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Public Policy
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April 09, 2026
DOL Urges 11th Circ. To Scrap ERISA Exhaustion Rule
The U.S. Department of Labor urged the full Eleventh Circuit to overturn precedent making it the only appellate court requiring workers to exhaust administrative remedies before bringing any statutory claims under the Employee Retirement Income Security Act. arguing that the standard is unfair and in conflict with ERISA.
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April 09, 2026
Feds Cast Calif. Tribe's Opioid Clinic Fight As Money Grab
The federal government says it had justification for rejecting a California tribe's request for an agreement to fund an opioid treatment center, claiming that a challenge over the denial is more about trying to monetize on advantages available to Indigenous nations and less about helping patients.
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April 09, 2026
ITC Probing Possible Harm Of 4 Countries' Chemical Imports
The U.S. International Trade Commission on Thursday said it has opened antidumping duty investigations into imports of polytetramethylene ether glycol, or PTMEG, from China, South Korea, Taiwan and Vietnam to determine whether the imports are harming U.S. industry.
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April 09, 2026
UK Drafts Carbon Border Tax Rules To Match EU System
The U.K. tax authority released draft regulations on the country's carbon border tax regime Thursday that would broadly align it with the European Union's system for taxing carbon-intensive imports.
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April 09, 2026
US Again Urges High Court To Back Drug Price Program
The administration of President Donald Trump again urged the Supreme Court not to hear a challenge to the Medicare drug price negotiation program, arguing against a constitutional challenge brought by Boehringer Ingelheim that drug companies aren't forced to accept lower prices because they can choose not to participate.
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April 08, 2026
AEG, BigLaw Atty In Hot Seat As Live Nation Trial Nears End
Live Nation on Wednesday concluded its defense case with glowing testimony about it from the manager for rap star Drake, while the Manhattan federal judge overseeing the case said rival company AEG Worldwide and a Hogan Lovells lawyer may face sanctions for revealing confidential information about a witness.
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April 08, 2026
Heat Increases On FERC To Tackle Data Centers' Grid Demand
A complaint from electric utilities demanding that the Federal Energy Regulatory Commission override how regional grid operators choose new transmission projects underscores the growing pressure on the agency for changes amid the rise of electricity-hungry data centers and artificial intelligence.
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April 08, 2026
3rd Circ. Asked To Undo Atty Fees For ICE Cooperation Suit
A former Bucks County, Pennsylvania, sheriff asked the Third Circuit on Wednesday to undo a $35,000 attorney fee award granted to groups that remanded their case over his cooperation with U.S. Immigration and Customs Enforcement, arguing the case belonged in district court because he'd effectively become a federal officer.
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April 08, 2026
Fla. Panel Told New Proposals Don't Protect Natural Springs
A nonprofit urged a Florida state appellate panel Wednesday to overturn an administrative judge's decision siding with an agency's proposed rules for protecting natural springs, arguing the permitting measures are essentially the same as existing ones and do nothing to prevent overconsumption.
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April 08, 2026
Debt Collectors Sue Calif. Over 'Excessive' Licensing Fees
California's financial services regulator has been hit with a proposed class action that seeks to recoup potentially millions of dollars for debt collectors in the state over claims the agency is unlawfully charging inflated fees to license and oversee them.
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April 08, 2026
DC Circ. Allows DOD To Ax Anthropic Contracts Amid Review
The D.C. Circuit Wednesday shot down Anthropic's request for an emergency order temporarily barring the U.S. Department of Defense from designating the artificial intelligence company as a national security risk while Anthropic's appeal plays out, although it agreed to expedite the appeal.
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April 08, 2026
NY Panel Skeptical Of TikTok Bid To Ax AG's Addiction Suit
A five-judge appellate panel Wednesday voiced doubts about TikTok's bid to dismiss the New York attorney general's claims that the social media platform is an addictive product that targets and harms children, pushing back on the company's free speech defense.
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April 08, 2026
Ed. Dept. Says It's Not Required To Fund $1B In Youth Grants
The U.S. Department of Education denied accusations by 16 U.S. states that it is flouting a court order to restore nearly $1 billion in K–12 mental health grants, arguing in a Western District of Washington filing that the order required officials to re-review the grants, not actually provide full funding.
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April 08, 2026
Alaska Says Refuge Land Swap Allows Community Access
Alaska has asked a federal judge to deny a summary judgment bid by three tribal communities and an environmental group to vacate a U.S. Department of the Interior decision that traded federally protected wilderness to allow for a road through the Izembek National Wildlife Refuge.
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April 08, 2026
Ex-US Atty Rollins Eyes Boston DA Comeback After Probes
Former Massachusetts U.S. Attorney Rachael Rollins, who stepped down amid multiple ethics investigations, pulled papers Wednesday to run for a return to her former office as Suffolk County district attorney, an elections official confirmed.
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April 08, 2026
Qualcomm Wants To Be Let Into 2 Closed-Off Spectrum Bands
Qualcomm is asking for the Federal Communications Commission's permission to start operating in two bands that are currently not open to commercial users so that it can launch its 5G sidelink service, which allows devices to connect to each other without cellular towers.
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April 08, 2026
Trump Asks NY's Top Court To Toss AG's 'Flawed' Fraud Case
President Donald Trump on Wednesday asked New York's highest court to throw out New York Attorney General Letitia James' "deeply flawed" civil fraud judgment entirely after a lower appellate court tossed what it called an "excessive" $489 million penalty against the president, his sons and his real estate companies.
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April 08, 2026
Enviro Groups Sue To Stop Fla. Project, Save Panthers
Conservation groups sued the U.S. Fish and Wildlife Service on Wednesday for signing off on a 10,000-acre residential and commercial development project in Southwest Florida that the groups say will destroy the rapidly shrinking habitat of the endangered Florida panther.
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April 08, 2026
AbbVie Says 340B Program Defines 'Patient' Too Broadly
Federally funded healthcare providers in the 340B Drug Pricing Program are using an "overly broad" interpretation of the word "patient" based on government guidelines, and it's leading to them abusing 340B discounts, AbbVie claimed in a lawsuit filed against two federal health agencies Wednesday.
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April 08, 2026
Feds Call 3-Hour Notice In Immigrant Bond Case 'Unworkable'
The U.S. Department of Justice told a Massachusetts federal judge that part of her order requiring the government to provide immigrants in detention with timely, written notice of their rights to a bond hearing and appeal is too burdensome.
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April 08, 2026
FinCEN, OFAC Propose AML Rules For Stablecoin Issuers
The U.S. Department of the Treasury's Financial Crimes Enforcement Network and Office of Foreign Assets Control issued a joint proposed rule Wednesday to implement the anti-money laundering and sanctions compliance program requirements of the federal stablecoin framework known as the Genius Act.
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April 08, 2026
States Seek Time For Talks To Settle Drug Price-Fixing Suit
The states suing generic-drug manufacturers in one of three sprawling antitrust cases want a Connecticut federal judge to pause all deadlines for three months so they can focus on settling with the remaining defendants, according to a joint filing.
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April 08, 2026
Judge Says 9th Circ. OK'd 'Annihilation' Of Sacred Lands
The Ninth Circuit on Wednesday issued an amended opinion in its ruling to allow a 2,500-acre land exchange within Arizona's Tonto National Forest, which includes a partial dissent from U.S. Circuit Judge Johnnie B. Rawlinson, who said the decision will "completely annihilate sacred Native lands."
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April 08, 2026
Trade Court Sustains Harsher Steel Duties For Japan Steel Co.
The U.S. Department of Commerce properly justified an enforcement mechanism for insufficient compliance to trigger higher antidumping duty rates against Nippon Steel Corp. on its second try, according to an opinion published Wednesday by the U.S. Court of International Trade.
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April 08, 2026
SEC Watchdog To Pay Tipsters Who Uncover Agency Waste
The U.S. Securities and Exchange Commission's Office of Inspector General has launched a cash awards program that the agency hopes will incentivize its workers to report fraud, waste and mismanagement.
Expert Analysis
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Unpacking FCC's Proposed Rules For Offshore Call Centers
The Federal Communications Commission recently proposed rules that would restrict the use of offshore customer service operations, citing consumer frustration, data security risks and fraud as core reasons for the sweeping regulatory move, say attorneys at Eversheds Sutherland.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
As usual, California remained a hub for financial services activity in the first quarter of 2026, with key developments including the California Department of Financial Protection and Innovation's eye on consumer issues, a bill targeting "pig butchering" schemes, and jam-packed courts, say attorneys at Joseph Cohen.
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Series
Ultramarathons Make Me A Better Lawyer
Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.
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Key Takeaways From The 2026 ABA Antitrust Spring Meeting
Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.
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State FARA Laws Pose Unique Constitutional Challenges
Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.
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Series
Pa. Banking Brief: All The Notable Legal Updates In Q1
The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.
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Informal Announcements Are Reshaping FDA Regulations
The U.S. Food and Drug Administration's recent shift toward using press releases, podcasts and other informal channels to announce major policy changes reflects a valid desire to modernize and accelerate regulatory efforts, but it could lead to diminished transparency, increased industry burden and reduced policy durability, says Rachel Turow at Skadden.
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Motorola Case Shows Reach Of NLRA Dishonesty Protections
A recent National Labor Relations Board case, involving a Motorola employee who was terminated for lying about discussing wages, illustrates the broad reach of National Labor Relations Act protections for concerted activity, which may take on new significance as the agency shifts toward more restrained enforcement, say attorneys at BakerHostetler.
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In First For DOJ, Action Signals New CFIUS Enforcement Era
The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.
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Berk May Spur More Pushback Against Med Mal Gatekeeping
The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.
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Getting The Most Out Of Learning And Development Programs
Excerpt from Practical Guidance
Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.
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OhioHealth Suit Signals Higher Antitrust Heat On Hospitals
The recent antitrust lawsuit against OhioHealth by the U.S. Justice Department and Ohio attorney general shows that federal and state enforcers are closely examining the competition issues in the healthcare sector, including restrictive contracts and antisteering practices, say attorneys at Freshfields.
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OCC Rule Tests Nonfiduciary Powers Of Trust Banks
The Office of the Comptroller of the Currency's updates to its final rule on national bank chartering, effective April 1, may augur a showdown between the OCC, states and traditional banking institutions over both the authority of national trust banks to engage in nonfiduciary activities under the National Bank Act, and the scope of federal preemption, says Audrey Carroll at Stinson.
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Proposed Oracle Act Tests NY's Prediction Markets Clout
New York's proposed Oracle Act could if passed force a high-stakes showdown over event contracts in the prediction markets as well as state gambling laws, and legal practitioners should closely monitor litigation, parallel developments in other states, Commodity Futures Trading Commission rulemaking and congressional action, says Linda Goldstein at CM Law.
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How A High Court Music Piracy Ruling Shrinks ISP Liability
The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.