National Law Journal

OSHA, States Step Up Scrutiny of Workplace Exposure to Heat Hazards

Tue, 12 May 2026 09:08:11 EST

An OSHA rule proposed under President Joe Biden has stalled, but the agency is using its existing powers to issue more fines. And a growing number of states are jumping into the fray.

Supreme Court Helps Alabama Revert to Challenged Congressional Map

Mon, 11 May 2026 22:00:50 EST

The U.S. Supreme Court on Monday evening lifted a court order requiring Alabama to use a congressional map that included two majority-Black districts, allowing the state to revert to an old one found to discriminate against by Black voters by a federal district court.

Trump Administration Rule Removes Conservation as Public Land Use

Mon, 11 May 2026 18:20:48 EST

Conservation leaves land “idle while it should be used for commercial purposes, the U.S. Interior Department stated.

DC Judge Set to Hold Hearing on Elon Musk's Effort to Settle $150M SEC Suit for $1.5M

Mon, 11 May 2026 17:41:55 EST

Before approving a consent decree that would have Elon Musk paying $1.5 million to resolve a Biden-era enforcement action, the court must consider "the legality of the decree, whether it resolves the claims in the complaint, and whether it was tainted by improper collusion or corruption," U.S. District Judge Sparkle Sooknanan wrote in a minute order.

Virginia Democrats Turn to Supreme Court in Last-Ditch Effort to Preserve New Gerrymander

Mon, 11 May 2026 17:30:54 EST

The Virginia Supreme Court "overrode the will of the people who ratified the amendment by ordering the Commonwealth to conduct its election with the congressional districts that the people rejected," top Virginia Democrats told the U.S. Supreme Court in an emergency appeal Monday.

Trump Taps Ex-Personal Attorneys for Bench, Raising Recusal Questions

Mon, 11 May 2026 17:29:18 EST

“Considering the kind of representation that you've provided President Trump ... I would say that in any case involving President Trump's personal interests, you should recuse yourself, because it is very clear where your loyalties lie, Sen. Mazie Hirono, D-Hawaii, told judicial nominee Justin Smith.

US Judge Blocks FTC Subpoenas Targeting Gender-Affirming Care Advocacy Groups

Mon, 11 May 2026 14:28:35 EST

"The Society is the latest casualty in some Executive Branch agencies' bid to investigate hospitals, medical providers and charitable organizations that support transgender health," U.S. District Chief Judge James Boasberg wrote in an opinion preventing the Federal Trade Commission from demanding sensitive records from the Endocrine Society as the litigation plays out. Boasberg also granted extraordinary relief to nonprofit plaintiff World Professional Association for Transgender Health in a separate case against the FTC alleging unlawful retaliation.

DC Law Firms in Q1 Lagged Behind Industry in Revenue Growth Amid Softer Regulatory Demand

Mon, 11 May 2026 14:18:49 EST

Despite softened demand, lawyer head count growth for D.C. firms outpaced the industry. Some D.C. firms are hiring based "on demand from last year that is not currently justified by the numbers,” noted Wells Fargo's Owen Burman.

3rd Circuit Revives Session Replay Suits Against Bass Pro Shops, Offering Roadmap for Standing

Mon, 11 May 2026 14:14:44 EST

So far, plaintiffs raising claims over session replay software have largely stumbled at the standing phase, with courts finding that merely alleging one's online movements have been tracked is not enough to establish a claim.

Lit-Funder Burford Capital Asks Supreme Court to Shield It From Discovery

Mon, 11 May 2026 13:45:15 EST

Third-party litigation funder Burford Capital has turned to the high court to prevent document discovery related to its financing of antitrust claims against German truck manufacturers.

John Quinn Steps Down From Quinn Emanuel Leadership

Sun, 10 May 2026 00:11:35 EST

Quinn, who co-founded Quinn Emanuel Urquhart & Sullivan in 1986, made the sudden announcement to partners on Sunday.

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.