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Public Policy
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March 19, 2026
NJ Judicial Privacy Law Suits Survive Venue Challenge
Seven out of eight data collection companies that claimed Garden State federal courts lack jurisdiction over them in suits alleging they violated the state's judicial privacy law purposefully availed themselves of the market in New Jersey, a federal judge ruled.
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March 19, 2026
Civil Rights Groups Back Creek Freedmen's Citizenship Battle
Civil rights groups are looking to back two members of the Muscogee Creek Freedmen Band in their bid to postpone a May 30 special tribal election until they're approved for citizenship, arguing that the delay in processing their applications is legally indefensible and risks invalidating the results of the election itself.
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March 19, 2026
Insurance Execs Ask 11th Circ. To Review Coverage Suit Toss
Insurance executives accused of sabotaging their former company as they prepared to start a rival firm will ask the Eleventh Circuit to review a lower court ruling that Berkley Assurance Co. did not have to pay for their defense in now-dismissed litigation filed by their ex-employer.
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March 19, 2026
Live Nation CEO Says He Can't Recall 'Market Power' Remark
Live Nation's longtime CEO sparred Thursday with states that say the $36 billion entertainment giant engages in monopolization, telling a Manhattan federal jury the business is a "better mousetrap" than rivals and saying he couldn't recall telling investors the company has "incredible market power."
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March 19, 2026
Dem. Rep. Raskin Questions USPTO's 'Board Of Peace' Filings
The ranking Democrat on the U.S. House Judiciary Committee is demanding answers from the U.S. Patent and Trademark Office over its trademark applications for President Donald Trump's "Board of Peace," questioning their legality and warning that they may help conceal foreign funding connected to the newly formed entity.
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March 19, 2026
Judge Tosses Bias Suit Over Boston School Admissions
Three elite public schools in Boston dodged a challenge to their competitive admissions process Thursday, with a federal judge saying white students' theory of discrimination has been rejected by the courts before.
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March 19, 2026
EU Official Says Tax Simplification Requires Trade-Offs
A top tax official in the European Union's executive body said Thursday that EU countries must be prepared to make some trade-offs, for instance on information exchange and information technology investment, if they want to achieve tax simplification.
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March 19, 2026
Commerce Investigating Chinese, Indian Graphite Electrodes
The U.S. Department of Commerce on Thursday said it will open probes into imported Chinese and Indian electrodes used for smelting to determine whether those goods have been subsidized or sold at less than fair value, joining an ongoing U.S. International Trade Commission investigation.
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March 19, 2026
Nomination For New DOJ Fraud Chief Heads To Senate Floor
The nomination of Colin McDonald for the new position of assistant attorney general for fraud was sent to the full Senate on Thursday, after the Judiciary Committee voted 12-10 along party lines to advance his nomination.
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March 19, 2026
Feds' Capital Rule Overhaul Would Give Break To Banks
Federal regulators moved Thursday to launch a comprehensive overhaul of U.S. bank capital rules, rolling out a long-awaited package of proposed changes that are expected to shave billions off the aggregate amount of capital required for banks of all size ranges.
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March 19, 2026
Mullin's Nomination To Be DHS Secretary Goes To Full Senate
Sen. Markwayne Mullin's nomination to be secretary of the U.S. Department of Homeland Security was sent to the full Senate on Thursday.
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March 18, 2026
Senator Unveils Draft AI Bill Intended To Wipe Out State Regs
Sen. Marsha Blackburn, R-Tenn., on Wednesday released a draft of proposed legislation that would override a "patchwork" of state artificial intelligence regulations, touting the proposal as protecting "children, creators, conservatives and communities" and slamming the state regulations as hindering "AI innovation."
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March 18, 2026
Meta Smart Glasses Pose Mass Surveillance Risk, Sens. Warn
Three U.S. senators Wednesday warned in a letter to Meta that the tech giant's plans to integrate facial recognition technology into its smart glasses risk "normalizing mass surveillance" at a time the federal government is using similar tech to "intimidate protesters and chill speech."
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March 18, 2026
Immigrants' Suit Over Courthouse Arrests Proceeds, For Now
A D.C. federal judge largely allowed a lawsuit challenging the Trump administration's practice of fast-tracking deportations and arresting immigrants at immigration courthouses to proceed, tossing only individual immigrants' claims objecting to alleged government policies allowing oral motions to dismiss removal proceedings.
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March 18, 2026
Southwest Board Beats Suit In First Texas Corporate Law Test
A Texas federal judge on Tuesday dismissed a derivative suit claiming that Southwest Airlines Co.'s board of directors breached their fiduciary duties by abandoning the airline's famous "Bags Fly Free" policy, ending a significant challenge to the state's new corporate reform law.
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March 18, 2026
13 State AGs Urge EPA To Walk Back 'Compliance First' Memo
Attorneys general for New York, Massachusetts, Washington and 10 other states have called on the U.S. Environmental Protection Agency to rescind a December memo unveiling a "compliance first" approach to enforcement, arguing the strategy sidelines staff expertise and creates "bureaucratic bottlenecks" that will ultimately enable polluters.
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March 18, 2026
EPA Pushes For Win In Solar Grant Fight
The U.S. Environmental Protection Agency told a Washington federal judge it reasonably terminated billions of dollars in grants for solar energy projects after Congress passed the 2025 federal budget bill, so a coalition of states can't challenge its decision.
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March 18, 2026
With Warrants, Good Faith Worth More Than Legality: DC Circ.
It doesn't matter if the warrant that a D.C. magistrate judge issued to pinpoint the location of a man who was later convicted on drug trafficking and firearms charges was legal because law enforcement thought that it was, the D.C. Circuit has ruled.
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March 18, 2026
Capital One Beats Consumer Suit Over Discover Deal, Again
Capital One has persuaded a California federal judge once again to squash a suit brought by credit card users who say that the company's $35 billion purchase of Discover is bad news for them and ought to be unwound, but the court is giving the consumers one last chance.
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March 18, 2026
Lawmakers Commit To April Crypto Bill Markup, Or Else
Sen. Cynthia Lummis, R-Wyo., told attendees of a Wasington, D.C., crypto conference Wednesday that she's confident the Senate Banking Committee will mark up a bill to regulate crypto markets after the Easter break now that compromises on key issues including stablecoin yield are in the final stages.
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March 18, 2026
Differing Forms Make Judge Wary Of Axing Asylum Rule Suit
A D.C. federal judge raised doubts Wednesday about the Trump administration's reliance on a form to dismiss an Afghan citizen's challenge to Biden-era asylum restrictions, saying another form showing the policy reason for his removal might present a factual conflict.
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March 18, 2026
LA Driver Used $2M COVID Loan For Crypto, DOJ Says
A Los Angeles man who allegedly took $2 million from federal COVID-19-related relief programs and used the money to fund cryptocurrency trading now faces money laundering, wire fraud and bank fraud charges, according to a Department of Justice announcement issued Wednesday.
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March 18, 2026
Squires' Latest Order Grants 9 Patent Reviews, Spurns 6
A new bulk order from the U.S. Patent and Trademark Office director on America Invents Act patent challenges denied six petitions and granted nine others, bringing the total number of institution decisions he's made since October past 400.
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March 18, 2026
Ed. Dept. Flouting Mental Health Funding Order, States Claim
The U.S. Department of Education is flouting orders that it fund K-12 mental health grants given to public schools by only partially funding the grants and threatening to withhold remaining funds, a group of state attorneys general told a Washington federal court.
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March 18, 2026
10th Circ. Questions Police Immunity In Colo. Taser Death
A Tenth Circuit panel Wednesday probed attorneys representing a group of Colorado Springs, Colorado, police officers and the estate of a man the officers killed during an attempted arrest about whether the officers' actions left them without qualified immunity on several claims.
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.