Today's Legal Pulse
DOJ says Title VII disparate impact liability is unconstitutional
The Office of Legal Counsel concluded that disparate impact liability under Title VII violates the Constitution. The Department of Justice echoed this view, declaring employment disparate impact rules unconstitutional.
Also developing:
CMS Proposes 2.4% Medicare Boost for Inpatient Hospitals and Mandatory Joint‑replacement Model
The Centers for Medicare & Medicaid Services (CMS) announced a 2.4% increase in net payment rates for inpatient hospitals in fiscal year 2027, translating to roughly $1.4 billion more for acute‑care facilities. At the same time, CMS floated its first nationwide mandatory payment model aimed at curbing joint‑replacement costs, prompting pushback from hospital groups that say the raise falls short of rising expenses.
Fed Demands Detailed Private‑Credit Data From Top Banks, Targeting $1.8 T Market
The Federal Reserve has asked America’s largest banks to submit detailed information on their private‑credit holdings, a move aimed at gauging stress in the $1.8 trillion private‑credit market. The request follows a wave of redemptions from private‑credit funds and rising defaults,...
Do You Have a Strong Case? (Virtual Event with a Lawyer)
A live virtual case‑review event will be held on April 20 at 12 PM EDT, focusing on high‑skill immigration categories EB‑1A, EB‑2 NIW, and O‑1. Immigration attorney Gabriela Urizar of Manifest Law will lead the session, offering participants the chance to have...
California Judge Dismisses Elevance’s No Surprises Act Lawsuit Against HaloMD
A California federal judge dismissed Elevance Health’s lawsuit against HaloMD, which alleged a conspiracy to abuse the No Surprises Act’s Independent Dispute Resolution (IDR) process. Anthem Blue Cross claimed HaloMD filed over 1,500 IDR proceedings from January 2024 to August...
White House Report Shows Stablecoin Yield Ban Adds Just $2.1 B to Bank Lending
A White House Council of Economic Advisers (CEA) report released on April 8 estimates that prohibiting yield on stablecoins would increase total U.S. bank lending by just $2.1 billion – 0.02% of outstanding loans. The finding undercuts the Treasury and American...
Senate Reopens CLARITY Act Markup, Aims for April Vote Amid Crypto Market Surge
The U.S. Senate returned from recess on April 12 and reopened the markup window for the Digital Asset Market Clarity Act. Lawmakers aim to schedule a vote before the midterm election calendar, while the Senate Banking Committee will hold a...
FTC Negative Option Rule Draws Flood of Comments
The FTC’s deadline for comments on revising its negative‑option rule passed Monday, prompting a surge of feedback from telecom and broadband groups. The rule, which aims to stop unwanted recurring charges and simplify cancellations, is under review after a 2024...
Youths Who Sued Trump Over Orders to ‘Unleash’ Energy Try to Revive Case
A group of 22 youths filed *Lighthiser v. Trump* alleging President Trump’s executive orders promoting fossil‑fuel use violated their constitutional rights. A Montana district judge dismissed the case, saying the claimed injuries were too broad for judicial relief. The plaintiffs...
ISO 27914:2026: A New Potential Long‑Term Solution for Section 45Q Permanent Secure Geological Storage
The EPA’s proposed repeal of Subpart RR threatens the reporting foundation for Section 45Q carbon‑capture tax credits. ISO 27914:2026, released on April 1, 2026, fills the gap by offering detailed quantification, monitoring, reporting and verification (MRV) standards for permanent geological CO₂ storage. Treasury and...
21st Century ROAD to Housing Act: Impact on Large Institutional Investors
On March 10, 2026 the Senate passed H.R. 6644, the 21st Century ROAD to Housing Act, adding Section 901 that bars large institutional investors—those controlling more than 350 single‑family homes—from buying additional units. The provision also forces divestment of certain newly built,...
Appellate Students to Argue Before Esteemed Judicial Panel
Next Monday, my Appellate Practice & Procedure students (from @MercerLAWSchool) will have oral arguments at the Nathan Deal Judicial Center for their final exam. The panel will be yours truly, @JudgeCarla and @JudgeSaraDoyle. For now, I want to once again...
2026 340B Program Update – 340B Rebate Model RFI Comments Due and Manufacturers Continue Restricting 340B Pricing
The Health Resources and Services Administration (HRSA) has extended the comment deadline for its proposed 340B rebate‑model pilot to April 20, 2026, giving covered entities extra time to outline operational and financial impacts. At the same time, Eli Lilly and Novo Nordisk have instituted...
Mainland Chinese Woman Acquitted of Fraud over Using Fake Degree for Hong Kong’s Top Talent Visa
A mainland Chinese woman, Xu Lina, was found not guilty of conspiracy to defraud Hong Kong’s Top Talent Pass Scheme (TTPS) after a magistrate accepted that her agent may have submitted a false application on her behalf. Xu had paid...
Star Power, Legal Power: Lively V. Wayfarer and the Expanding Reach of FEHA
The federal court in New York allowed Blake Lively’s retaliation claim under California’s Fair Employment and Housing Act (FEHA) to proceed while dismissing her Title VII and whistleblower claims. The court classified Lively as an independent contractor, emphasizing economic reality over on‑set...
Opinion: ADA Rule Forces Schools to Rethink How They Publish Online
The U.S. Department of Justice’s updated Title II website accessibility rule takes effect on April 24, requiring public institutions serving more than 50,000 people to meet ADA‑compliant web standards immediately, while smaller entities have until April 26 2027. K‑12 districts, whose websites now serve...
Handbook European Civil Procedure
De Gruyter Brill has released a new handbook on European Civil Procedure, edited by Xandra Kramer, Stefaan Voet and Adriani Dori. The volume offers a three‑part roadmap: foundational EU principles and digitalisation, detailed litigation and dispute‑resolution mechanisms, and forward‑looking analyses of harmonisation...
Solicitor Who Falsely Recorded Time to Meet Targets Struck Off
Clare Elizabeth Forster, a clinical‑negligence solicitor at Hudgells, was struck off by the Solicitors Disciplinary Tribunal after falsifying 100 hours of billable time over five months to meet a 125‑hour monthly target. Despite evidence of mental‑health struggles and personal hardships,...
SRA Accused of “Stonewalling” Over Health Statistics
Solicitor Matthew Letts has accused the Solicitors Regulation Authority (SRA) of stonewalling his request for data on how often practising certificates are conditioned for health reasons. He filed the request under the SRA’s transparency code on 1 March 2026, seeking statistics since...
Family Law Market Expected to “Keep Growing by 6%”
The UK family law market grew 6.4% to £2.3 bn (≈$2.9 bn) in 2025 and is forecast to expand at roughly 6% annually, reaching £2.9 bn (≈$3.7 bn) by 2029. Case starts rose 2.9% to over 270,000, driven by financial‑remedy and private‑law Children Act...
ACCC Investigating Retailers Making Concerning Black Friday Claims
The Australian Competition and Consumer Commission (ACCC) is probing several retailers after its 2025 Black Friday sweep found that roughly half of the 50 examined retailers used misleading tactics, such as inaccurate countdown timers and overstated site‑wide discounts. The investigation...
News Wrap: Judge Dismisses Trump's Lawsuit Against WSJ for Story on Epstein Ties
A federal judge dismissed President Donald Trump’s $10 billion defamation lawsuit against The Wall Street Journal over a story linking him to Jeffrey Epstein. The WSJ article cited a sexually suggestive birthday letter that appears to bear Trump’s signature, which the president...
FCC Selects New Lead Administrator for U.S. Cyber Trust Mark Program
The Federal Communications Commission has named the ioXt Alliance as the new Lead Administrator for its U.S. Cyber Trust Mark program, a voluntary labeling scheme for consumer IoT security. The role tasks ioXt with coordinating stakeholder outreach, recommending enhanced cybersecurity...
Spirit Airlines Loses Fight Against TSA Fees on Canceled Flights
The 11th U.S. Circuit Court of Appeals ruled that Spirit Airlines must surrender $2.8 million in security service fees it retained from passengers who canceled flights. The panel held that under 49 U.S.C. § 44940, any amount collected must be remitted to the Transportation...
UBS Faces New Pressure on Nazi Accounts From Senate Panel Chair
U.S. Senate Judiciary Committee Chair Chuck Grassley has accused UBS Group AG of withholding key documents in its probe of Credit Suisse’s historic Nazi-era accounts, a case UBS inherited after its 2023 acquisition. A report by Neil Barofsky, the Credit...
IMLS Spared in Legal Battle—But Threat of Budget Cuts Looms
The Department of Justice settled a lawsuit by AFSCME and the American Library Association, preserving the Institute of Museum and Library Services (IMLS) after President Trump’s executive order sought its elimination. While the agency survived the legal challenge, the administration’s...
Is Biglaw Getting That ‘Uh Oh’ Feeling On The Economy?
Dorsey & Whitney managing partner Peter Nelson says biglaw firms aren’t panicking over a potential economic shock from the war in Iran, but are actively preparing. He notes that a downturn would likely hit profitable areas such as M&A, capital...
The FAA’s “Temporary” Flight Restriction For Drones Is A Blatant Attempt To Criminalize Filming ICE
The Federal Aviation Administration issued a 21‑month nationwide temporary flight restriction that bars any drone from flying within 3,000 feet of ICE or Customs and Border Protection vehicles. The rule, effective Jan. 16, 2026, carries criminal penalties and allows drones to be...
California High Court Reinforces Sliding Scale Arbitration Provision Unconscionability Analysis
The California Supreme Court ruled that the visual format of an arbitration clause does not determine its substantive unconscionability, but emphasized that courts must still examine legibility and context for fairness. The decision reaffirmed the sliding‑scale test, where a high...
Supreme Court Revives First Amendment Challenge to Colorado Conversion-Therapy Ban
The U.S. Supreme Court in *Chiles v. Salazar* held that Colorado’s ban on conversion‑therapy for minors regulates speech based on viewpoint, not merely professional conduct, and therefore demands strict First Amendment scrutiny. The ruling overturns the Tenth Circuit’s more deferential...
Navigating the New EAD Landscape: What HR Professionals Need to Know About Automatic Extension Changes, the One Big Beautiful Bill...
The Department of Homeland Security’s October 30 2025 interim final rule ends automatic extensions for employment authorization documents (EADs) filed on or after that date, while pre‑Oct 30 filings retain a 540‑day grace period. USCIS also reduced the maximum validity of several EAD...
Artists' Rights: Legal Guide Against Police Harassment
Artists tend to get harassed by the police a lot. The Afroman case is just one of a king string of examples. If you want to know how to leverage yiur rights as an artist and when you’re dealing with...
Court Orders OpenAI to Cut Off (for 3 Weeks) ChatGPT Access by Mentally Ill and Dangerous User
A California Superior Court judge issued a temporary restraining order that forces OpenAI to suspend a specific user’s ChatGPT access for three weeks, pending a May 6 hearing. The user, described as mentally ill and dangerous, allegedly used the model...
What’s Next for the FTC? A Look at the 2026–2030 Strategic Plan
The Federal Trade Commission unveiled its 2026‑2030 Strategic Plan, reaffirming a three‑pronged mission to curb unfair or deceptive practices, police anticompetitive conduct, and boost operational efficiency. The plan restores the long‑standing “without unduly burdening legitimate business activity” language, easing industry...
Proposal Will Require Federal Grant Recipients to Certify DEI Compliance Requirements to Register with System for Award Management
The federal government proposes adding new certifications to the System for Award Management (SAM) registration, forcing grant recipients to attest compliance with antidiscrimination laws and to certify they will not recruit illegal aliens or fund terrorism. The change expands the...
'The Wall Street Journal' Trumps Trump In Defamation Case-Pending Appeal
A federal judge dismissed former President Donald Trump’s defamation lawsuit against The Wall Street Journal, finding no evidence of actual malice in the paper’s reporting on a birthday letter to Jeffrey Epstein. Trump’s media arm, Trump Media & Technology Group,...
NAB Makes Its Case to Gomez Advisors
The National Association of Broadcasters (NAB) met with Commissioner Anna Gomez’s staff on April 9 to argue for eliminating FCC market caps on radio ownership. NAB highlighted that AM/FM’s share of listening time has dropped to 32%—a 40% decline since 2014—and...
Incoming From Delaware: Unclaimed Property VDA Program Invitation Notices Have Been Sent Out
On April 10, 2026 the Delaware Secretary of State mailed Voluntary Disclosure Agreement (VDA) invitation notices to businesses identified as potentially non‑compliant with the state’s unclaimed‑property law. Holders have a strict 90‑day window to enroll; failure triggers a referral to the Department...
EXCLUSIVE: Alberta to Ban Vapes if New Bill From UCP MLA Passes
Alberta United Conservative Party MLA Chelsae Petrovic has tabled Bill 208, the Vaping Reduction Act, which would prohibit single‑use vaping products across the province. The proposal arrives amid Health Canada data showing that roughly one‑fifth of Canadians who quit smoking...
GOP Lawmaker Threatens Lawsuit Over NY Voter Rolls
An election-denying Republican member of Congress is targeting New York’s voter registration process — demanding records and threatening legal action over familiar, unproven narratives about voter fraud. https://www.democracydocket.com/news-alerts/election-denying-gop-lawmaker-anti-voting-group-target-new-yorks-voter-registration-system/
NZXT Agrees to Let Customers Keep Their Rental PCs in Class-Action Settlement
NZXT and its billing partner Fragile have agreed to a $3.45 million settlement to resolve a class‑action lawsuit over the Flex PC rental program. The deal covers 19,322 customers and includes a cash fund, a $923,117 debt‑forgiveness pool, and the option...
SEC Grants DeFi Frontends Temporary Safe Harbor
The SEC just gave DeFi frontends a meaningful signal: if you're not custodying assets or executing orders, we won't come after you. Most detailed safe harbor yet. But it's not a rule, it expires in 5 years, next administration can...
Microsoft Moves to Dismiss ChatGPT Plus Price Lawsuit
Microsoft seeks to throw out lawsuit from ChatGPT Plus subscribers alleging its agreement with OpenAI led to inflated prices. https://t.co/emPYAsAhCp
Why Has Marijuana Not Been Rescheduled? The Answer Is Obvious, Kinda
President Trump issued an executive order to move cannabis from Schedule I to Schedule III, yet the Department of Justice has not finalized the rule after more than three months. A senior Trump adviser and GOP operative Roger Stone has publicly urged...
Ignorance Won’t Defeat a Trespassing Charge
turns out you can not beat a trespassing charge by pleading "i know not what i do"
Tax Pros Spreading Misinformation Discourages Needed Extensions
Misinformation is one of the biggest drivers in the pushback against extensions. And sometimes? It's perpetuated by tax pros. I have several taxpayers who need an extension bc of their situation (think FBAR, estates, etc.). Other tax pros are trying to scare...
BIS Imposes $1.6 Million Civil Penalty in Enforcement Action Involving Unlicensed Exports to Entity List Parties
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) imposed a $1.6 million civil penalty on Solventum Corporation for exporting EAR99 liquid‑cel membrane contactors to Entity List firms without the required licenses. The violations involved shipments to Semiconductor Manufacturing...
Industry Coalition Urges EU to Revise Methane Rules
A coalition of energy companies, chemical makers and trade associations are asking the European Union to urgently consider changes to the bloc’s upcoming regulations on methane emissions https://t.co/vpb6gn9eJJ
Seeking Objective Breakdown of AB 2624 and Its Influences
.@grok please explain AB 2624 objectively; as well as who proposed it and their base of donors and the impact that might have
Trump Media Company Drops Lawsuit Against the Guardian
Trump Media and Technology Group (TMTG) has voluntarily dismissed its defamation lawsuit against The Guardian and two other defendants. The claim stemmed from a March 2023 Guardian report that federal prosecutors were probing $8 million in payments TMTG received from entities...
FMCSA Instability: 12 Administrators Since 2020
For those wondering why the FMCSA has been ineffective, just look at this list. They have changed acting administrators 12 times since 2020 and 8 times since 2024 https://t.co/cCRMOoSqoP