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Public Policy
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March 31, 2026
FTC Backs Florida's Move To Kill ABA's Accreditation Monopoly
The Federal Trade Commission said Tuesday that it supports the Florida Supreme Court's recent decision to end the American Bar Association's longstanding accreditation monopoly, agreeing with the finding that it is "not in Floridians' best interest for the ABA to be the sole gatekeeper" in deciding who sits for the bar exam.
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March 31, 2026
Lobbyist Blocked Rivera After Tying Him To $50M Oil Deal
Republican lobbyist Brian Ballard was "exceptionally angry" and blocked former Florida Congressman David Rivera's number after Rivera insinuated Ballard was tied to a $50 million consulting agreement Rivera signed with the U.S. affiliate of Venezuela's state-owned company, Ballard testified Tuesday in federal court.
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March 31, 2026
DOL's Push To Curb 401(k) Suits Could Face Court Challenges
The U.S. Department of Labor's recent proposal to give retirement plan fiduciaries legal cover to select a broader range of investments aims to reduce ERISA litigation, but attorneys on both sides of the bar say they expect the rule to face legal challenges if finalized as proposed.
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March 31, 2026
'God Squad' Exempts Gulf Drillers From Species Protections
A federal committee with the power to waive Endangered Species Act protections convened for the first time in 34 years on Tuesday and granted an exemption for oil and gas activities in the Gulf of Mexico.
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March 31, 2026
Trump Order Cutting Off Funds For NPR, PBS Blocked
A D.C. federal judge ruled that President Donald Trump's executive order stripping all federal funding from the Public Broadcasting Service and National Public Radio was unconstitutional Tuesday, writing that the order met all three elements of retaliation for protected speech.
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March 31, 2026
FCC Floats Adding Yet More Foreign Gear To 'Covered List'
The Federal Communications Commission wants to block the importation of telecommunications gear that was put on its so-called covered list — a list of equipment the agency has deemed poses national security risks — before it had passed rules banning the authorization of such equipment.
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March 31, 2026
Bias Challenge To Juror Strike Wasn't Waived, Justices Told
A Black man on Mississippi's death row told the U.S. Supreme Court on Tuesday that state courts failed to properly address his objections to the prosecution's peremptory juror strikes at his 2006 trial, which he said were racially motivated.
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March 31, 2026
Senate Dems Probe Musk's Alleged Role In CTA Retreat
Three Democratic senators have asked U.S. Treasury Secretary Scott Bessent to provide information on Elon Musk's possible involvement in the rollback of the Corporate Transparency Act, saying the department's moves allow entities tied to the billionaire to operate in obscurity.
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March 31, 2026
9th Circ. Won't Rethink Apple App Store Injunction
The Ninth Circuit on Monday refused Apple's bid to reconsider part of a panel decision in Epic Games Inc.'s favor that largely affirmed an injunction blocking Apple from charging developers "prohibitive" commissions on iPhone app purchases made outside its payment systems, declining to clarify what fees Apple can charge.
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March 31, 2026
Judge Vacates DHS' Termination of Noncitizens' Parole Status
A Massachusetts federal judge ruled Tuesday that the Trump administration has broad authority to mass terminate parole, but failed to justify canceling parole for hundreds of thousands of noncitizens who used a government app to be admitted to the U.S.
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March 31, 2026
Nonprofit Says Colo. County Jail Censors Incoming Mail
Weld County, Colorado, officials have mail policies that unconstitutionally prevent a nonprofit from sending educational and outreach materials to people incarcerated at the county's jail, the nonprofit alleged Tuesday in Colorado federal court.
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March 31, 2026
7th Circ. Scolds Ex-Judge For Citing Fake Cases In Brief
A Seventh Circuit panel admonished an attorney and former chief federal immigration judge for submitting a brief citing two nonexistent cases and a false quotation, saying while such errors can be "tell-tale signs" of AI hallucinations, her denial she used AI is "plausible" and the court won't consider further sanctions.
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March 31, 2026
Blumenthal Presses DHS Chief To Scrap ICE Warrant Memo
Sen. Richard Blumenthal, D-Conn., a top Democrat on the Senate Homeland Security and Government Affairs Committee, is looking for assurances from the newly installed secretary of the U.S. Department of Homeland Security, Markwayne Mullin, that he will honor his apparent pledge to rescind a policy that allows immigration agents to enter private property without a judicial warrant.
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March 31, 2026
Cruz, Dems Rip FCC's Staff-Level OK Of $6.2B Nexstar Deal
Sen. Ted Cruz, R-Texas, joined Senate Democrats to attack the Federal Communications Commission's decision to approve the planned $6.2 billion tie-up of broadcast chains Nexstar and Tegna at the staff level without a vote by the regulatory body.
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March 31, 2026
Mich. Judge OKs Bias Training For Healthcare Workers
A Michigan judge has upheld a state requirement that healthcare professionals undergo implicit bias training to obtain or renew their licenses, finding the mandate was within the state licensing bureau's power.
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March 31, 2026
Protest Targets Noem-Approved $641M Border Barrier Deal
U.S. Customs and Border Protection violated federal contracting law when it awarded a $641 million contract to construct waterborne barriers in the Rio Grande Valley without conducting a competitive bidding process, a joint venture told the U.S. Government Accountability Office on Monday.
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March 31, 2026
DC Circ. Clears Maritime Commission's Refusal-To-Deal Rule
A D.C. Circuit panel sided Tuesday with the Federal Maritime Commission as it defended a regulation governing how it will consider whether an ocean shipping company unreasonably refused to deal with would-be shippers, rejecting a trade group challenge and concluding the agency rightly baked rate analysis into its considerations.
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March 31, 2026
Transpo Tracker: Congestion Pricing Survives, EV Rule At Risk
In our inaugural Law360 Transportation Tracker, a New York district court walloped the Trump administration's effort to cancel Manhattan's congestion pricing, the federal government continued its assault on California's vehicle emissions regulations, and Boeing investors scored class certification in 737 Max-related securities fraud litigation.
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March 31, 2026
Feds Ask 1st Circ. To Nix 'Slapdash' 3rd Country Notice Order
A Massachusetts federal judge overstepped his authority in ordering the U.S. Department of Homeland Security to provide deportees being sent to so-called "third" countries where they have no prior ties an opportunity to challenge their destinations, the Trump administration told the First Circuit.
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March 31, 2026
Next-Gen TV Switch Must Happen Soon, Lawmakers Say
More than 90 lawmakers called on the Federal Communications Commission to advance next-generation TV by setting a timeline for the switch to the latest broadcast standard.
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March 31, 2026
Squires Ends TikTok IP Challenges For Not Listing Foreign Ties
U.S. Patent and Trademark Office Director John Squires has terminated Patent Trial and Appeal Board challenges to seven Cellspin Soft patents that TikTok has argued were invalid, saying TikTok didn't list all the interested parties in the case, particularly those outside the U.S.
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March 31, 2026
Public Health Groups Challenge EPA's Mercury Limits Repeal
The American Academy of Pediatrics and more than a dozen environmental and public health groups are calling on the D.C. Circuit to vacate the U.S. Environmental Protection Agency's repeal of Biden-era limits on mercury and air toxins, saying the move will jeopardize children's health across the country.
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March 31, 2026
Judge Further Delays Trump Admin's College Data Demand
A Massachusetts federal judge on Tuesday again pushed off a deadline for public colleges in 17 states to provide seven years of detailed admissions data to the U.S. Department of Education, as two organizations representing private schools seek to join a legal challenge to the new survey.
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March 31, 2026
11th Circ. Won't Revisit Order Keeping Migrant Facility Open
The Eleventh Circuit on Tuesday denied a request from environmental nonprofits to allow a lower court's order halting operations of a Florida immigrant detention facility, saying in a split decision that new issues were improperly raised for the first time.
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March 31, 2026
US Bipartisan Bill Will Extend Key Tribal Housing Program
U.S. lawmakers have proposed bipartisan legislation that will update and extend the key law for tribal housing support through 2032, arguing that for too long Indigenous communities have gone without the resources they need to build and maintain affordable housing.
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.