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States Sue SEC in Ongoing Fight Over Reg BI
The U.S. Armed Services Board of Contract Appeals recently addressed whether a contractor is entitled to the recovery of monetary damages arising from a negative CPAR rating issued by the government. The Board's decision in...more
On August 25, 2025, the United States Court of Appeals for the Fifth Circuit issued an opinion in National Association of Private Fund Managers v. SEC addressing Securities and Exchange Commission (SEC or the “Commission”)...more
The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation...more
In the world of youth sports, few moments are as exhilarating as a home run in a championship game. For 12-year-old M.R. of Haddonfield, New Jersey, that moment became the center of a legal controversy that captured national...more
The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain...more
In Advanced Technology Systems Company v. United States, U.S. Court of Federal Claims, No. 25-515C (July 16, 2025), Advanced Technology Systems Company (ATSC) protested the Navy’s award of a contract for a nationwide maritime...more
On August 18, 2025, the United States District Court for the Northern District of Texas denied Plaintiff Elevance Health’s (“Elevance”) motion for summary judgment against HHS and CMS. Elevance’s lawsuit alleges that HHS and...more
The CFPB published an advanced notice of proposed rulemaking (ANPR) on Aug. 22, 2025, seeking comments and data to aid in the agency's reconsideration of its Section 1033 Open Banking Rule. This notice follows the CFPB's...more
The Ninth Circuit held that the Forest Service’s substantial reduction of a forest thinning project between the Draft and Final EAs did not require repeating the public comment process or considering new alternatives under...more
The Center for Biological Diversity (“CBD”) filed in the United States District Court for the District of Columbia a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Fish and Wildlife...more
The saga of the CFPB’s section 1071 small business data collection and reporting rule continues. Rise Economy, fka California Reinvestment Coalition (Rise), the National Reinvestment Coalition (NCRC), the Main Street Alliance...more
The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more
Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements...more
On May 30, the United States District Court for the Central District of California determined that judicial review of whether state response costs are recoverable under Section 107(a)(4)(A) of the Comprehensive Environmental...more
Over the first 100 days and beyond, the Trump Administration has deployed national security authorities in novel ways. Perhaps most notably, President Trump has asserted authority under the International Emergency Economic...more
Within the last month, three developments have rocked the Title IX world: the Eastern District of Kentucky’s decision in State of Tennessee v. Cardona, President Trump’s Executive Order restricting the federal definition of...more
On January 21, the Supreme Court heard arguments in a case addressing who may challenge Food and Drug Administration (FDA) marketing denial orders for new tobacco products....more
Yet again, the premium cigar industry has prevailed in federal court against the U.S. Food and Drug Administration (FDA). FDA appealed a federal district court decision vacating its rule (the Deeming Rule) subjecting premium...more
In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project...more
Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion vacating the Federal Trade Commission’s (FTC) Combating Auto Retail Scams Trade Regulation Rule (CARS Rule). The decision came in...more
On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the Biden administration’s 2024 Title IX regulations. The vacatur applies nationwide, meaning the 2020 Title IX final rule and Title IX...more
On January 9, 2025, the United States District Court for the Eastern District of Kentucky (the “Court”) issued a decision and order in Tennessee v. Cardona (the “January 9 Order”). Plaintiffs had sued the Department of...more
A federal court just blocked the sweeping Title IX rule finalized by the Biden administration last year – effectively wiping the entire rule off the books for all schools nationwide. Prior to Thursday’s ruling, schools across...more
The Federal District Court of Kentucky just issued a sweeping ruling vacating the 2024 Title IX Regulations that went into effect on August 1, 2024. The case, State of Tennessee v. Miguel Cardona, is one of numerous cases...more
On Jan. 2, 2025, the Federal Trade Commission (FTC or Commission) filed its opening brief with the Fifth Circuit Court of Appeals in Ryan LLC et.al. v. Federal Trade Commission, the case in which the plaintiffs are...more