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Public Policy
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March 23, 2026
NJ Judges Name US Atty In Apparent End To Leadership Fight
The New Jersey federal court on Monday appointed a career federal prosecutor to serve as U.S. attorney for the Garden State in what appears to end a lengthy standoff between district judges and the U.S. Department of Justice over leadership of the office.
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March 23, 2026
US Pushes WTO Changes Over 'Untenable' State Of Int'l Trade
The World Trade Organization is poorly addressing the "untenable and unsustainable" state of international trade, the U.S. said Monday, suggesting a slate of what it called "member-driven" changes ahead of the WTO's biennial ministerial meeting.
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March 23, 2026
US Pays TotalEnergies $1B To Abandon Offshore Wind Leases
The Trump administration said Monday that it would pay TotalEnergies nearly $1 billion to give up a pair of offshore wind leases in exchange for the French energy giant sinking the cash into U.S. oil and gas development.
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March 23, 2026
Pa. AG Tells Justices He Must Intervene In Grid Fight
Pennsylvania's attorney general urged the U.S. Supreme Court to let him intervene in Third Circuit proceedings after a panel allowed a utility's transmission line project to proceed, saying it'd "stripped" Pennsylvania of its right to regulate state land use.
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March 23, 2026
Democratic AGs Demand IEEPA Tariff Refund Legislation
A group of Democratic state attorneys general pushed congressional leaders to enact legislation that would require timely refunds of all duties levied under the now-invalidated International Emergency Economic Powers Act tariffs, including interest.
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March 23, 2026
Ind. Tax Board Cuts Vacant Building Value Due To Demo Cost
The Indiana tax board said that a vacant property purchased to be made into a medical research facility should have its assessed value reduced to account for the cost of demolition.
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March 23, 2026
Commerce Seeks Inclusion Requests For Auto Part Tariffs
The U.S. Department of Commerce announced Monday that it will accept new recommendations on goods to include under the tariff regime for auto part imports.
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March 23, 2026
Judge Clears Way For Hearing On Fulton County Ballot Raid
A Georgia federal judge will allow Fulton County to move forward with its bid to force the U.S. Department of Justice into court this week to back up the evidence behind its January raid on the county's election office, when it seized 2020 ballots.
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March 23, 2026
Sotomayor Rips Cert Denial In Texas Journalist's Arrest Suit
The U.S. Supreme Court on Monday refused to take up a citizen journalist's suit alleging Laredo, Texas, police violated her free speech rights by arresting her for asking for undisclosed details of a suicide and vehicle crash, with Justice Sonia Sotomayor's dissent of the denial calling the decision a "grave error."
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March 23, 2026
Justices Won't Hear Fight Over 2020 Election Voting Machines
The U.S. Supreme Court said Monday that it won't decide if two Pennsylvania county leaders had standing to sue Dominion Voting Systems over allegations that voting machines used during the 2020 election weren't secure.
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March 23, 2026
High Court Denies Chinook Nation's Path To Recognition
The U.S. Supreme Court on Monday declined to take up a Washington Indigenous nation's petition that could have led to federal recognition in a centuries-old struggle to regain the status after it was stripped by the George W. Bush administration.
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March 23, 2026
High Court Won't Hear Calif. Border Hospital Medicaid Fight
The U.S. Supreme Court said Monday it would not consider a case challenging California's exclusions of hospitals in neighboring states from supplemental federal payments going to providers that serve Medi-Cal beneficiaries.
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March 20, 2026
5th Circ. Wipes Out FTC's TurboTax 'Deceptive' Ad Ruling
The Fifth Circuit on Friday vacated the Federal Trade Commission's cease-and-desist order imposed on Intuit Inc. for its TurboTax advertising that regulators say duped customers into thinking they could file their tax returns for free, saying the agency's in-house decision is unconstitutional, and the dispute must go to federal court.
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March 20, 2026
Pentagon Restrictions On Press Vacated As Unconstitutional
A D.C. federal judge on Friday vacated provisions of a Pentagon policy that allows officials to take press passes away from journalists who report on matters not authorized by the government, saying the current policy was unconstitutional viewpoint discrimination, "full stop."
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March 20, 2026
Chicago Transit Authority Says Feds Can't Hold $2B 'Hostage'
The Chicago Transit Authority on Friday asked an Illinois federal court to force the federal government to release more than $2 billion in funding for extending and updating city train lines, claiming the government is trying to "hold hostage" the grants supporting "crucial infrastructure projects" for the city.
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March 20, 2026
Texas Biz Court Hears Arguments On $50M ERCOT Charge
The Texas business court on Friday considered whether a power scheduler must cover roughly $50 million in charges assessed against a commercial electricity supplier by the Electric Reliability Council of Texas after reserve capacity tied to an industrial customer was not submitted during Winter Storm Uri in 2021.
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March 20, 2026
Trans Pro Golfer Hailey Davidson Sues Golf Orgs Over Ban
Pro golfer Hailey Davidson, a trans woman, has alleged in New Jersey state court that the Ladies Professional Golf Association and the United States Golf Association unlawfully schemed to keep her out of women's competitions, claiming the associations used her medical history to craft their 2024 restriction on transgender players.
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March 20, 2026
Nexstar Won Over DC, But Faces Big Task In Local TV Markets
Broadcast behemoth Nexstar had plenty to celebrate in Washington, D.C., on Thursday with twin regulatory approvals pivotal to its plan to take over rival Tegna, but even if the deal survives legal challenges, it will face scrutiny in local TV markets.
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March 20, 2026
2nd Circ. Bars Terror Victims' Access To Afghan Bank Funds
A notably divided Second Circuit has denied terrorist attack victims another chance to argue that they shouldn't be barred from seeking recovery of $3.5 billion in "blocked" Afghanistan central bank assets in New York, leaving a panel's sovereign immunity analysis in place.
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March 20, 2026
Feds To Cover Ayahuasca Church's Legal Fees, 9th Circ. Says
The federal government is on the hook for more than $2 million in attorney fees following a settlement with a Phoenix-based church over its right to use the psychedelic beverage ayahuasca in religious ceremonies, a divided Ninth Circuit panel said in an unpublished opinion Friday.
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March 20, 2026
4 Open Questions On Tariff Refund System Development
U.S. Customs and Border Protection is developing a system to refund tariffs struck down by the U.S. Supreme Court, but it remains unclear whether it will cover the entire gamut of duties President Donald Trump imposed under the International Emergency Economic Powers Act. Here, Law360 examines four open questions surrounding the IEEPA tariff refund system being developed by Customs.
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March 20, 2026
EPA's Ethylene Oxide Plan May Hinder Other Air Toxics Regs
A new proposal from the U.S. Environmental Protection Agency to weaken emission standards for a medical sterilizer could have broader implications for the agency's power to tighten air pollution limits when new science becomes available.
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March 20, 2026
Ex-Fla. Rep Denied 11th-Hour Depo In Foreign Agent Case
A Florida federal judge Friday denied a former congressman's requests to depose a key witness and have the government turn over interview notes before the start of a trial on charges of failing to register as a Venezuelan foreign agent, saying the defense counsel can still ask questions on cross-examination.
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March 20, 2026
Conn. Panel Backs Geico Win In Towing Defamation Case
A Connecticut appeals court on Friday affirmed a win for Geico in a defamation case brought by several tow truck operators, agreeing with a lower court that the insurer's fee complaints to the state Department of Motor Vehicles were protected by litigation privilege.
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March 20, 2026
DOD Calls Anthropic's Supply Chain Risk Case Premature
The Pentagon urged the D.C. Circuit to reject Anthropic's attempt to halt the agency's designation of the artificial intelligence company as a supply chain risk to national security, arguing the designation is limited in scope, and that Anthropic's motion is premature.
Expert Analysis
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Ramped Up Psychedelic Production Carries Opportunity, Risk
Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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New Biotech Nat'l Security Controls May Have Blunted Impact
While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Takeaways From The DOJ Fraud Section's 2025 Year In Review
Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.
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New State Regs On PFAS In Products Complicate Compliance
The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.
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Bid Protest Data Contradicts Claims That System Is Inefficient
Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.
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Opinion
Congress Should Lead On AI Policy, Not The States
There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.
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Breaking Down Expense Allocation In Mixed-Use Properties
Rapid increases in condominium fees and special assessments, driven by multiple factors such as rising insurance costs and expanded safety requirements, are contributing to increased litigation, so equitable expense allocation in mixed-use properties requires adherence to the governing documents, says Mike Walden at FTI Consulting.
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Opinion
Minn. Can Still Bring State Charges In Absence Of Fed Action
After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.
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4 Lessons From FTC's Successful Bid To Block Edwards Deal
The Federal Trade Commission's recent victory in blocking Edwards Lifesciences' acquisition of JenaValve offers key insights for deals in life sciences and beyond, including considerations around nonprice dimensions and clear skies provisions, say attorneys at Orrick.
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Limiting Worker Surveillance Risks Amid AI Regulatory Shifts
With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt state-level artificial intelligence enforcement, companies may feel encouraged to expand AI monitoring, but the legal exposure associated with these tools remains, say attorneys at MoFo.
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Can OCC State Banking Law Preemption Survive The Courts?
While two December proposals from the Office of the Comptroller of the Currency seek to foreclose pending consumer litigation against national banks related to residential mortgage lending, it's unclear whether this aggressive approach will withstand judicial scrutiny under the U.S. Supreme Court's 2024 rulings in Cantero and Loper Bright, say attorneys at Davis Wright.
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How Selig May Approach CFTC Agricultural Enforcement
As the U.S. Commodity Futures Trading Commission begins a new chapter under recently confirmed Chairman Michael Selig's leadership, a look back at the agency's actions in agricultural markets over the past six years sheds light on what may lie ahead for enforcement in the area, say attorneys at Latham.
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Assessing Factors Behind Biosimilar Uptake And Competition
As biosimilar uptake remains uneven and questions linger over whether the Biologics Price Competition and Innovation Act can deliver robust competition between biologics and biosimilars, a case study of Humira and its biosimilars illustrates how many factors, including payor reimbursement and formulary strategy, collectively shape competitive dynamics, say analysts at Analysis Group.