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Public Policy
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March 19, 2026
Courts Must Hold Anti-SLAPP Dismissal Hearings, Panel Rules
A district court must hold a hearing when considering a special motion to dismiss under Colorado's anti-SLAPP law, the Colorado Court of Appeals held Thursday for the first time in sending a defamation lawsuit between parents back to the lower court.
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March 19, 2026
Ex-Judges Say Anthropic Case Doesn't Merit Court Deference
Nearly 150 former judges are backing Anthropic's fight against its designation as a "supply chain risk" by the U.S. Department of Defense, telling the D.C. Circuit in an amicus brief that the judiciary shouldn't simply defer to the executive just because it invokes national security.
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March 19, 2026
FTC Head Touts Consumer Protection's 'Relative Simplicity'
Federal Trade Commission Chairman Andrew Ferguson on Thursday promised to keep increasing the agency's focus on consumer protection, asserting in Washington, D.C., remarks that while antitrust enforcement remains a priority, consumer protection cases can come with faster and more meaningful relief for Americans.
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March 19, 2026
DOJ Antitrust Head Tells Staff: Don't Worry About Criticism
The acting head of the U.S. Department of Justice Antitrust Division said Thursday that he pays no heed to criticism of the agency and tells staff to do the same, while asserting in Washington, D.C., remarks that there's no better time to come work for the DOJ.
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March 19, 2026
SEC Sued Over Proxy Exclusion Policy Change
The U.S. Securities and Exchange Commission violated the Administrative Procedure Act by implementing "a new, de facto rubber-stamp process" for companies to exclude shareholder proposals from their annual proxy ballots, according to a Thursday suit filed by major shareholder groups.
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March 19, 2026
States Join Push To Revive EPA Climate Danger Finding
A coalition of state and local governments on Thursday became the latest group to ask that the D.C. Circuit overrule the U.S. Environmental Protection Agency's rescission last month of its long-held position on the danger greenhouse gases pose to public health.
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March 19, 2026
MLB Deals With Polymarket, CFTC For Sports Market 'Integrity'
Major League Baseball said Thursday that it has struck an exclusive licensing deal with Polymarket to bolster the brand and promote the "integrity" of the baseball-focused prediction markets on the platform, and separately reached a first-of-its-kind information-sharing agreement with the U.S. Commodity Futures Trading Commission.
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March 19, 2026
Fed. Circ. Rejects Last Challenge To Squires' Discretion
The Federal Circuit on Thursday shot down Volkswagen's mandamus petition claiming that the U.S. Patent and Trademark Office director shouldn't have "unfettered discretion" to deny Patent Trial and Appeal Board challenges, closing the last of 14 related appeals.
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March 19, 2026
NYC, State Take On Latest Challenge To Rent Regulations
New York and New York City separately urged a federal court this week to dismiss landlords' latest attempt to challenge 2019 changes to the state's rent stabilization laws, alleging the landlords' takings claims aren't ripe because they haven't made use of a hardship exemption yet.
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March 19, 2026
Colo. Appeals Court Clarifies, Limits Insurer Defense Rule
An insurer is not required to provide a defense for an insured on claims "arguably" covered by the policy in the context of title insurance, the Colorado Court of Appeals held Thursday for the first time in ruling for an insurer in an insurance coverage dispute.
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March 19, 2026
USPTO Requires US-Registered Attys For Foreign Patent Apps
The U.S. Patent and Trademark Office on Thursday finalized a rule requiring that foreign patent applicants and owners be represented by attorneys registered with the agency, saying other intellectual property offices have such a policy and arguing that the measure will help combat fraud.
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March 19, 2026
Senate Panel To Vote On Satellite Security Bills Next Week
U.S. senators next week will consider sending to the floor two bills designed to beef up satellite security, one of which had already gained bipartisan backing in the U.S. House of Representatives during the last Congress.
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March 19, 2026
9th Circ. Upholds Gun Ban For Domestic Violence Offenders
Three men who were found to have used violence against their female partners in separate incidents were correctly convicted under a federal law prohibiting domestic abusers from possessing guns, the Ninth Circuit said, agreeing with other circuits that such restrictions were legal.
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March 19, 2026
NHTSA Heightens Tesla Full Self-Driving Probe
The National Highway Traffic Safety Administration on Thursday said that it was focusing its investigation into Tesla's advanced driver-assistance system on its ability to spot degrading road conditions after receiving more reports of crashes potentially linked to the technology.
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March 19, 2026
Judge Says ICE Must Face Suit Over Detainee Records
A D.C. federal judge denied U.S. Immigration and Customs Enforcement's push to escape a suit alleging it's unlawfully using a regulation to shield records about detained immigrants held in Michigan jails, rejecting its arguments that the Freedom of Information Act could provide relief.
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March 19, 2026
7th Circ. Dissenters: Due Process Row Deserved Rehearing
A trio of judges on the Seventh Circuit accused the full appeals court of cementing a circuit split with its sister courts by refusing to rehear a case about whether incarcerated people moved into disciplinary housing are entitled to formal due process hearings.
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March 19, 2026
Squires Concludes That Foreign Gov'ts Can't File AIA Petitions
U.S. Patent and Trademark Office Director John Squires said foreign governments cannot file patent challenges under the America Invents Act, providing the reasoning for his February rejection of a Chinese company's proceeding against an LG touch screen patent.
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March 19, 2026
DC Gov't Urged To Reshape SALT Cap Workaround Plan
A Washington, D.C., bill that would give pass-through entities a workaround to the federal cap on deductions for state and local taxes needs changes to integrate properly with existing district taxes, witnesses said at a D.C. Council hearing Thursday.
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March 19, 2026
Legislative Update: Cannabis And Psychedelics Bill Roundup
Virginia lawmakers last week gave final approval to legislation that would tax and regulate the sale of adult-use cannabis, Georgia legislators passed a dramatic expansion of the state's medical cannabis program, and Iowa lawmakers approved a bill to designate kratom as a Schedule I substance. Here are the major moves in cannabis and psychedelics legislation from the past week.
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March 19, 2026
FERC Chair Aims To Ease Energy Squeeze From War On Iran
The U.S.-Israel war on Iran that is roiling global energy markets underscores the need for the Federal Energy Regulatory Commission to approve gas infrastructure projects more quickly so that energy prices can be kept in check, FERC Chair Laura Swett said Thursday.
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March 19, 2026
Justice Kagan Denies Apache Bid To Block Ariz. Land Transfer
U.S. Supreme Court Justice Elena Kagan on Thursday declined to block a federal government land transfer in Arizona after four Apache women looked to stop the exchange on behalf of their daughters, arguing that the area contains a site used for a coming of age ceremony that will be destroyed.
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March 19, 2026
Protect 911 In Tech Transition, Public Interest Group Says
A public interest group has urged the Federal Communications Commission to add more protections for 911 service to an upcoming rule paving the way for all-internet-based phone networks, though it still says the underlying rule is unwarranted.
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March 19, 2026
Still No Shenanigans: Fed. Circ. Keeps Review Bar High
The Federal Circuit's rejection of all mandamus petitions asking it to rein in the way U.S. Patent and Trademark Office leadership is evaluating patent challenges cements the appeals court's near-impossible standard for reviewing institution decisions, attorneys say.
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March 19, 2026
Feds' Bid To Wipe Calif. Clean Car Regs Spells More Upheaval
The Trump administration's assault on California's more than decade-old clean car regulations deliberately upends the U.S. auto industry's transition toward alternative-powered vehicles, spelling even more regulatory uncertainty as the antagonistic political climate and long legal battles persist, experts say.
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March 19, 2026
Calif. Families Sue Rady Health Over Move To End Trans Care
Four families have asked a state judge to prevent California's largest pediatric health system from cutting off gender-affirming care for minors, alleging the move would violate state antidiscrimination laws and leave them scrambling to find new providers, some more than 100 miles away.
Expert Analysis
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Bipartisan Enforcement Is Rising In Consumer Finance
Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.
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How Attorneys Can Navigate Shifts In Financing Landscape
Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.
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A Primer On Law Enforcement Self-Defense Doctrine
In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.
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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.