National Law Journal

Full 5th Circuit Allows Enforcement of Texas Immigration Arrest Law

Fri, 24 Apr 2026 17:58:29 EST

The Fifth Circuit did not answer the merits question of whether Texas' Senate Bill 4 is federally preempted.

Labor Department Proposal Makes It Easier for Firms to Avoid Liability for Contract Workers

Fri, 24 Apr 2026 16:36:46 EST

The Trump administration proposal narrows the potential for liability by focusing on how a company “controls an employee in practice through hiring and firing, direct supervision and determining pay.

'Grave Threat': Ex-Clerks, Judges Urge Supreme Court to Review Newman's Suspension

Fri, 24 Apr 2026 00:57:29 EST

The retired judges argued the D.C. Circuit relied on faulty precedent to dismiss Federal Circuit Judge Newman's challenge to her suspension.

Regulators Poised to Lighten Disclosure Requirements for $26 Trillion Private Fund Industry

Fri, 24 Apr 2026 11:12:30 EST

A nonprofit championing tighter financial regulation criticized the Securities and Exchange Commission and Commodity Futures Trading Commission's proposal, saying, "They should not be increasing the odds of market mayhem and investor losses.”

Facing Leaks, Supreme Court Moves Forward With Arguments And New Cases

Fri, 24 Apr 2026 10:32:13 EST

In this podcast edition of Supreme Court Brief, host Jimmy Hoover discusses the latest leak of confidential memos from the Supreme Court, a major new blockbuster First Amendment case, and this week's hearing about the SEC's power to order disgorgement.

Covington Helps Save DC Bike Lanes, Upending Trump Administration's Decision

Thu, 23 Apr 2026 18:03:38 EST

Covington & Burling represented a nonprofit plaintiff pro bono and won a lawsuit challenging the Trump administration's effort to remove dedicated bike lanes near the National Mall and Memorial Parks in Washington, D.C.

'Loaded Revolver,' Small Businesses Tell Supreme Court That Corporate Disclosure Law Shelved By Trump Is Unconstitutional

Thu, 23 Apr 2026 15:59:17 EST

Veteran Supreme Court lawyer Paul Clement filed a petition on behalf of small businesses asking the court to review whether Congress exceeded its authority in passing a corporate transparency law designed to crack down on financial crimes.

Debevoise Recruits Kirkland Antitrust Partner in D.C.

Thu, 23 Apr 2026 14:59:59 EST

Debevoise & Plimpton has hired antitrust partner Rebekah Scherr from Kirkland & Ellis in its Washington, D.C., office.

Big Law PACs Heavily Favor Republicans in '25-'26 Races

Thu, 23 Apr 2026 14:34:45 EST

Of the 43 Am Law 200-affiliated PACs analyzed by Law.com, 37 firm PACs disbursed more money to Republican campaigns or affiliated PACs than to Democrats.

5th Circuit Upholds Texas Ten Commandments Law

Wed, 22 Apr 2026 19:43:46 EST

The U.S. Court of Appeals for the Fifth Circuit declared a 46-year-old Supreme Court precedent blocking Ten Commandments displays in public school classrooms is no longer valid law, upholding a Texas statute requiring the displays and setting up a likely Supreme Court showdown over the future of the establishment clause.

‘God Squad' Move May Broaden Exemptions to Protecting Endangered Animals, Experts Say

Wed, 22 Apr 2026 18:18:03 EST

The Trump administration's use of the “God Squad to exempt Gulf oil projects on national security grounds could set a far-reaching precedent for expanding Endangered Species Act exemptions.

9th Circuit Blocks California Law Requiring ICE to Wear ID

Wed, 22 Apr 2026 17:03:39 EST

A district court judge previously blocked a 2025 law barring federal immigration agents form wearing masks.

11th Circuit Probes Boundaries in Florida's Defense of Book Removal Law

Wed, 22 Apr 2026 16:39:53 EST

The state told the appeals court the curation of public school library collections constitutes “government speech unregulated by the First Amendment. Florida was urging the panel to reject a challenge to H.B. 1069 by book publishers.

Eric Swalwell Placed on Leave From Maryland Law School Board of Visitors

Wed, 22 Apr 2026 15:45:47 EST

Eric Swalwell has been accused of sexual misconduct—charges he denies.

Call for Nominations: The D.C. Legal Awards

Wed, 22 Apr 2026 14:15:49 EST

Nominations are now open for The D.C. Legal Awards, formerly named The National Law Journal Awards.

Latest PBM Settlement to Reverberate Through Health Plans

Wed, 22 Apr 2026 00:30:39 EST

“PBMs and health plans have a symbiotic relationship. There will be discomfort not only for PBMs but for health plans in the short term," said Theresa Carnegie of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo.

Supreme Court Revives Suit Against Military Contractor Over Bombing on Afghan Base

Wed, 22 Apr 2026 00:26:13 EST

The U.S. Supreme Court held in a 6-3 decision that federal law does not preempt all state tort suits against military contractors operating in a war zone.

Gibson Dunn Lifts Four-Partner Appellate Litigation Team Led by Jeffrey Wall From Sullivan & Cromwell

Wed, 22 Apr 2026 11:43:23 EST

Wall previously served as co-head of Sullivan & Cromwell's appellate litigation practice as well as acting U.S. solicitor general. The group collectively has argued more than 45 cases in front of the U.S. Supreme Court.

For Law Students, AI Literacy and Enthusiasm May Impact Big Law Employment Prospects

Wed, 22 Apr 2026 09:59:59 EST

Experience with AI tools is seen as a positive differentiator during recruiting season, while an aversion to AI is increasingly disqualifying.

Go-To Law Schools: Columbia Reclaims the Throne, Georgetown and Vanderbilt Join the Top 10

Wed, 22 Apr 2026 09:59:59 EST

"T14" law schools dominated by taking the top six positions this year, while Vanderbilt Law and Georgetown Law both climbed four spots to make the top 10.

FHFA Urges DC Circuit to Overturn $612M Verdict in Fannie Mae Shareholders Class Action

Tue, 21 Apr 2026 16:48:29 EST

Arnold & Porter partner John Elwood, arguing for the Federal Housing Finance Agency, cited the 2008 Housing and Economic Recovery Act. The law not only made the FHFA a conservator of Fannie Mae and Freddie Mac but contained a provision authorizing the FHFA to take action in the public's best interest.

Commercial Real Estate Data Giant CoStar Faces New Monopolization Claims

Tue, 21 Apr 2026 16:39:49 EST

"CoStar will vigorously defend against these baseless allegations and will prevail," CoStar's general counsel said after plaintiffs filed two antitrust class actions alleging defendant CoStar Group Inc. unlawfully monopolized commercial real estate data and information services.

Fed Chair Nominee Vows Independence as Trump Pressure Looms

Tue, 21 Apr 2026 16:13:37 EST

“President Trump expresses it quite publicly without surrogates or subterfuge—but presidents want lower rates, Kevin Warsh said. “But Fed independence is up to the Fed. Fed leadership has to make a decision about what's the right thing to do.

Big Law Saw Increased Lobbying Revenue in First Quarter of 2026

Tue, 21 Apr 2026 15:04:04 EST

Brownstein Hyatt Farber Schreck, Akin Gump Strauss Hauer & Feld, Ballard Partners, Holland & Knight, Squire Patton Boggs and K&L Gates saw increased lobbying revenue in the first quarter of this year compared to the last quarter of 2025, according to Lobbying Disclosure Act filings on Monday.

Supreme Court Questions FCC's 'Retreat' Over Power to Fine

Tue, 21 Apr 2026 14:40:14 EST

The Federal Communications Commission insisted to the Supreme Court on Tuesday that its roughly $100 million in fines against Verizon and AT&T were "nonbinding" and therefore did not violate the companies' Seventh Amendment right to a jury trial.

Covington's Client Base Shifts as Tech Sector's Legal Needs Mount

Tue, 21 Apr 2026 14:30:01 EST

“Six out of the 10 largest clients of the firm are tech industry companies, and we represent 15 out of the top 20 largest tech companies globally by market (capitalization), including four out of the top five," said James Garland, a member of Covington & Burling's management and executive committees.

Supreme Court Won't Review Order Certifying Cities' $12B Antitrust Suit Against Big Banks

Tue, 21 Apr 2026 13:20:51 EST

By refusing to hear the banks' appeal, the Supreme Court cleared the way for the case to proceed in the Manhattan federal court, which allowed Philadelphia, Baltimore and San Diego to pursue their $12 billion antitrust case as a class.

A Bright Spot for Lawyers Seeking to Build on 'Loper Bright'

Tue, 21 Apr 2026 09:59:59 EST

That should be the basic one-two strategy for any lawyer seeking to challenge agency actions involving supposed delegations of discretionary power: (1) Knock out generic grants of authority as conferring no interpretive discretion. And then, (2) ensure that the agency's regulations are directly linked to terms it has authority to interpret.

"Not In An April Case. Not Happening."

Tue, 21 Apr 2026 06:44:59 EST

In this edition of Supreme Court Brief: What's new on the docket in OT 2026, plus one seasoned advocate's bold assertion at the high court lectern.

Justices Appear Skeptical of Challenge to SEC's Disgorgement Power, but Press Feds on Where the Money Goes

Mon, 20 Apr 2026 17:47:11 EST

The case concerns the SEC's ability to force white collar defendants to disgorge their gains in cases where regulators can't clearly identify victims or quantify the money lost. Although several justices seemed to lean in favor of the SEC, others wondered how much disgorgement the government is keeping for themselves.

Appellate Judges Put a Lot of Weight on Sister Circuit Precedent, Study Finds

Mon, 20 Apr 2026 17:31:29 EST

In a forthcoming paper in the Southern California Law Review, Georgetown University Law Center professor Amy Griffin questioned how much deference judges give peer circuit precedent, despite not being bound by it.

Federal Judges Discuss the Future of Third-Party Litigation Funding in Their Courtrooms

Mon, 20 Apr 2026 17:16:51 EST

Brian Fitzpatrick, a law professor at Vanderbilt Law School, moderated a panel with Delaware District Court Chief Judge Colm Connolly and SDNY Judges J. Paul Oetken and Arun Subramanian at the NYU Law Review's "Charting the Future of Litigation Finance" event.

Justices Appear to Balk at Overruling Doctrine Against State Do-Overs in Federal Court

Mon, 20 Apr 2026 16:05:35 EST

"You're not going to overrule [the Rooker-Feldman doctrine]," Supreme Court lawyer Lisa Blatt confidently predicted Monday. "Not in an April case," she joked. "Not happening."

Live Nation Agrees to $9.9M Settlement Resolving DC Consumer Protection Claims

Mon, 20 Apr 2026 15:52:13 EST

"For at least a decade, Live Nation and Ticketmaster boosted profits by charging predatory, hidden fees," the District of Columbia's attorney general said after reaching a $9.9 million settlement with Live Nation resolving allegations the entertainment giant violated the D.C. Consumer Protection Procedures Act with deceptive "drip pricing" that harmed consumers.

GCs' Preference for Big Firms Undercutting Efforts to Rein in Outside Counsel Costs

Mon, 20 Apr 2026 15:17:48 EST

Average partner rates rose by more than 4% for the fourth straight year, according to LexisNexis. They'd risen by less than 3.5% all of the prior nine years.

Trump's Latest Anti-DEI Order Gives Contractors Plenty to Sweat Over

Mon, 20 Apr 2026 13:23:59 EST

"The executive order authorizes each government agency to investigate contractor compliance, so contractors should prepare for potential investigations.” said Cara Crotty, a partner at Constangy, Brooks, Smith & Prophete.

Supreme Court Will Hear Religious Challenge to Anti-Bias Rules for Pre-K Program

Mon, 20 Apr 2026 10:31:37 EST

The U.S. Supreme Court said Monday that it will consider lowering the threshold for proving a law burdens religious exercise in a case over Colorado's universal preschool program, which bars discrimination against LGBTQ parents and students.

2 Latham Partners Head to Dunn Isaacson Rhee

Mon, 20 Apr 2026 05:59:59 EST

Danielle Conley and Jude Volek both worked in the Biden administration White House before joining Latham.

'Freaking Out'?: Big Law Attorney Donors Shocked by Swalwell Scandal

Fri, 17 Apr 2026 19:11:42 EST

"No one wants their name associated with [Eric Swalwell] because of these allegations," a legal insider said of the many lawyers who contributed funds to Swalwell's gubernatorial campaign before the California Democrat exited the race following allegations of sexual misconduct.

SEC Decries Biden-Era 'Rush' as Enforcement Numbers Fall

Fri, 17 Apr 2026 17:53:20 EST

The U.S. Securities and Exchange Commission filed 456 enforcement actions in fiscal year 2025, a 22% drop from FY 2024.

'No Longer One Size Fits All': Tweaks to U.S. Sentencing Guidelines May Ease White-Collar Penalties

Fri, 17 Apr 2026 17:49:03 EST

The U.S. Sentencing Commission has passed a proposed amendment adjusting how fraud victims' losses are determined for inflation. This is the first revision to account for inflation since 2015, the Commission said. That small modification could lead to lower sentencing ranges for those found guilty of financial crimes.

John Eastman, Anti-Vax Doctors See Potential Lifeline in Recent Supreme Court Ruling

Fri, 17 Apr 2026 16:25:55 EST

"That's a very favorable sort of broad interpretation of rights under the First Amendment," said a lawyer for John Eastman. "We can probably extrapolate from that."

Federal Inaction on 'Forever' Chemicals Prompting States to Pass Own Laws

Fri, 17 Apr 2026 16:13:24 EST

Wisconsin's new statute, which passed with bipartisan support, focuses on environmental cleanup.

Legal Tech-Owned ‘Hybrid Law Firms' Are Growing. Why Now?

Fri, 17 Apr 2026 13:56:11 EST

Years after one of the first hybrid law firms failed, some see a better opportunity for this law firm model in the gen AI era.

Lawsuits Accuse Trio of Am Law 200 Firms of Running Afoul of Conflict Rules

Fri, 17 Apr 2026 13:22:12 EST

“Clients are much more offended by conflicts of interest than law firms and judges give them credit for, Frankfurt Kurnit Klein & Selz partner Ronald Minkoff said.

Supreme Court Says Chevron Can Move Louisiana Environmental Suit to Federal Court

Fri, 17 Apr 2026 11:29:20 EST

The Supreme Court held that Chevron's crude oil refining activities, which allegedly damaged Louisiana's coastline, were related to World War II military contracts and could therefore be defended in federal court.

Own Up: Proposed Rule to Help Judges Catch Conflicts Inches Forward

Fri, 17 Apr 2026 07:44:59 EST

“If finally approved, the amendment should significantly benefit judges in making decisions about whether their financial interests require recusal, said U.S. District Judge Sarah Vance.

Data Breach, Consumer Protection Claims Fuel 10-Year High for Class Action Filings, Report Says

Thu, 16 Apr 2026 19:17:05 EST

A new report by legal analytics platform Lex Machina has found that class actions nationwide surged to a 10-year high in 2025 "after nearly a decade of stability," driven by a dramatic spike in consumer protection claims—particularly those involving data breaches.

9th Circuit Judge Seems Wary of Prediction Markets' Bid to Avoid State Gambling Rules

Thu, 16 Apr 2026 18:33:25 EST

During oral arguments in San Francisco, Ninth Circuit Judge Ryan Nelson questioned whether Congress, when it amended the Commodity Exchange Act in 2010, clearly intended to prevent states from applying their gambling laws to prediction market contracts.

7th Circuit Rejects Bid to Broaden Anonymity Standard in Title IX Lawsuits

Thu, 16 Apr 2026 16:52:53 EST

The federal appellate court affirmed a ruling from the U.S. District Court for the Southern District of Indiana requiring an adult plaintiff accused of sexual misconduct in a university Title IX proceeding to litigate under his real name rather than a pseudonym.

Winston & Strawn Presses Forward with Hunter Biden Suit, Arguing for Communications with Democratic Donors

Thu, 16 Apr 2026 16:12:50 EST

The law firm alleges Hunter Biden went to Democratic Party donors to get his outstanding legal fees with the firm paid off, but now is refusing to turn over those communications during discovery.

SEC's Power to Force Fraudsters to Disgorge Gains Returns to U.S. Supreme Court

Thu, 16 Apr 2026 15:30:11 EST

The justices are expected to review the issue of whether the government must identify victims and their losses in order to secure disgorgement orders.

Selig Shrugs Off CFTC Vacancies, Vows to Keep Writing Rules

Thu, 16 Apr 2026 15:02:58 EST

The U.S. Commodity Futures Trading Commission, a five-member, bipartisan agency, has had four vacancies since December when Michael Selig became chair. President Donald Trump has yet to name any replacements.

Orkin Parent Ordered to Release 18,000 Workers From Noncompetes

Thu, 16 Apr 2026 11:49:33 EST

The Federal Trade Commission hopes its enforcement action has a chilling effect on the pest-control industry, where such agreements are common.