National Law Journal

Congress' Ambiguous Review Act Opens Door to Ending Years-Old Agency Actions, Experts Say

Fri, 08 May 2026 18:14:47 EST

Congress has 60 working days under the Congressional Review Act to consider revoking an agency action after it is submitted to Capitol Hill. However, ambiguity over how an agency action is formally received by Congress has potentially opened the door for a broad range of agency actions to be overturned.

FTC Forces Valvoline to Shrink Acquisition of Quick-Lube Shops From 200 to 155 Stores

Fri, 08 May 2026 16:35:21 EST

The original, $625 million deal would have eliminated a competitor to Valvoline in 25 local markets, reducing the company's incentive to keep prices affordable, the agency said.

Antitrust Remedies Order Takes Effect as US Judge Denies Google's Stay Motion

Fri, 08 May 2026 15:41:19 EST

"[T]here is no rule in this circuit that any disclosure of information is an irreparable harm sufficient to warrant a stay," U.S. District Judge Amit Mehta wrote in an order denying Google's partial stay motion. Google unsuccessfully asked Mehta to pause his final judgment requiring Google to share sensitive data with rival search engines and generative AI companies to redress Google's alleged anticompetitive conduct in the general search market.

EPA's New Focus on Microplastics Could Be Start of Long Regulatory Road

Fri, 08 May 2026 11:59:31 EST

Companies may want to ask themselves: “Do we have a dog in the fight? Do we make plastic? Do we have something to do with plastic?" said James Aidala, a former EPA official who's now a consultant.

DOJ Investigates Northern Virginia Prosecutor Over Alleged Preferential Treatment of Undocumented Immigrants

Fri, 08 May 2026 10:05:26 EST

"This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes," the Trump administration's top civil rights enforcer said of Commonwealth's attorney Steve Descano of Fairfax County, Virginia, who faces a federal probe by the U.S. Department of Justice.

Trade Court Strikes Down Trump's 10% Global Duties, Rejecting 'Expansive' View of Executive Power to Impose Tariffs

Thu, 07 May 2026 18:24:29 EST

The trade court ruled 2-1 that Trump had unlawfully used Section 122 of the Trade Act to enact a new blanket duty on products entering the United States, finding that Trump failed to identify a "balance-of-payments deficit" that would allow him to wield the trade law's broad tariff-making powers. The decision strikes down the president's second bid to impose global tariffs on his own.

DC Circuit Questions Pentagon's Push to Punish Mark Kelly After 'Illegal Orders' Video

Thu, 07 May 2026 18:12:31 EST

At least two D.C. Circuit judges seemed to be skeptical of arguments from the Justice Department.

Retired Judges Urge US Appeals Court to Reject Trump's 'Unprecedented Suit' Against Maryland's Federal Bench

Thu, 07 May 2026 17:39:25 EST

The retired judges told the Fourth Circuit that the lawsuit is an “extraordinary, unprecedented broadside" against the judiciary's authority.

SEC Moves to Reduce Company Reporting, but Experts Predict a Muted Initial Response

Thu, 07 May 2026 17:38:35 EST

Critics argue that semiannual reporting would allow companies to hide adverse information from investors for a longer amount of time and incentivize fraud. But attorneys predicted that not everyone would immediately jump to semiannual reporting, as such a move wouldn't bode well with investors and debt issuers who want more data before they open their coffers.

'Basically Gambling'?: 4th Circuit Questions Kalshi's Anti-State-Regulation Claim

Thu, 07 May 2026 16:36:57 EST

"This just seems like gambling," Judge Stephanie Thacker of the U.S. Court of Appeals for the Fourth Circuit said after counsel for Kalshi Inc. argued federal law prohibits Maryland or any other state from regulating Kalshi's designated contract market for sports betting.

Justice Thomas Becomes Second Longest Serving Supreme Court Justice

Thu, 07 May 2026 15:43:43 EST

Justice Clarence Thomas now sits behind Justice William O. Douglas in the list of longest-serving Supreme Court justices in U.S. history.

Big Law Talent Battle Accelerates in Congressional Investigation Practices

Thu, 07 May 2026 15:28:42 EST

Simpson's recent move has caused ripples in the D.C. talent market and has caught the attention of others, including other New York firms.

What Supreme Court's Voting Rights Act Ruling Means For Minority Representation In Congress

Thu, 07 May 2026 00:06:23 EST

On this podcast edition of Supreme Court Brief, host Jimmy Hoover interviews election law scholar Rick Hasen of UCLA Law about what the Supreme Court's recent ruling in Louisiana v. Callais means for the future of minority voter representation in Congress.

Divided 11th Circuit Rules Against Trump's Mandatory Detention Policy

Wed, 06 May 2026 18:43:40 EST

The Eleventh Circuit's decision adds to a split among federal appeals courts over whether President Donald Trump's policy comports with federal immigration law—an issue likely to be resolved by the U.S. Supreme Court.

Former Alito Clerk Tapped to Defend Firearm Sentence at Supreme Court

Wed, 06 May 2026 18:02:12 EST

It will be a U.S. Supreme Court debut for Jones Day appellate lawyer Anthony Dick.

US Appeals Court Tosses Deportation Order After Cooley Backs Petition Pro Bono

Wed, 06 May 2026 17:29:13 EST

"After a careful review of the record, we hold that the [immigration judges] below failed to fulfill their statutory duty," Judge Roger Gregory wrote in the opinion for the U.S. Court of Appeals for the Fourth Circuit after a Cooley associate stepped in pro bono and delivered oral arguments on behalf of a noncitizen petitioner facing deportation to Liberia.

DOJ Moves to Vet Data Miner Fraud Claims Amid Surge in Qui Tam Filings

Wed, 06 May 2026 14:51:36 EST

Nearly half of the roughly 3,000 qui tam complaints presented to the U.S. Department of Justice since 2024 were from data miners analyzing publicly available information to find potential instances of fraud, DOJ stated.

4th Circuit Seems Skeptical of Policy Lifting Limits on ICE Arrests at Churches

Wed, 06 May 2026 13:41:59 EST

Last year, the U.S. Department of Homeland Security advised officers to use discretion “along with a healthy dose of common sense when deciding whether to carry out enforcement activity in or outside a house of worship. Prior to the change, DHS directed agents to avoid enforcement at houses of worship to the “fullest extent possible.

Some DC Area Firms Lost Ground in Latest Am Law 200 Rankings, Despite Revenue Growth

Wed, 06 May 2026 13:15:46 EST

Three of the five Second Hundred law firms in the greater Washington, D.C., area fell in the Am Law 200 rankings, despite all of the firms reporting revenue growth in 2025 over the prior year.

Kagan Denies Apple's Request for Emergency Supreme Court Intervention in Antitrust Case

Wed, 06 May 2026 00:04:50 EST

Apple became the latest tech giant to fail to obtain emergency relief from the high court in an antitrust case.

1st Circuit Asks How Supreme Court's Emergency Order Affects Transgender Passport Case

Tue, 05 May 2026 17:43:26 EST

“I don't understand the argument that a stay from the Supreme Court on the likelihood of success on the merits precludes a district court from doing whatever they think is right after a full airing of all of the issues in the trial and whatever else may happen," said Judge Seth Aframe, of the U.S. Court of Appeals for the First Circuit.

Retired Justice Breyer Weighs In on the US Supreme Court's Shadow Docket

Tue, 05 May 2026 17:41:32 EST

Speaking at a judicial conference in Chicago, Breyer suggested the court's reluctance to issue detailed explanations in emergency rulings may stem from concerns about locking justices into positions before full briefing or argument. The discussion unfolded alongside broader conversations among federal judges and lawmakers about threats to judicial safety, institutional legitimacy, and the rule of law.

NTSB Evidence Shapes Baltimore Bridge Collapse Bench Trial Proceedings

Tue, 05 May 2026 17:32:35 EST

National Transportation Safety Board evidence may influence how U.S. District Senior Judge James Bredar rules in a bench trial addressing whether Singapore-based shipping companies are entitled to exoneration or limited liability in the March 2024 Baltimore bridge collapse disaster that killed six highway maintenance workers in Maryland.

Companies Could Opt Out of Quarterly Reporting Under SEC Proposal

Tue, 05 May 2026 16:51:51 EST

Critics of the proposal say reducing the frequency of public disclosures threatens investor protection and greatly reduces transparency on Wall Street.

Split US Appeals Court Rules That Federal Law Preempts New York's Escrow Interest Law

Tue, 05 May 2026 16:16:59 EST

With Circuit Judge Michael Park writing for the majority, the Second Circuit for the second time ruled against New York's interest-on-escrow requirements. The U.S. Supreme Court had unanimously overturned the circuit's first ruling against the law, instructing the circuit to conduct a more “nuanced analysis.

No Class Certification? No Problem. Attorneys Put 86 Plaintiffs in 1 Complaint

Tue, 05 May 2026 15:18:11 EST

The move—to coalesce nearly 90 individuals in a single action without class status—is rare.

Facing Contempt, Apple Seeks Emergency Relief From Supreme Court in Antitrust Case

Tue, 05 May 2026 14:45:04 EST

Undaunted by the U.S. Supreme Court's rejection of a similar request from Google, Apple has urged the justices to intervene on an emergency basis in an antitrust suit from a video game developer over the commissions the tech giant collects from in-app purchases.

After 22-Year Run, Award-Winning SEC Enforcement Official Departs for Wilmer

Tue, 05 May 2026 13:32:15 EST

Jason Burt won awards for helping the SEC crack two first-of-their-kind cases—one involving a flash market crash and another in which co-conspirators obtained early access to financial press releases, enabling them to profit by trading on nonpublic information.

Musk Pays Just $1.5 Million to Settle SEC Suit Accusing Him of Underpaying Twitter Investors by $150M

Mon, 04 May 2026 21:37:37 EST

The deal reflects a stark difference in enforcement philosophies between President Joe Biden's SEC chair, Gary Gensler, who brought the case, and Trump's SEC chair, Paul Atkins.

Alito Clashes With Jackson as Supreme Court Facilitates Louisiana Map Redraw

Mon, 04 May 2026 21:01:21 EST

"The dissent accuses the Court of 'unshackl[ing]' itself from 'constraints,'" Justice Samuel Alito Jr. wrote. "It is the dissent's rhetoric that lacks restraint."

SEC Monitoring Fraud Risks in Private Credit as Defaults Rise, Atkins Says

Mon, 04 May 2026 17:43:07 EST

Businesses that borrowed from private credit defaulted at a record 9.5% rate in 2025, according to credit rating firm Fitch Ratings. The growing risk to private credit comes amid the Trump administration's push to increase investment in private markets.

Still? NJ Weighing Rule to Ban Attorney-Client Sex

Mon, 04 May 2026 17:02:44 EST

The justices rejected a similar proposal in 2002, but a lot has changed since the last time the court considered such an issue.

Another US Appeals Court Mulls Mandatory Detention Policy. Will Circuit Split Deepen?

Mon, 04 May 2026 16:55:41 EST

“The Supreme Court is going to have to decide this," said Judge Sandra Lynch, of the U.S. Court of Appeals for the First Circuit. "You've already got it, a circuit split.

Planned $110B Paramount-Warner Merger Faces Consumer Antitrust Challenge

Mon, 04 May 2026 16:47:55 EST

"A quick review of the complaint reads like a fanciful work of fiction that is untethered from the facts and without merit," a Paramount spokesperson said after consumers filed a lawsuit in California federal court seeking to block the company's proposed $110 billion acquisition of Warner Bros. Discovery.

Alito Temporarily Pauses Fifth Circuit Decision Restricting Mail Access to Abortion Drug

Mon, 04 May 2026 00:48:48 EST

The administrative order preserves mail access to the abortion drug while the full U.S. Supreme Court considers the pill maker's emergency appeal.

Cooley Taps Kirkland Partner to Lead Antitrust Practice in DC

Mon, 04 May 2026 09:29:59 EST

Norm Armstrong, who also previously led the antitrust practice at King & Spalding before joining Kirkland & Ellis, brings almost two decades of experience from the U.S. Federal Trade Commission.

Arguing Class Actions: The 'Tort Reform' Myth

Mon, 04 May 2026 05:59:59 EST

Arguing Class Actions is a monthly column for the National Law Journal.

In Era of Surging Partner Pay, How Can Second Hundred Law Firms Stay Competitive?

Mon, 04 May 2026 05:59:59 EST

Even firms with $3 or $4 million in average profits per partner will have a hard time going toe to toe for talent with firms that can more than double that, noted Matthew Bersani, of the Cliff Group.

Alito Claims to 'Update' Voting Rights Act Law. Kagan Says He Destroyed It.

Fri, 01 May 2026 18:17:20 EST

Under Justice Samuel Alito Jr.'s "updated" framework, the test for proving voter dilution under Section 2 of the Voting Rights Act is "nearly insuperable," Justice Elena Kagan wrote in dissent.

CFPB Finalizes Scaled-Back Small-Business Lending Rule

Fri, 01 May 2026 17:31:57 EST

Banks praised the move for reducing regulatory burdens, while fair lending and civil rights groups said it would greatly hurt the Consumer Financial Protection Bureau's ability to identify patterns of discrimination.

Maryland Supreme Court Curtails Public-Nuisance Claims in Opioid Litigation

Fri, 01 May 2026 17:25:13 EST

"This Court has never recognized a government entity's ability to recover damages for public nuisance," Maryland's top court state in a decision that served as the basis for tossing out Baltimore's $152.4 million judgment previously secured in opioid litigation against two major drug companies.

FTC Officials Urge Tennessee Supreme Court to Reduce Reliance on ABA in Law School Accreditation

Fri, 01 May 2026 16:05:23 EST

The Supreme Court of Tennessee at Nashville received hundreds of comments regarding how to increase access to legal representation by examining how the state is regulating the profession.

FirstEnergy Investors Certified Again in Bribery Case, After 6th Circuit Decertification

Fri, 01 May 2026 15:29:06 EST

U.S. District Judge Algenon Marbley stood by his initial certification decision, finding that the Sixth Circuit remanded the case back to him to analyze the investors' damages methodology, not to further consider their presumption of reliance arguments.

5th Circuit Won't Rehear Challenge to Federal Machine Gun Possession Ban

Fri, 01 May 2026 14:06:20 EST

In a 10-7 vote, the appeals court denied an en banc petition by Jamaion Wilson, who was convicted under 18 U.S.C. § 922(o) of possessing a machine gun. Wilson argued the statute violates the Second Amendment's right to bear arms.

Gambling-Addiction Lawsuits Pile Up Against Sports-Betting Companies

Fri, 01 May 2026 08:20:12 EST

The suits allege that the companies ratchet up marketing during periods when bettors are less likely to be clear-headed—late at night, for instance, or right after they've suffered a big loss.

Former Judges Offer No Easy Answers on Presidential Pardons

Fri, 01 May 2026 07:44:59 EST

“What has happened with the pardon under this administration, it's just shocking, said former U.S. Court of Appeals for the District of Columbia Judge Thomas Griffith, who was appointed to the bench in 2005 by then-President George W. Bush.

Associates at Law Firms With AI-Heavy Advisory Practices Feel Less Confident About Using AI Tools Themselves

Fri, 01 May 2026 05:59:59 EST

A Chambers survey found that there appears to be a disconnect between law firms that counsel clients on their AI technology use and internal firm use of these newer technologies.

Law Day Champions: May 1, 2026

Fri, 01 May 2026 00:00:59 EST

On this Law Day 2026, we salute and honor the U.S. courts and the federal judiciary.

ABC License Renewal Order Unrelated to Trump-Kimmel Feud, FCC Chair Says

Thu, 30 Apr 2026 15:50:32 EST

The Federal Communications Commission's order for early license renewals came one day following a Trump social media post calling on ABC to fire Kimmel.

A Voting Rights Bombshell; What The Constitution Says About 'Geofence Warrants'

Thu, 30 Apr 2026 15:33:46 EST

On this week's podcast edition of Supreme Court Brief, host Jimmy Hoover breaks down Wednesday's bombshell decision weakening the Voting Rights Act, and later on interviews Stanford Law professor Orin Kerr about a cutting-edge Fourth Amendment case over "geofence warrants."

Federal Privacy Bill Faces Hurdles Aplenty, but Common Ground Kindles Hope

Thu, 30 Apr 2026 13:00:35 EST

“From the pure pro-business standpoint, it checks a lot of boxes, said Tyler Thompson, a partner at Reed Smith.

The Lawyers Advising Elon Musk and Sam Altman at Trial

Thu, 30 Apr 2026 11:56:27 EST

The litigation between Elon Musk and Sam Altman has brought on a bevy of lawyers from several law firms, including Wachtell, Morrison & Foerster, Mololamken, and Toberoff and Associates.

Corporate Attorneys Know Their Clients Shouldn't Be Asking Chatbots Legal Questions. Do The Clients?

Thu, 30 Apr 2026 07:29:59 EST

Right now, the parameters of AI chat log privilege and discoverability are beginning to be laid out in the courts, similar to the way emails and text message admissibility have been analyzed. And attorneys are making a push to educate their corporate clients on how to avoid what played out in Fortis Advisors v. Krafton.

Associate Becomes Kidney Donor to Law Firm Partner

Thu, 30 Apr 2026 05:59:59 EST

After sending out a firmwide plea to find a kidney donor, Thompson Coburn land use partner Bernie Citron got connected with regulatory associate Hope Watson.