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Public Policy
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March 23, 2026
Anthropic Says DOD Security Risk Label Is Unconstitutional
Anthropic PBC has doubled down on its push for an order blocking the Trump administration from labeling it a supply chain risk to national security, telling a California federal court the executive branch was punishing "a major company for the sin of expressing its views on a matter of profound public significance."
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March 23, 2026
Ex-Fla. Rep Paid To Secretly Lobby For Maduro, Jurors Told
A prosecutor told a Florida federal jury Monday that former congressman David Rivera and a political consultant conspired to secretly lobby for deposed Venezuelan President Nicolás Maduro in violation of the law, saying they were paid to help influence U.S. official policy toward the South American country without approval.
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March 23, 2026
Civil Rights Attys Sanctioned After Admitting AI Errors
A Utah federal judge sanctioned two solo practitioners Monday who represent a disabled teenager's parents in their civil rights lawsuit against a school district for filing a brief with two artificial intelligence-generated errors, ordering them to complete ethics training but declining additional fee sanctions, because they "sincerely" accepted their responsibility.
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March 23, 2026
DC Circ. Told It Must Put A Stop On Nexstar-Tegna Merger
The Federal Communications Commission broke the law when it waived the 39% ownership cap that limits broadcasters to a certain share of the national market in order to approve Nexstar's $6.2 billion acquisition of Tegna, according to two new appeals.
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March 23, 2026
High Court Won't Review Mortgage Firm's $8M CFPB Fine
The U.S. Supreme Court declined Monday to take up a now-shuttered mortgage services firm's yearslong fight against a nearly $8 million Consumer Financial Protection Bureau judgment, rebuffing an appeal tied in part to the agency's past leadership structure.
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March 23, 2026
DOD Schools' Can't Escape Suit Over Book And Lesson Ban
The U.S. Department of Defense must face litigation seeking to restore hundreds of books and lessons on race and gender that were pulled from the DOD school system under the Trump administration after a Virginia federal judge refused to dismiss the case.
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March 23, 2026
Judge Tosses Ex-Director's Suit Against Ore. Pot Commission
Oregon's liquor and cannabis authority has defeated, for now, a wrongful termination lawsuit filed by its deputy director who was fired in the wake of a liquor scandal, with a federal judge saying the ex-employee's choice to retire doesn't prove the existence of some unwritten separation agreement.
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March 23, 2026
Calif. Sues To Stop Trump's 'Power Grab' To Restart Pipeline
California slammed as a "breathtaking power grab" the U.S. Department of Energy's order directing Sable Offshore Corp. to restart a pipeline in Southern California that was shuttered in 2015 following a massive oil spill, asserting in a lawsuit Monday that the order is a "stunning usurpation" of state authority.
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March 23, 2026
Ga. Panel Backs Fulton Co. In Fight Over GOP Board Seats
Fulton County, Georgia's commission doesn't have to seat Republican nominees to its elections board, a state appellate court ruled, reversing a trial court's order holding the commission in contempt for its refusal to comply with a mandamus order.
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March 23, 2026
Judge Unlikely To Halt Evictions In Md. Condo-County Dispute
A Maryland federal judge signaled that he likely wouldn't block Prince George's County from evicting condo owners whose buildings have been without heat since December, but also said he likely wouldn't dismiss the residents' claims that the county — by assisting a nearby homeless encampment — has created numerous problems at the complex.
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March 23, 2026
FCC Urges Justices To Reject Repeal Of Penalty Power
The Federal Communications Commission has urged the U.S. Supreme Court to keep the agency's monetary penalty powers intact, saying the agency's current practice does not deny targets of fines their right to a jury trial and is not binding until a court orders payment.
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March 23, 2026
New Wash. Laws Create NLRB Stand-In, Ban Noncompetes
Wash. Gov. Bob Ferguson signed employment bills on Monday establishing a fallback framework for the state to oversee certain private-sector labor disputes in the case that the National Labor Relations Board's jurisdiction is scaled back by the federal government and expanding the state's restrictions on noncompete provisions to an outright ban.
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March 23, 2026
11th Circ. Upholds Florida's Ban On Lab-Grown Meat
The Eleventh Circuit on Monday rejected a food technology company's bid to block Florida's ban on lab-grown chicken, ruling that the federal Poultry Products Inspection Act does not preempt the state law because the statute governs production standards and ingredients, not whether a state may ban a product outright.
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March 23, 2026
FCC Adds Foreign Routers To Nat'l Security Risk List
The Federal Communications Commission on Monday added foreign-made routers to a list of consumer electronics gear that cannot be sold on the U.S. market without specific authorization.
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March 23, 2026
FTC's Meador Says Breakups Not So 'Extreme'
Federal Trade Commission member Mark R. Meador continued Monday to vouch for corporate breakups as a remedy in antitrust conduct cases, maintaining in Washington, D.C., remarks that structural fixes are often the "cleanest" option, one that can be presented to increasingly skeptical judges as the only statutory pathway.
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March 23, 2026
Sen. Mullin Of Oklahoma Confirmed To Be DHS Secretary
The Senate voted 54-45 on Monday night to confirm Sen. Markwayne Mullin, R-Okla., to be secretary of the U.S. Department of Homeland Security, just a little over two weeks after Kristi Noem was ousted.
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March 23, 2026
NY Hotel That Housed Asylum-Seekers Hits Ch. 11
A hotel north of New York City that had agreed to provide long-term shelter for asylum-seekers, and was subsequently sued by a municipality for doing so, has filed for Chapter 11 protection, listing between $1 million and $10 million worth of assets and liabilities.
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March 23, 2026
LaGuardia Airport Runway Collision: What We Know So Far
A late Sunday runway collision between an Air Canada passenger jet and a fire truck marked the first deadly accident at LaGuardia Airport in more than three decades, federal and state officials said, raising troubling questions about air traffic control procedures at one of the busiest airports serving the New York metropolitan area.
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March 23, 2026
High Court Doubts Legality Of Late-Arriving Ballot Laws
The U.S. Supreme Court appeared skeptical Monday of Mississippi's law allowing state election officials to count mail-in ballots that arrive up to five days after Election Day, with the justices divided ideologically over whether historical practices or legislative history should control the outcome of the case.
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March 23, 2026
Tenn. Regulators To Challenge Kalshi Win At 6th Circ.
Tennessee regulators are asking the Sixth Circuit to review an order barring them from taking action against Kalshi's sports contracts, marking the latest event contract dispute to reach an appeals court.
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March 23, 2026
Conn. Settles $1M Fee Snafu With Pot Dispensary
Connecticut's consumer protection agency has agreed to halve a $1 million fee for a marijuana dispensary, reaching a settlement that ends a dispute accusing state officials of missing a number of important deadlines, triggering the fee in the first place.
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March 23, 2026
IRS Concedes To Partnership's $48M Easement Deduction
A partnership will be entitled to all of a $48.3 million tax deduction for donating a Louisiana conservation easement amid allegations that the IRS improperly backdated documents to impose civil fraud penalties and circumvent the statute of limitations, according to a decision entered Monday in the U.S. Tax Court.
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March 23, 2026
Arts Groups May Post DOGE Deposition Videos, Court Says
Scholarly groups seeking the reversal of $175 million of Trump administration cuts to grants for writers can repost online videos of depositions they took of former Department of Government Efficiency personnel, a federal judge in Manhattan ruled Monday, saying the depositions centered on "public officials acting in their official capacities."
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March 23, 2026
Bipartisan Bill Eyes Boosting Cannabis Business Investment
Members of Congress have reintroduced bipartisan legislation that would create a safe harbor for state-regulated marijuana businesses to access traditional business services without threat of federal enforcement and potentially be listed on securities exchanges.
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March 23, 2026
States Say USDA Added Illegal Strings To Food Assistance
A group of 20 states and the District of Columbia sued the U.S. Department of Agriculture on Monday over what the coalition called unlawful and coercive new conditions on funding for programs like school lunches and food assistance.
Expert Analysis
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How New Texas Law Streamlines Eviction Proceedings
A recent legislative change to the Texas Property Code overhauls the state's eviction process and makes it more difficult for nonpaying tenants to challenge evictions, likely yielding a faster and cheaper procedure that will encourage timely rent payment and lease compliance, says Maddison Craig at Munsch Hardt.
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Bank Action Items For FDIC Digital Display Rule Compliance
Recently finalized Federal Deposit Insurance Corp. rules enhance the flexibility of signage requirements for bank websites, digital banking applications and ATMs, but new compliance hurdles will require cross-functional resources to avoid risk ahead of next year's compliance deadline, say attorneys at Winthrop & Weinstine.
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Opinion
A TVPRA Safe Harbor Would Boost Antitrafficking Efforts
Adding a well-thought-out safe harbor measure to the Trafficking Victims Protection Reauthorization Act, which is currently up for amendment and reauthorization, would motivate proactive cooperation from hotels and other businesses to combat sex trafficking, say attorneys at Snell & Wilmer.
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AI-Generated Doc Ruling Guides Attys On Privilege Risks
A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.
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How To Turn EU AI Act Disclosures Into Patent Assets
As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.
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The Law Firm Merger Diaries: Leadership Strategy After Day 1
For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.
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The Challenges Of Detecting Event Contract Manipulation
While concerns about possible manipulation and insider trading in event contracts have increasingly been raised by market observers, distinguishing a speculative position from a hedge and effective surveillance make regulation difficult, particularly as the U.S. Commodity Futures Trading Commission argues for exclusive jurisdiction to do so, say economic consultants at the Brattle Group.
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How US Liability Law Is Becoming The Primary Regulator Of AI
Comprehensive federal AI regulation remains fragmented and uncertain — but U.S. courts, applying long-standing doctrines of liability and responsibility, are actively shaping how AI systems are designed, deployed and governed, and companies are aligning their AI practices because courts may hold them accountable if they do not, says Alexander Lima at Wesco International.
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How New HSR Thresholds, Fees Could Affect Enforcement
While the Federal Trade Commission's new thresholds and filing fees for the Hart-Scott-Rodino Antitrust Improvements Act are not expected to materially affect the number of required HSR filings, or the percentage or focus of second requests, increased filing fees may give agencies dedicated resources to bring enforcement actions, say attorneys at Sidley.
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Methods For Challenging State Civil Investigative Demands
Ongoing challenges to enforcement actions underscore the uphill battle businesses face in arguing that a state investigation is prohibited by federal law, but when properly deployed, these arguments present a viable strategy to resist civil investigative demands issued by state attorneys general, say attorneys at Troutman Pepper.
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Monetizing EV Charging Stations For Long-Term Success
An electric vehicle charging station's longevity hinges on monetizing operations through diverse revenue streams, contractual documentation of charge point operators' and site hosts' rights and responsibilities, and ensuring reliability and security of facilities, says Levi McAllister at Morgan Lewis.
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Calif.'s Civility Push Shows Why Professionalism Is Vital
The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
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A Potential Shift In FDA's Approach To Drug Trial Design
Recent guidance released by the U.S. Food and Drug Administration clarifying how Bayesian approaches — which combine prior knowledge with new data — may be used in clinical trials reflects the agency's continued interest in innovative trial designs that may accelerate drug approvals, say attorneys at Alston & Bird.
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US-Ukraine Reconstruction Fund Tax Exemptions Uncertain
Tax provisions in the bilateral agreement to establish the U.S.-Ukraine Reconstruction Investment Fund, which recently announced it is accepting applications, are so broad and imprecise as to leave uncertainty regarding whether and when tax exemptions will apply to investors' income, say attorneys at Avellum and Debevoise.
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Opinion
SNAP Rule Confusion Risks A Compliance Crisis
Recent Supplemental Nutrition Assistance Program food restriction waivers pose a compliance crisis for legal practitioners advising food retailers, amid higher costs and lack of a coherent national standard, says Tyson-Lord Gray at Yeshiva University’s Benjamin N. Cardozo School of Law.