National Law Journal

9th Circuit Allows Use of Perplexity AI Agent on Amazon

Wed, 05 Aug 2026 17:24:00 EST

“[T]he CFAA contemplates access by a person," the appeals court stated, referring to the federal Computer Fraud and Abuse Act. "However advanced the [AI] Assistant currently is, it is a tool, not a person for statutory purposes.

5th Circuit Sees Possible Record En Banc Activity in 2026

Wed, 05 Aug 2026 15:24:56 EST

While various factors may help explain the high level of en banc activity, court watchers cautioned that this year's potential record may be a function of the Fifth Circuit's docket, not necessarily a sign that its judges have become more receptive to rehearing cases en banc.

5th Circuit Nominee Defends Testimony on Forced Arbitration of Sex-Harassment Claims

Wed, 05 Aug 2026 14:46:07 EST

“I continue to think that there can be benefits to arbitration in some instances, Anna St. John told the Senate Judiciary Committee. “There can be benefits to litigation, and at no point do I think anyone should be forced to arbitrate their claims. Arbitration is only by consent of the parties.

Monitor Says ICE Has Failed to Provide 'Constitutionally Adequate' Medical Care to Detainees

Wed, 05 Aug 2026 11:39:26 EST

Attorneys at Keker, Van Nest & Peters and the ACLU filed a public report from a court-appointed monitor in a class action against ICE on July 27, which found that the agency had failed to comply with with California federal court orders on health care in its detention facilities.

Jones Day Hires Morgan Lewis Tax Controversy Partner

Wed, 05 Aug 2026 09:59:59 EST

An 11-year Morgan Lewis partner, Jennifer Breen also held in-house roles and worked at the IRS.

At Supreme Court, Colorado County Fights to Maintain Climate Suit Against Big Oil

Tue, 04 Aug 2026 19:40:50 EST

"This litigation is not an attempt to solve climate change," the city of Boulder and its county commissioners told the Supreme Court. "[I]t merely asks that petitioners bear their fair share of local costs incurred in part because of their tortious conduct."

Illinois District Court Swats Down Novel Email Service Argument After 7th Circuit's Ban

Tue, 04 Aug 2026 16:16:50 EST

"For years, the majority approach to Schedule A cases among courts in this District has been to allow service of process by email on Chinese defendant," the judge said. "Kangol, of course, held otherwise, which has required district courts to change course."

California Joins New Suit to Halt Tariffs, Alleging White House Is Using 'Pretext' for Hiked Duties

Tue, 04 Aug 2026 15:51:46 EST

The states argue that President Donald Trump—by citing "forced labor" or the failure to prevent it—is misusing a law in order to reenact baseline tariffs orders that had already been rejected by the courts.

Deere Settlement Fixes Repair Ecosystem—No Trial Required

Tue, 04 Aug 2026 14:59:59 EST

Both the Federal Trade Commission and the U.S. Department of Justice's antitrust division have been resolving major competition disputes through negotiated terms rather than trials. As such, companies facing similar scrutiny should plan around that preference, not around the older assumption that these fights get decided in court.

ABA Law School Diversity Standard Survives—For Now

Tue, 04 Aug 2026 00:34:18 EST

The American Bar Association House of Delegates voted Tuesday to send the proposed repeal of Standard 206 back to council.

SEC Enforcement Action, Examinations Risk Alert Signal Continued Focus on Conflicts of Interest

Mon, 03 Aug 2026 23:59:59 EST

The twin announcements demonstrate that, despite Chair Paul Atkins' emphasis on fighting intentional fraud and characterization of materiality as his “north star, the SEC will continue to police conflicts of interest in the absence of scienter, and regardless of whether they are characterized as material.

One Year Later, Labaton Partner Assesses Legacy of Landmark Meta Privacy Verdict

Tue, 04 Aug 2026 11:32:08 EST

New York-based Labaton Keller Sucharow senior partner Carol C. Villegas told Law.com about the implications for privacy litigation and consumer protection protocols for Big Tech in the wake of a groundbreaking verdict by a California jury against Meta.

LexisNexis Launches Customer Lab to Bolster Product Advancement, AI Developer Collaboration

Tue, 04 Aug 2026 07:59:59 EST

In addition to working with users, the company will work with AI developers including Amazon Web Services and OpenAI to keep up with new models that LexisNexis may incorporate into their legal products.

Democratic States Ask Justices to Leave Court Order Blocking Trump's Mail Voting Overhaul

Mon, 03 Aug 2026 17:16:03 EST

A group of Democratic states led by California told the U.S. Court Court on Monday that allowing the presidents mail voting overhaul to proceed would risk widespread voter confusion and potentially disenfranchisement ahead of the November midterm elections.

Divided 3rd Circuit Revives Lawsuit Over Local Judges' Bail-Setting Practices

Mon, 03 Aug 2026 17:00:00 EST

In its 2-1 decision, the U.S. Court of Appeals for the Third Circuit said a federal judge erroneously abstained from considering the arrestees' equal protection and due process claims under Younger v. Harris, a 1971 U.S. Supreme Court ruling that established federal courts generally should not exercise jurisdiction over cases that interfere with ongoing state court proceedings.

Federal Judge Lets DHS Proceed With a Border Wall Through a Small Texas Town's Levee System

Mon, 03 Aug 2026 15:43:04 EST

A decision late Sunday in the District of Columbia marks a victory for the Trump administration as it races to build a $46 billion wall along the U.S.-Mexico border from the Pacific Ocean to the Gulf of Mexico.

FCC Commissioners Took Expensive Gifts From Paramount, Ethics Complaints Allege

Mon, 03 Aug 2026 15:32:46 EST

FCC Chairman Brendan Carr and commissioner Olivia Trusty attended the Kennedy Center Honors with tickets gifted by Paramount worth thousands, the groups allege. Two days before the event, Warner Bros. accepted a $110 billion merger bid with Paramount.

Bidding War in Big Law Accelerates as Law Firms Lean on More Comp Incentives

Mon, 03 Aug 2026 14:48:27 EST

The scale and scope of incentives offered to lateral candidates have ballooned, while other incentives are becoming more common amid the talent war, sources say.

Jackson Walker Agrees to Pay $15M to Former Bankruptcy Clients in Settlement

Mon, 03 Aug 2026 11:37:45 EST

In the term sheet, Jackson Walker "acknowledges, while not admitting fault, that it could have approached this matter differently."

Arguing Class Actions: When the Class Representative Can No Longer Serve

Mon, 03 Aug 2026 05:59:59 EST

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

Threat or Opportunity? Clients Ask Law Firms for Their Data Back

Mon, 03 Aug 2026 04:59:59 EST

The AI era has some clients asking firms to compile and submit historical data, raising risks of insourcing as well as opportunities for improved service delivery and client stickiness.

Supreme Court Has Reined in Agencies. Could Congress Be Next?

Fri, 31 Jul 2026 22:34:49 EST

Having vastly curtailed the power and autonomy of federal agencies, reining in Congress could emerge as a key area of focus for the U.S. Supreme Court, experts say.

Bill Would Give Judiciary Management Control of Federal Courthouses

Fri, 31 Jul 2026 16:04:08 EST

“The introduction of this bipartisan bill takes a big step toward addressing the chronic problems that have afflicted federal courthouses and other mission critical facilities of the Judicial Branch, said former U.S. District Judge Robert Conrad Jr., who directs the Administrative Office of the U.S. Courts.

Trump Lawyers Press Judge for Swift Ruling on Bid to Move Criminal Appeal to US Court

Fri, 31 Jul 2026 13:54:52 EST

Attorneys for President Donald Trump urged a federal judge to quickly decide a pending motion to move his New York criminal appeal to federal court, warning they may seek emergency relief from a higher court if no ruling is issued within weeks.

SEC Puts Hold on Nasdaq Rule to Delist Smallest Companies

Fri, 31 Jul 2026 00:34:57 EST

The rule would remove small companies from Nasdaq that do not maintain at least a $5 million market value of listed securities. Unlike other Nasdaq listing requirements, it provides no cure or compliance period.

NY Federal Judge Says Coinbase Isn't a Seller for Most Crypto Transactions

Fri, 31 Jul 2026 11:50:17 EST

The users, represented by Selendy Gay and Silver Golub & Teitell, alleged that Coinbase was selling unregistered securities in violation of Section 12(a)(1) of the Securities Act and several state blue sky laws.

'Slaughter' Ruling Gives Trump More Room to Sideline Democratic Commissioners, Experts Say

Fri, 31 Jul 2026 09:06:22 EST

Even before the ruling, Trump showed almost no interest in nominating Democratic commissioners or replacing the dozens of Democratic commissioners that he fired.

Law Firms Seek 'Franchise Value' in Market-Moving Lateral Moves

Fri, 31 Jul 2026 07:50:17 EST

Even rival firm leaders are potentially on the table, as William Savitt's move from Wachtell Lipton to Gibson Dunn (along with five other partners) this week demonstrates.

2 More Appeals Courts Reject No-Bond Immigrant Detention Policy, Deepening Circuit Split

Thu, 30 Jul 2026 19:54:21 EST

The Second, Sixth, Tenth, and Eleventh Circuits—and now the Ninth and Seventh—have held that Section 1225(b)(2)(a) does not apply to those apprehended inside the United States. Meanwhile, the Fifth and Eighth Circuits have agreed with the government that the statute allows mandatory detention of all noncitizens.

DOJ Backs Trump in Appeal of $83M Carroll Verdict

Thu, 30 Jul 2026 19:50:47 EST

“Absent this Court's intervention, the sitting President is facing nearly a hundred million dollars of personal liability for conduct that was well within the scope of his federal office, the U.S. Justice Department told the U.S. Supreme Court this week.

Trump's New Global Tariffs Have Better Legal Grounding. Does That Matter?

Thu, 30 Jul 2026 16:21:56 EST

President Donald Trump has turned to a tried and tested trade law that offers him better legal support for his ambitious second-term goal, a new baseline tariff covering nearly all imports.

Your Next Direct Reports May Be AI Agents

Thu, 30 Jul 2026 16:01:48 EST

"Every individual contributor ought to have an agentic span of control. They ought to be managing agents. They ought to be ultimately orchestrating the work, the AI, the agents," said Salesforce CLO Sebastian Niles.

3rd Circuit Revives Claim Hotels Conspired to Use AI to Hike Rates

Thu, 30 Jul 2026 15:27:19 EST

In May 2023 suit, a group of hotel guests claimed Caesars Entertainment, Hard Rock, Borgata and MGM illegally fixed prices using Cendyn's Rainmaker algorithm, which allegedly recommends room rates based on competitively-sensitive information shared by the casinos.

'Mirrors Federal Law': 8th Circuit Revives Iowa Regulations on Vape Product Sales

Thu, 30 Jul 2026 13:45:14 EST

The U.S. Court of Appeals cited the U.S. Supreme Court's 1949 California v. Zook decision that the Federal Motor Carrier Act did not preempt a state law requiring an interstate commerce permit for transportation over public highways. The justices said the state law mirrored the federal statute.

SDNY Judges Appoint Sullivan & Cromwell Partner Jamie McDonald as U.S. Attorney

Thu, 30 Jul 2026 10:33:53 EST

The Board of Judges of the Southern District of New York appointed James "Jamie" McDonald to lead the U.S. Attorney's Office, invoking its authority under federal law following Jay Clayton's resignation. The move ensures a leadership transition without requiring immediate Senate confirmation and comes amid broader disputes over court-appointed U.S. attorneys.

Proskauer Lures Former NFL GC to Bolster Sports Practice

Thu, 30 Jul 2026 08:59:59 EST

Jeff Pash held top lawyer roles at both the NHL and NFL. After his departure from the latter following nearly 30 years, he considered retirement but soon realized it wasn't a good fit for him.

ACLU Claims DOD Is Using Active-Duty Military as Temporary Immigration Judges

Wed, 29 Jul 2026 16:33:53 EST

The ACLU said it believes at least three military service members have begun hearing and deciding cases in Massachusetts immigration courts, according to its complaint.

US Appeals Court OKs Garnishing Ex-Shkreli Attorney's Retirement Accounts in Order to Repay Victim

Wed, 29 Jul 2026 16:26:55 EST

The Second Circuit closed the books on a novel issue that arose after Evan Greebel was convicted of securities fraud—whether the DOJ could garnish his BigLaw retirement accounts to pay his restitution order.

US Appeals Court Upholds First Amendment Right to View Attorney-Discipline Records and Grievance Dispositions

Wed, 29 Jul 2026 15:17:47 EST

The Second Circuit recognized a presumptive right of access to certain attorney-discipline proceedings and records, handing a victory to those challenging New York's longstanding attorney-grievance confidentiality rules.

Lionsgate Rewards Its Top Lawyer With 64% Pay Jump After Landmark Year

Wed, 29 Jul 2026 14:46:11 EST

Bruce Tobey earned $4.49 million for the fiscal year ending March 31.

What Was Behind the Circuits' SCOTUS Reversal Rates This Term?

Wed, 29 Jul 2026 14:15:49 EST

“I think that it's pretty safe to say the Fourth Circuit's jurisprudence regarding transgender issues is pretty far to the left of where the Supreme Court is, said Crowell & Moring senior counsel Elizabeth Hecker.

Two Atlanta Firms See Fertile Ground in Litigation, Labor Law After Expanding to Missouri

Wed, 29 Jul 2026 14:01:41 EST

"There are enough big verdicts that are coming out of there that it raises all sorts of issues to carriers," said Freeman Mathis & Gary leader Ben Mathis.

DC Circuit Undercuts Congress' Subpoena Power: Important New Authority for Targets of Congressional Investigations

Wed, 29 Jul 2026 07:59:59 EST

In a unanimous opinion, the D.C. Circuit stated that “recipients of congressional subpoenas retain common law and constitutional privileges' against governmental demands for the disclosure of requested information.

Being First on Associate Pay: Behind Milbank's Strategy

Wed, 29 Jul 2026 07:32:41 EST

In an interview, firm chair Scott Edelman said Milbank has become a leader in associate compensation, allowing it to compete for the best talent. And it's become a market differentiator.

Trump Appeals E. Jean Carroll's $83M Verdict to Supreme Court, Citing Presidential Immunity

Tue, 28 Jul 2026 17:57:06 EST

The Supreme Court denied the president's earlier petition challenging a separate sexual assault and defamation verdict won by the writer over an incident she said occurred in a New York City department store.

SEC Approves Nasdaq Rule Raising Bar for Small Companies

Tue, 28 Jul 2026 17:17:20 EST

Companies that have a market value of their listed securities below the $5 million threshold for 30 straight days will be delisted without a cure or compliance period that normally applies to other Nasdaq listing deficiencies.

Too Early to Block Trump's Mail Voting Order, Sauer Tells Supreme Court

Tue, 28 Jul 2026 15:24:57 EST

U.S. Solicitor General D. John Sauer says a lower court jumped the gun in blocking the implementation of President Donald Trump's executive order on mail ballots.

Pro Bono Asylum Wins are Harder to Come by Amid Regulatory Whiplash, Uncertain Timelines and Strained Bandwidth

Tue, 28 Jul 2026 14:59:59 EST

Big Law pro bono departments don't have a complicated relationship with asylum work, leaders say; instead, it's the work that's becoming more complicated, with asylum cases unfolding over years as the Trump administration overhauls the nation's immigration system.

'A Valley Too Far': 6th Circuit Doubts Judge's Immunity Bid in Detained Teen Lawsuit

Tue, 28 Jul 2026 14:08:32 EST

“If she was yelling and screaming and disrupting a court proceeding, I could understand," said Judge Ronald Gilman, of the U.S. Court of Appeals for the Sixth Circuit. "But she was just nodding off. I mean, if I were annoyed because someone here nodded off, could I pull out a gun and shoot him?"

'Prioritize Profits and Hide the Truth': Tennessee AG Opens Addiction Trial Against Instagram

Tue, 28 Jul 2026 13:54:24 EST

The trial, which accuses Meta of violating the Tennessee Consumer Protection Act, is similar to a case New Mexico Attorney General Rau l Torrez brought against Meta, in which a jury this year awarded $375 million in civil penalties to the state.

When Hiring Rainmakers Demands 'Surgical' Precision

Tue, 28 Jul 2026 07:10:41 EST

Firms have several considerations for lateral hiring in mature practices, including the impact on other partners' business.

Supreme Court's Public Approval Hits Record Low, Gallup Says

Tue, 28 Jul 2026 03:59:59 EST

New Gallup polling shows record low approval of the U.S. Supreme Court after its most recent term, largely driven by a decline in Republican support for the institution.

Agreement Ends Contentious Corporate Governance Chapter at Cracker Barrel

Mon, 27 Jul 2026 17:27:23 EST

General Counsel Jennifer Lankford helped draft the "transition agreement" under which CEO Julie Felss Masino will depart Aug. 10 following the dining chain's failed rebranding attempt last year.

Penn State Dickinson Law Dean's Sudden Departure Follows Congressional DEI Hearing

Mon, 27 Jul 2026 16:56:45 EST

The school announced Friday that Danielle Conway had stepped down as dean effective immediately, two days after a former Penn State Dickinson Law student testified during congressional hearings accusing the dean and school of "ideological coercion."

Federal Appeals Court Won't Reinstate Would-Be Bellwether Case in Infant Formula MDL

Mon, 27 Jul 2026 16:14:35 EST

The opinion comes a few weeks after a Missouri state court reversed a $60 million verdict against Mead Johnson, another defendant in the multidistrict litigation.

Split 1st Circuit Maintains Block on Trump's Mail-In Voting Order

Mon, 27 Jul 2026 14:06:14 EST

In its 2-1 decision, the U.S. Court of Appeals for the First Circuit said the Democratic-led states challenging the order have established they would be injured without an injunction pending appeal that halts the president's directives ahead of the November midterm election.

Lawyers Don't Become Thought Leaders Automatically. Here's Why Firms Should Be Making the Investment Early

Mon, 27 Jul 2026 00:17:45 EST

"The market expects expertise from the whole firm, not from just the more senior lawyers," said Erika Steinberg of New York-based CMO2go Inc.

Outside Capital is Knocking on the Door, but Most Big Law Leaders Aren't Ready for the Conversation

Mon, 27 Jul 2026 04:59:59 EST

Two firm leaders in the Am Law Second Hundred who acknowledged discussions with private equity investors said they owe it to their partnerships to learn more.