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Public Policy
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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its right to use the psychedelic beverage ayahuasca in religious ceremonies, a divided Ninth Circuit panel said in an unpublished opinion Friday.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.
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March 20, 2026
5th Circ. Won't Rehear FDIC Enforcement Challenge
The Fifth Circuit said Friday that it won't revisit a constitutional challenge to the Federal Deposit Insurance Corp.'s use of in-house enforcement proceedings, turning down a petition that had drawn support from the U.S. Chamber of Commerce and civil liberties groups.
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March 20, 2026
Insurer Can't Cancel Motor Carriers' Auto Policy
A Texas federal court blocked an insurer's effort to prematurely cancel an auto liability policy for a federally authorized group of motor carriers, agreeing with the companies that such an action would cause irreparable damage by interfering with their reputation and business operations.
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March 20, 2026
Colorado Fights DOE Order To Keep Coal Plant Running
Colorado is the latest state to challenge U.S. Secretary of Energy Chris Wright's use of his emergency authority to keep fossil fuel power plants open, asking the D.C. Circuit to overturn his order to keep running a coal-fired plant.
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March 20, 2026
Bondi Keeps Ousted Wisconsin US Atty With New Title
U.S. Attorney General Pam Bondi swapped Brad D. Schimel's title from interim U.S. attorney to first assistant U.S. attorney for the Eastern District of Wisconsin in order to keep him in charge of the office after his tenure expired earlier this week.
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March 20, 2026
NC High Court Keeps County Waste-Fee Classes Intact
A group of North Carolina property owners can proceed in their waste fee lawsuit as three certified classes, as the North Carolina Supreme Court found Friday that a "key issue" — the identity of class members who hired private waste collection services — could be determined.
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March 20, 2026
The Quest For A 'Sound Basic Education' In North Carolina
Robb Leandro was the original named plaintiff in one of the longest-running lawsuits in Tar Heel State history, centered on the state's constitutional obligation to provide children with a "sound basic education." Over three decades, a series of eponymous North Carolina Supreme Court opinions have steered the state toward what could be a multibillion-dollar remedy to improve public education. He's now waiting alongside millions of residents for the state's justices to release what could be a far-reaching opinion, more than two years after hearing oral argument.
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March 20, 2026
Ill. Court Revives Defamation Claim In Union Campaign Suit
An Illinois appeals court has partially revived a lawsuit alleging that a candidate for a secretary treasurer position at a Chicago Fire Fighters Union local made defamatory Facebook comments about his campaign opponent, ruling that several of the comments support the suit's defamation claim.
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March 20, 2026
Judge Won't Reopen DIRTT Suit After Sending It To Canada
A Utah federal judge has declined to reinstate a trade secrets dispute between two Canadian construction companies, saying the suing company has not explained how a no-longer-pending summary judgment motion in Canadian court has any bearing on a U.S. court case.
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March 20, 2026
Builders Can Proceed As Class In Fee Suit, NC Justices Say
Homebuilders challenging the City of Raleigh's capital facilities fee ordinances can proceed within a certified class action after North Carolina's highest court ruled Friday that state statute requires unlawful fees be returned to the payor regardless of who ultimately shouldered the cost.
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March 20, 2026
OCC Leaves Itself Flexibility On Stablecoin Yield Question
The Office of the Comptroller of the Currency made clear in its recent stablecoin rule proposal that it plans to bar issuers from paying yields to holders in some instances, but legal experts say the regulator appears to be leaving itself considerable room to decide which arrangements cross a line.
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March 20, 2026
9th Circ. Revives Wash. Man's Challenge To Gun Laws
A man with a protective order against him who is challenging state and federal gun bans for those in his situation will have his case reconsidered, a Ninth Circuit panel said Friday, finding that a lower court improperly dismissed his case.
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March 20, 2026
Up Next At High Court: Late Ballots And 'Last-Mile' Drivers
The U.S. Supreme Court will kick off its March oral arguments session by reviewing disputes over the validity of state laws allowing late-arriving mail-in ballots to be counted in federal elections and whether "last-mile" delivery drivers qualify for the transportation worker exemption to the Federal Arbitration Act.
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March 20, 2026
11th Circ. Lets Lethal Injection Continue Despite Pain Claims
The Eleventh Circuit has ruled that the state of Georgia can proceed with the lethal injection of a man who claims that the execution method would cause him extreme pain because his veins cannot support intravenous access, making it cruel and unusual punishment.
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March 20, 2026
DOT Diversity Program Overhaul Moots Contractors' Challenge
A Kentucky federal judge has determined that a constitutional challenge to the U.S. Department of Transportation's more than 40-year-old Disadvantaged Business Enterprise Program for women- and minority-owned businesses is now moot since the Trump administration overhauled the program last year.
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March 20, 2026
Albertsons Subpoenas Ex-Kroger CEO In Merger Fight
Albertsons Cos. Inc. has subpoenaed former Kroger Co. CEO Rodney McMullen in Delaware Chancery Court to sit for a two-day deposition next month, intensifying discovery in its Delaware lawsuit over the collapse of the companies' proposed $24.6 billion merger.
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March 20, 2026
'Rules The Roost': Judge Fries Feds' Calif. Egg Law Suit
A California federal judge fried the Trump administration's suit against the Golden State that sought to eliminate animal welfare laws allegedly contributing to a rise in egg prices, saying the government "put all its eggs in the sovereign-injury theory" that scrambles its case because it lacks standing.
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March 20, 2026
DC Circ. Urged To Maintain Block On IRS-ICE Data Sharing
The D.C. Circuit should keep in place a block on the IRS' policy of sharing data with immigration authorities because the policy is unlawful and a lower court properly weighed the matter, a coalition of nonprofits and labor unions said.
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March 20, 2026
NY Appellate Court Tosses Challenge To Pot Legalization
New York's intermediate appellate court has upheld the dismissal of a challenge to the state law that legalized adult-use cannabis, saying that legalization was not preempted by federal drug policy.
Expert Analysis
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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.
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State Of Insurance: Q4 Notes From Illinois
In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.
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How 3 CFTC Letters Overhauled Digital Asset Guidance
The U.S. Commodity Futures Trading Commission recently issued three letters providing guidance for the use of digital assets in derivatives markets, clarifying the applicability of CFTC regulations across numerous areas of digital asset activities and leading to the development of standards to allow market participants to post digital assets as collateral, say attorneys at Morgan Lewis.
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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.
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Ruling Helps Clarify FERC's Post-Jarkesy Enforcement Power
A North Carolina federal court's recent ruling in American Efficient v. Federal Energy Regulatory Commission may be a step in providing clarity on FERC's enforcement authority under the Federal Power Act in the wake of the U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy, say attorneys at Sidley.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.
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Aerospace And Defense Law: Trends To Follow In 2026
Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.
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Aviation Watch: Busy Skies, Tough Market For Airlines In 2026
After a turbulent year in the U.S. commercial aviation sector, demand for air travel and premium service shows no signs of slackening in 2026, with airlines facing the need to compete in a saturated market, while seeking opportunities for consolidation and pursuing other avenues to profitability, says Alan Hoffman, a retired attorney and aviation expert.
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Viewing The Merger Landscape Through An HPE-Juniper Lens
If considerations beyond antitrust law were taken into account to determine whether Section 7 of the Clayton Act was violated in the Hewlett Packard Enterprise-Juniper Networks deal, then legal practitioners advocating deal clearance may now have to argue that deals should be justified by considerations not set forth in the merger guidelines, says Matthew Cantor of Shinder Cantor.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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3 Key Ohio Financial Services Developments From 2025
Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.
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Patent Eligibility Faces Widening Gap Between USPTO, Courts
The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.
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Keys To Effective Mental Health Mitigation In Sentencing
Instead of framing a defendant's mental health diagnoses as generalized grounds for leniency during sentencing, defense counsel should present them as objective clinical data that directly informs the risk assessment and rehabilitative questions judges are statutorily required to consider, say Joseph De Gregorio at JN Advisor and Richard Levitt at Levitt & Kaizer.
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Key Policy Moves Are Powering Nuclear Growth
The past year has seen a shift toward strong federal support for new nuclear power generation, and both recent and anticipated policy developments are likely to encourage progress toward that goal — but making sure that this momentum continues may be the hard part, say attorneys at Balch & Bingham.
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Rescheduling Cannabis Marks New Tax Era For Operators
As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.