance coverage in terms of eligibility, administration, benefits, costs, etc.; whom ICHRAs are best suited for; potential pitfalls or other issues that employers or employees should consider before participating in this type of arrangement.

Who Is Casey Means and What Does She Stand For? 

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Casey Means, President Trump’s choice for surgeon general; what to know about her current role, her professional and personal background, her credentials (or lack thereof), how she stacks up against prior surgeons general, controversies involving Means, who her allies or critics are, prospects for her confirmation, what to watch for from Means if she is confirmed, and perhaps a comparison between Means and other health-related appointees under the first or second Trump administration.

Related information:

https://thehill.com/policy/healthcare/5756339-trump-ex-surgeon-general-jerome-adams-casey-means-senate

https://www.nbcnews.com/health/health-news/casey-means-surgeon-general-rfk-social-media-persona-rcna260867

The Doctrine of Foreign Equivalents: What to Understand 

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The doctrine of foreign equivalents; what it consists of; how companies can get tripped up by this doctrine; any interesting cases that may offer practical takeaways on how to prevail in a dispute over foreign equivalents (or how to head one off).

Pa. Jury Slaps Comcast With $240M Infringement Verdict 

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A recent $240 million jury verdict against Comcast over voice recognition technology; what to know about Promptu Systems’ lawsuit against Comcast; related trends involving the evolution of voice recognition technology, and any noteworthy IP disputes involving other companies’ voice recognition work.

Parodies, IP Rights, and Risks 

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Parodies and intellectual property law; how parodies are protected under the law; when a parody risks crossing a legal line into infringement; any significant cases that illustrate these points; practical guidance on protecting one’s IP rights when a parody is involved.

What New SBA Lending Rules Mean for Small Business Owners 

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New restrictions by the Small Business Administration on eligibility for loans made under the agency’s 7(a) program; the program’s history, main focus, and whom it has typically benefited; whom the new limitations apply to; when the new rules take effect, and whether they apply retroactively; potential penalties for non-compliance; how the new rules stand to affect existing or envisioned small businesses; potential grounds for lawsuits over the new SBA rules.

Related information:

https://www.cbsnews.com/news/sba-loan-rule-change-permanent-residents

Credit One Reaches $10M Settlement Over Debt Collection Practices 

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A $10.2 million settlement that Credit One Bank will pay to resolve California district attorneys’ lawsuit over the bank’s debt collection practices; debt collection activities that caught the DAs’ attention; what constitutes questionable or illegal debt collection practices; enforcement trends on this front; what businesses or individuals faced with debt collection pressures should know about their rights and protections under the law and potential avenues for mitigating debt collection efforts or for reducing debt or for reaching an agreement with lenders.

Related information:

https://rivcoda.org/credit_one_bank_california_settlement

What’s Happening With CFPB’s Clean Energy Financing Rule? 

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Legal wrangling over the Consumer Financial Protection Bureau’s Residential Property Assessed Clean Energy Financing rule; how PACE financing works, whom it’s intended for, and eligibility criteria; reasons for an industry group’s challenge to the CFPB rule; where the rule stands now; what else interested property owners should know about this form of financing, the CFPB rule, its pros and cons for various situations, potential financing alternatives aimed at encouraging energy efficiency; and perhaps a cautionary note regarding scam attempts by fraudsters who try to portray themselves as legitimate PACE entities, and how individuals or businesses can protect themselves against these types of scams.

Offer ‘Versus’ Option to Purchase: Know the Difference 

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The differences between an option to purchase and an offer to purchase; key rights, obligations, risks, relative advantages or disadvantages, and other distinctions between the two actions; any noteworthy real estate disputes over options or offers to purchase, and what can be learned from those.

After the Storm: Property Owner Duties and Liability Risks 

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Property owner obligations following heavy snowstorms; what property owners need to keep in mind regarding maintenance of sidewalks or other areas around their properties; what areas, types of access, and individual rights are typically covered by local ordinances in these situations; potential penalties for non-compliance; added liability risks involving slip-and-fall dangers during icy conditions.

Fossil Fuel Companies Face Antitrust Claims 

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An antitrust lawsuit filed by Michigan’s attorney general against major fossil fuel companies and an industry trade group; key points from AG Dana Nessel’s claims; whether Michigan’s action marks an unusual strategy, or whether it’s part of a trend in lawsuits against the fossil fuel industry; primary challenges the Michigan suit or other antitrust lawsuits of this type are likely to face.

Related information:

https://www.freep.com/story/money/business/michigan/2026/01/23/michigan-attorney-general-dana-nessel-lawsuit-conspiracy-oil-companies/88298387007

Energy Company Fined $100M for Clean Air Act Violations 

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A $100 million fine levied against Detroit-based energy company DTE and its subsidiaries; basis for a monetary penalty of this magnitude; what to know about the Clean Air Act’s New Source Review program; what the DTE case illustrates regarding compliance obligations and potential liability risks under the Clean Air Act; related enforcement trends involving permitting processes and the Clean Air Act.

Related information:

https://www.cbsnews.com/detroit/news/dte-energy-to-pay-100-million-clean-air-act-violation

Pesticide-Related Liability Issues and Related Developments 

Consider writing about:

That latest developments of note involving pesticides. Among the possible topics to choose from (or to tie together in one article): a proposed multibillion-dollar settlement by Bayer over the weed killer Roundup; a recent Executive Order on glyphosate production, the rationale for the order, and what it means for glyphosate manufacturers; whether the Defense Production Act provides a legally sound basis for the Executive Order, or whether it provides an opening for lawsuits; political blowback over the Executive Order, and what it could mean for the MAHA (Make America Healthy Again) movement or the wider MAGA coalition and its support of the Trump administration; other federal or state actions regarding pesticide safety, including campaigns to shield pesticide manufacturers from liability; whether there are any meaningful efforts being made to reformulate pesticides, in the face of potential liability risks involving glyphosate. Also, how are pesticides classified and regulated, whether in the United States or in other countries, and how has regulators’ approach to pesticides evolved in recent years?

Related information:

https://apnews.com/article/bayer-monsanto-roundup-lawsuits-settlement-154ad7c6bdff3a91b06c4e327321160b

https://www.usatoday.com/story/news/politics/2026/02/19/trump-executive-order-glyphosate-herbicides-roundup/88766972007

https://apnews.com/article/maha-glyphosate-rfk-kennedy-trump-pesticides-3d23d4771dba743a976543ca6cfa69d9

Jury Sides With Pharmaceutical Company in Bellwether Trial Over IUD Defects 

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A recent Georgia jury verdict in favor of Teva Pharmaceuticals in the first U.S. jury trial over the company’s Paragard IUD; product defect allegations at issue in this case; the verdict’s potential implications for other IUD-related lawsuits against Teva; trends involving the manufacturing of IUDs, their history, and product liability claims against medical device makers over IUDs’ performance or alleged health risks.

Related information:

https://www.reuters.com/legal/litigation/teva-prevails-first-us-jury-trial-over-paragard-iud-injury-claims-2026-02-04

Texas AG Alleges Shein’s Clothing Made With Unsafe Materials 

Consider writing about:

A lawsuit filed by Texas’ attorney general against fast-fashion company Shein; basis for AG Ken Paxton’s allegations that the retailer’s clothes contain toxic materials; whether other states’ attorneys general are making similar accusations against Shein or other fast-fashion companies or clothing companies with ties to China; how seriously to take the Texas lawsuit (do Paxton’s claims hold water, or is his lawsuit more about political messaging and/or anti-China sentiment?); whether other companies should be taking a hard look at their supply chains in the wake of the Texas lawsuit.

Related information:

https://www.kxxv.com/news/texas-news/texas-attorney-general-launches-investigation-into-shein-over-labor-practices-product-safety

Tariff-Related FAQs: What Businesses Need to Know Now 

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Answers to the top questions you have been getting from clients in the wake of the U..S Supreme Court’s tariff ruling and President Trump’s subsequent actions involving new tariffs. What are the main concerns (or potential misunderstandings) that clients are voicing at this point, or that you foresee as likely to arise on their end? What are the most pressing matters that clients need to understand, especially as regards prospects for tariff-related refunds and any processes for securing them; the legal authority for new tariffs and potential legal challenges to those; and companies’ evolving compliance obligations and risks? Also: What deadlines should companies be aware of amid continued wrangling over President Trump’s tariffs and their consequences?

Related information:

https://www.cnbc.com/2026/02/23/fedex-trump-trade-tariffs-refunds-supreme-court-lawsuit.html

https://www.cnbc.com/2026/02/23/congress-democrats-trump-tariffs.html

IRS, Treasury Release Interim Guidance on Depreciation Allowance 

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Guidance released last week by the Internal Revenue Service and the U.S. Department of the Treasury regarding a depreciation allowance for “qualified production property;” what this type of property consists of; other key criteria for qualifying for this deduction; timeline for proposed regulations pertaining to this deduction.

Related information:

https://www.irs.gov/newsroom/treasury-irs-issue-guidance-on-special-depreciation-allowance-for-qualified-production-property-announce-upcoming-proposed-regulations-under-the-one-big-beautiful-bill

Tenn. Legislators Envision Homicide Charges for Women Who Have Abortions 

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Tennessee legislation that would set a death penalty for women who have abortions; under what circumstances such a sentence might arise; exceptions to the penalties described in the Tennessee measure; how novel this proposed amendment may be (whether strictly for Tennessee, or nationally or internationally); whether other jurisdictions are considering similar laws; current status of the Tennessee measure, and prospects for its passage; potential grounds for challenging such legislation; how legal disputes over abortion restrictions are unfolding nationally.

Related information:

https://www.tennessean.com/story/news/politics/2026/02/20/tennessee-bill-death-penalty-women-abortion/88777975007

Tax-Related Scams to Watch Out For 

Consider writing about:

Your choice of familiar or newer tax-related scams, especially those that start popping up more frequently as we approach tax filing deadlines. Take your pick of scams targeting individual taxpayers or businesses in general, or tax professionals in particular. What should taxpayers or their tax advisers be on the lookout for this season, and how might tax-related scams be evolving with increased accessibility to AI systems and other tech tools? What guidance is the Internal Revenue Service or law enforcement offering on these threats, and what additional guidance would you add (whether in terms of precautions or ways to mitigate damage after the fact)?

Tackling the Formerly Taboo: Sex in Care Facilities [Ongoing] 

Consider writing about:

Sexual contact in assisted-care facilities; how perspectives on this topic (whether on the part of the care facilities themselves or family members or others) may be evolving; issues pertaining to consent, privacy, and security; need to distinguish between consensual vs. non-consensual contact; complications involving dementia or other mental impairments; related guardian rights and obligations; any noteworthy lawsuits involving these issues; information that caregivers should seek on this topic before choosing a care facility.

Data Privacy Lessons From Record-Setting CCPA Settlement 

Consider writing about:

A $2.75 million settlement that California’s attorney general announced on Feb. 11 with the Walt Disney Co.; company practices that led to this record-setting settlement under the California Consumer Privacy Act; practical takeaways for other companies regarding the CCPA, consumer opt-out rights, and business obligations to ensure compliance with those rights.

Related information:

https://oag.ca.gov/news/press-releases/california-wont-let-it-go-attorney-general-bonta-announces-275-million

https://oag.ca.gov/system/files/attachments/press-docs/CA_SUP_LAX_26STCV04425__Final_Judgment_and_Permanent_Injunction.pdf