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Expert Analysis
Justices' Ruling Stresses Quick Action Against Absconders
Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.
Key Takeaways From The 2026 ABA Antitrust Spring Meeting
Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.
In First For DOJ, Action Signals New CFIUS Enforcement Era
The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.
Proposed Oracle Act Tests NY's Prediction Markets Clout
New York's proposed Oracle Act could if passed force a high-stakes showdown over event contracts in the prediction markets as well as state gambling laws, and legal practitioners should closely monitor litigation, parallel developments in other states, Commodity Futures Trading Commission rulemaking and congressional action, says Linda Goldstein at CM Law.
8 Tariff Refund Questions For Restructuring Professionals
For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.
What's Missing From Latest Gov't Claims Against Harvard
The most interesting thing about the Trump administration’s recent civil rights enforcement efforts targeting Harvard University is its decision not to assert violations of the False Claims Act when given the opportunity, despite signals that its enforcement efforts will include use of the federal FCA, say attorneys at Bass Berry.
Defense Counsel Options Widen As No-Bill Rate Increases
Citizens impaneled on grand juries in politically motivated cases who are reasserting their role as a critical check on state power could provide criminal defense attorneys an opportunity to pursue seldom-used preindictment strategies, say attorneys at Ballard Spahr.
How Cos. Can Prepare For 'Made In America' Ad Scrutiny
The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.
Similar-Looking Designs May Not Always Prove Infringement
The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.
Dubai Ruling Delineates Standard For Foreign Arbitration Aid
By delineating the limits of its jurisdiction with clarity, in the recent Orabelle v. Orzenia decision, the Court of First Instance of the Dubai International Financial Centre Courts enhances predictability and reinforces the court's standing as a forum combining international openness with strict adherence to statutory constraints, says Josep Galvez at 4-5 Gray's Inn.
Parsing Rule 12(c) Motion Overuse In Securities Class Actions
Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.
Preparing For New Calif. Pay Data Reporting Requirements
California's S.B. 464 overhauls the state's pay data reporting framework by requiring employers to use job categories that are based on the Standard Occupational Classification system, increasing both the potential visibility of pay disparities and the complexity of compliance, say attorneys at Kaufman Dolowich.
Series
Mich. Banking Brief: All The Notable Legal Updates In Q1
Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.
What The Wealthy Can And Will Do: SALT In Review
From new research that undercuts state taxes on the wealthy to an Indiana law concerned with foreign affairs, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
The Road Ahead For Drug Development In The US
Against the backdrop of drug manufacturers potentially looking to move development efforts overseas, the U.S. Food and Drug Administration's latest guidance on new approach methodologies signals the FDA is likely to be receptive to industry innovation that makes U.S.-based drug development faster or less expensive, creating opportunities and compliance risks for tech companies, say attorneys at Morgan Lewis.
FDA's Crackdown On Drug Ads Conflicts With Precedent
Recent U.S. Food and Drug Administration warning letters to drug manufacturers targeting direct-to-consumer advertising raise significant constitutional concerns, and directly clash with prior FDA stances, say attorneys at Sidley.
Why Indicia Of Fraud Matter In Forensic Accountant Testimony
Amid federal probes into Minnesota social welfare programs and an elevated focus on detecting and prosecuting fraud, counsel must understand the professional and procedural lines that forensic accounting experts should not cross when analyzing evidence for indicia of fraud, say Kelly Bossard and George Saitta at FTI Consulting.
Apple Verdict May Inform Jury Instruction In Patent Suits
A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.
Pension Case Offers Entertainment Work Exception Insights
A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.
Justices' Ruling Stresses Quick Action Against Absconders
Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.
New DOD Framework Offers Key Guidance On PFAS Disposal
The U.S. Department of Defense's recently updated guidance on disposal of materials containing per- and polyfluoroalkyl substances ends its moratorium on incineration of PFAS-containing waste, but contractors must be ready to demonstrate stringent compliance with the department's new permitting system, operational controls and data practices, say attorneys at Alston & Bird.
How Cos. Can Navigate The Patchwork Of AI Safety Bills
In the first few months of 2026, state and federal lawmakers introduced hundreds of bills to address the perceived safety risks of artificial intelligence, so companies should assess whether existing or planned services could be scoped into AI safety legislation across jurisdictions, say attorneys at Hogan Lovells.
Unpacking FCC's Proposed Rules For Offshore Call Centers
The Federal Communications Commission recently proposed rules that would restrict the use of offshore customer service operations, citing consumer frustration, data security risks and fraud as core reasons for the sweeping regulatory move, say attorneys at Eversheds Sutherland.
Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
As usual, California remained a hub for financial services activity in the first quarter of 2026, with key developments including the California Department of Financial Protection and Innovation's eye on consumer issues, a bill targeting "pig butchering" schemes, and jam-packed courts, say attorneys at Joseph Cohen.
Unused Nuke Licenses Offer Shortcut For New Reactor Builds
While much has been done to accelerate the deployment of new nuclear generation, a number of still-valid licenses issued by the Nuclear Regulatory Commission for reactors that have not yet been built represent an unutilized resource for project developers looking to start construction quickly, say attorneys at K&L Gates.
Special Series
My Hobby Makes Me A Better Lawyer
From quilting to clowning to raising miniature livestock, attorneys share how their unusual extracurricular activities enhance professional development.
Judges On AI
Do artificial intelligence tools have any practical judicial applications? In this Expert Analysis series, state and federal judges explore potential use cases for AI in adjudication and beyond.
Opinion
FTC Case Risks Redefining Price Discrimination
Federal Trade Commission v. Southern Glazer puts a spotlight on the blurry line between illegal price discrimination and ordinary competition, and could potentially set a precedent that puts nearly any manufacturer at risk of Robinson-Patman Act enforcement, says Jeremy Sandford at Econic Partners.
AI Presents A Make-Or-Break Moment For Outside Counsel
The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.
Access to Justice Perspectives
DC Circ. Gag Order Rulings Reveal A Digital Privacy Paradox
A pair of rulings from the D.C. Circuit reveal a growing dilemma in digital privacy jurisprudence for investigative targets, technology companies and transparency advocates — even when courts set the bar higher for broad nondisclosure requests, the public may never be allowed to learn why orders get approved, say attorneys at RJO.