Federal
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January 12, 2026
Justices Won't Look At Michigan's Foreclosure Sale Rule
The U.S. Supreme Court declined Monday to review three cases that ask whether Michigan's process to claim surplus proceeds after a tax foreclosure sale violates the takings and due process clauses.
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January 12, 2026
Solar Co. Blames Broker's Error For $6M Tariff Bill
A renewable energy company wants its customs broker and agent held responsible for over $6 million in antidumping and countervailing duties it had to pay on imported solar panels due to the broker's alleged failure to properly record them.
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January 12, 2026
Gov't Defends IRS, SSA Handing Taxpayer Data To ICE
The Trump administration has asked a Massachusetts federal judge to dismiss a lawsuit that seeks to block the Internal Revenue Service and the Social Security Administration from sharing taxpayer addresses with immigration enforcement officials, saying the data sharing pacts are legal.
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January 12, 2026
Justices Won't Review Truck Co.'s $268M Tax Break Denial
The U.S. Supreme Court declined Monday to review a Sixth Circuit decision finding that a Tennessee truck company seeking $268 million in excise tax exemptions might not qualify because the company's refurbished tractors may have been previously sold to tax-exempt buyers.
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January 12, 2026
Justices Nix Petition On Legal Malpractice Arbitration
The U.S. Supreme Court declined Monday to review a petition that sought clarity on whether a court or arbitrator decides the issue of class arbitrability when the parties incorporate certain arbitral rules, in a long, winding legal malpractice dispute involving Louisiana medical companies.
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January 12, 2026
Justices Won't Review Ore. Tax On Delta's Intangibles
The U.S. Supreme Court said Monday that it won't review Oregon's taxation of Delta Air Lines' intangible property, refusing to hear the company's appeal of an Oregon Supreme Court decision.
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January 09, 2026
7th Circ. Upholds Ex-Atty's Conviction In Burke Bribery Case
The Seventh Circuit on Friday kept in place the conviction and 32-month prison sentence of a Chicago real estate developer and former attorney for offering legal work to ex-Alderman Edward Burke as a bribe for help with a zoning permit, finding the government presented sufficient evidence to support a guilty verdict and arguments to the contrary were "unavailing."
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January 09, 2026
Attys, Broker Ask 4th Circ. To Overturn Tax Fraud Convictions
Two St. Louis tax attorneys and a North Carolina insurance broker have asked the Fourth Circuit to unravel their convictions for participating in a $22 million tax scheme, arguing the government failed to prove at trial that the tax plan they used was actually illegal.
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January 09, 2026
Vanguard Investors Win Final OK For $25M Tax Suit Deal
A Pennsylvania federal judge finalized a $25 million settlement to end a class action accusing Vanguard of triggering an asset sell-off that saddled investors with capital gains taxes, handing the investors' attorneys more than $8 million in fees.
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January 09, 2026
US Disputes Right To Trial Before IRS Assesses FBAR Fines
A California man wasn't entitled to a jury trial prior to the IRS assessing penalties for his failure to report foreign bank accounts because the U.S. Supreme Court decision he cited limiting administrative courts for securities fraud doesn't apply, the government told a California federal court.
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January 09, 2026
Taxation With Representation: King & Spalding, Torys, Milbank
In this week's Taxation With Representation, power generation company Vistra Corp. acquires Cogentrix Energy from Quantum Capital Group, real estate firm Minto Group partners with Crestpoint Real Estate Investments to take Minto's apartment-focused real estate investment trust private, and engineering services provider Jacobs acquires a remaining stake in PA Consulting.
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January 09, 2026
Weekly Internal Revenue Bulletin
The Internal Revenue Service's weekly bulletin, released Friday, included final regulations for determining whether income of foreign governments derived within the U.S. is taxable.
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January 08, 2026
House Sends ACA Credit Expansion Extension To Senate
The House of Representatives on Thursday approved legislation to reinstate the Affordable Care Act's expired enhanced premium tax credit for three more years, with 17 Republicans voting with Democrats to send the proposal to the Senate.
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January 08, 2026
OECD, Gov't Officials Praise 'Side-By-Side' Tax Deal
Officials from Germany, the U.S. and the OECD on Thursday hailed a recently finalized agreement among roughly 150 countries as a balanced solution to the U.S.' desire for a global minimum tax regime that operates "side by side" with its own rules.
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January 08, 2026
Courts Back Agencies Despite Loper Bright Ruling, DOJ Says
Appellate courts have mostly upheld federal agencies' interpretation of ambiguous statutes, including tax disputes, even after the U.S. Supreme Court's 2024 landmark decision that limited agency deference, a U.S. Department of Justice attorney said Thursday.
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January 08, 2026
Former IRS Official Criticizes CEO's Tax Prosecution
A former IRS deputy commissioner criticized the U.S. Department of Justice for indicting a former software executive who was ultimately convicted of failing to pay employment taxes, calling the choice "entirely unwarranted" in a letter filed in North Carolina federal court.
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January 08, 2026
US Asks 6th Circ. To Revive Reg In $89M FedEx Tax Suit
The Sixth Circuit should vacate a judgment that allowed FedEx an $89 million refund by discarding a regulation preventing companies from claiming foreign tax credits on earnings offset by losses, which aren't taxed in the U.S., the government said in an opening brief.
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January 08, 2026
4 Executive Pay Trends Attorneys Will Be Watching In 2026
A potentially sweeping overhaul simplifying the U.S. Securities and Exchange Commission's disclosure regime for public company executive compensation will be top of mind for executive pay practitioners as they look for new developments in the coming year. Here's a look at this and three other areas they'll be keeping an eye on.
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January 08, 2026
Audits Get Final Word On Economic Substance, IRS Atty Says
IRS attorneys provide legal guidance during audits on whether a transaction lacks economic substance, but examiners make the ultimate determination, an agency associate chief counsel said Thursday while explaining how the agency applies a powerful anti-abuse tool in audits.
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January 08, 2026
IRS Floats Changes To Third-Party Settlement Payments
The Internal Revenue Service floated changes Thursday to withholding rules for organizations such as PayPal and Venmo that make payments to settle third-party network transactions, saying the move would align regulations with an increase to the threshold for tax reporting.
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January 07, 2026
US Official Gives Rationale For OECD Global Mobility Changes
Recent changes to the commentary on when a home office gives rise to a permanent establishment in the OECD model tax treaty reflect delegates' unhappiness with previous language on the availability of an office, a U.S. Treasury Department official said Wednesday.
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January 07, 2026
House's ACA Credit Expansion Edges Toward Vote
The House of Representatives voted Wednesday to begin debate on legislation that would reinstate the expired Affordable Care Act's enhanced premium tax credit for three more years.
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January 07, 2026
Treasury Eyes Final Easements Settlements, Official Says
The U.S. Department of the Treasury plans to issue a summary of the IRS' successes in conservation easement cases as it works on a final settlement initiative for hundreds of remaining disputes, a department official said at a tax conference Wednesday.
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January 07, 2026
IRS Backdated Docs In Easement Penalty Fight, Tax Court Told
The Internal Revenue Service improperly backdated documents to impose steep civil fraud penalties over a claimed $48 million deduction for a Louisiana conservation easement donation and bypass the statute of limitations, a partnership alleged in the U.S. Tax Court.
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January 07, 2026
Reckless Conduct Can Be Willful FBAR Failure, 2nd Circ. Says
The standard for willful failure to report foreign bank accounts includes reckless conduct, and a 6% late payment penalty is mandatory for a couple who neglected fines for stashing millions in an undisclosed Swiss account, the Second Circuit said Wednesday, upholding a lower court's judgment.
Expert Analysis
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A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Nonprofits Face Uncertainty Over Political Activity Rules
Two federal court decisions suggesting that the Internal Revenue Service's rules for 501(c)(4) organizations' political activity may be too vague to survive constitutional scrutiny leave nonprofit organizations caught between constitutional limits on government regulation of speech and tax limits on their exempt status, say attorneys at BakerHostetler.
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Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Tariffs And Trade Volatility Drove 2025 Bankruptcy Wave
The Trump administration's tariff regime has reshaped the commercial restructuring landscape this year, with an increased number of bankruptcy filings showing how tariffs are influencing first‑day narratives, debtor-in-possession terms and case strategies, say attorneys at Thompson Hine.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.
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The Law Firm Merger Diaries: Getting The Message Across
Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.
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Horizontal Stare Decisis Should Not Be Casually Discarded
Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.
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10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.
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A Close Look At The Evolving Interval Fund Space
Interval funds — closed-end registered investment companies that make periodic repurchase offers — have recently moved to the center of the conversation about retail access to private markets, spurred along by President Donald Trump's August executive order incorporating alternative assets into 401(k) plans and target date strategies, say attorneys at Simpson Thacher.
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The Law Firm Merger Diaries: How To Build On Cultural Fit
Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.
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Rare Tariff Authority May Boost US Battery Manufacturing
Finalizing preliminary tariffs on active anode material from China — the result of a rare exercise of statutory authority finding that foreign dumping hampered the development of a nascent U.S. industry — should help domestic battery manufacturing, but potential price increases could discourage related clean-energy use, say attorneys at MoloLamken.
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Considerations When Invoking The Common-Interest Privilege
To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.
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The Law Firm Merger Diaries: Making The Case To Combine
When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.