Today's Legal Pulse

Biden sues DOJ to block release of interview audio
President Biden filed a lawsuit seeking to prevent the Department of Justice from publishing an audio interview, arguing the release would be improper. The action has sparked political commentary, including remarks from former President Trump.
Also developing:
By the numbers: Hogan Lovells and Cadwalader clear final merger hurdles

Hot Take on the Endangerment Repeal
The EPA announced a final rule to repeal its 2009 finding that greenhouse gases endanger human health and welfare. The agency argues the original finding exceeded its authority and should be a congressional decision, invoking the Major Questions Doctrine. Critics note the move directly challenges the Supreme Court’s Massachusetts v. EPA ruling, which mandated EPA to regulate greenhouse gases under the Clean Air Act. Industry stakeholders, including oil and utilities, appear lukewarm, suggesting the repeal may face legal and political resistance.

Tampered ELDs the Focus of CVSA’s Annual Roadcheck
The Commercial Vehicle Safety Alliance (CVSA) announced that false‑log violations stemming from electronic logging device (ELD) tampering will be classified as an out‑of‑service violation effective April 1. Its annual International Roadcheck, scheduled for May 12‑14, will place special emphasis on detecting ELD...

Lawmakers Urge DHS to Exempt Health Care Workers From H-1B Visa Fee in AHA-Supported Letter
A bipartisan group of 100 lawmakers, led by Reps. Yvette Clarke and Michael Lawler, sent a letter to the Department of Homeland Security urging an exemption from the $100,000 H‑1B filing fee for health‑care workers. The request is backed by...

Rental Fee Transparency and the Software Test for Property Managers
Regulators are shifting fee‑transparency from a best‑practice suggestion to enforceable law, with the FTC warning rental‑software providers and states mandating upfront disclosure of all mandatory charges. Property managers must now display administrative, amenity and move‑in fees consistently across listings, emails...

Netherlands to Levy 36% Tax on Bitcoin Gains
Today, the Dutch parliament has decided to approve the tax on realized gains. That means: 36% on realized gains on #Bitcoin, and stocks. This will be going in practice on the 1st of January 2028. Complete insanity. What does this exactly mean? Well,...

CK Hutchison Escalates Legal Battle Over Panama Ports Ruling
CK Hutchison Holdings has invoked a bilateral investment treaty as Panama’s Supreme Court moves to deem the 1997 law that underpins its Balboa and Cristóbal terminal concessions unconstitutional. The pending ruling threatens to make the ports’ operations illegal, prompting the...

Proposed EU Digital Networks Act Would Mandate Radio in New Cars
The European Commission’s draft Digital Networks Act (DNA) would require every new passenger vehicle sold in the EU to include a radio receiver capable of digital (DAB+) and analog broadcasts. The proposal aims to preserve terrestrial radio as a public‑safety...

Watchdog Flags Gaps in Coast Guard’s Handling of Discrimination Complaints
The Government Accountability Office released a report highlighting gaps in the Coast Guard’s handling of discrimination complaints, known as social climate incidents. The GAO identified 112 reported incidents from fiscal 1998‑2024, 79% of which involved race or ethnicity, with more...

Anna’s Archive Ignores Court Order and Starts Making Stolen Spotify Files Available to Torrent
Anna’s Archive, a piracy activist group, has begun seeding roughly 2.8 million Spotify tracks—about 6 TB of audio—via its torrent index, despite a New York court injunction and a $13 trillion lawsuit filed by Spotify and major labels. The leak follows a massive...

Italy's Pay Transparency Decree: A Turning Point for Equal Pay
On 5 February 2026 Italy’s Council of Ministers approved a draft legislative decree to transpose the EU Pay‑Transparency Directive (2023/970) into national law, with a June 7 2026 deadline for full implementation. The decree anchors equal‑pay assessments to the classifications set out in national...

Judge Dismisses Missouri Lawsuit Against Starbucks’ DEI Practices
A federal judge in the Eastern District of Missouri dismissed the state’s lawsuit accusing Starbucks of discriminatory DEI practices. The court found the complaint speculative and lacking concrete demographic data to show harm to white, male, or heterosexual applicants. Missouri’s...

Student Loan Complaints Hit Record High, CFPB Finds — but the Watchdog Agency Omits Details
Federal student‑loan borrowers filed a record 18,400 complaints to the CFPB for the year ending June 2025, a 36% increase over the prior year. The agency’s 21‑page report, released in January, omitted the detailed breakdown of complaint types, servicers involved, and...

SCOTUSblog Founder Tom Goldstein Denies Tax Fraud Charges in Jury Trial Testimony
Tom Goldstein, co‑founder of SCOTUSblog and veteran appellate lawyer, testified in his federal white‑collar criminal trial in Maryland. He acknowledged mistakes in tax filings but denied the criminal tax‑fraud allegations brought by prosecutors, who say he failed to report $2.7 million...

Today’s Podcast Episode: A Sea Change in New York Consumer Protection Law: Inside the FAIR Act
The New York State Fair Business Practices Act (FAIR Act) was signed in December 2025 and becomes effective on February 17, 2026, marking the first major overhaul of General Business Law § 349 in five decades. The legislation expands the scope...
Personal Guarantees Threaten Your Assets—Test Before Signing
One of the most terrifying moments for @billda happened in a deal we did together. He was sitting in his car in a parking lot, hands shaking, staring at a letter. Our main supplier—80% of the SKUs—was terminating us. And he was...

Recent Case Highlights Need for Employers to Strictly Comply with Background Check Rules
A California Court of Appeal ruled that applicants can sue for violations of the Investigative Consumer Reporting Agencies Act (ICRAA) without proving actual harm, awarding statutory damages of $10,000 or more. The decision arose from Parsonage v. Wal‑Mart, where the...

OFCCP Poised to Produce Contractors’ EEO-1 Data Following Losses in Litigation
The Ninth Circuit ruled in July 2025 that the Office of Federal Contract Compliance Programs (OFCCP) must disclose consolidated EEO‑1 reports for federal contractors covering 2016‑2020. After a series of FOIA lawsuits by the Center for Investigative Reporting, OFCCP abandoned...

SEC Enforcement Division Director Assures of Continued Vigilance
SEC Enforcement Division Director Margaret “Meg” Ryan addressed concerns about a perceived lull in enforcement during a February 11, 2026 speech. She reaffirmed the division’s commitment to vigorously enforce securities laws, emphasizing transparent processes, a focus on case quality over...

US Attorney Appointed by Federal Judges in New York Abruptly Fired by Trump Administration
Donald T. Kinsella, a 79‑year‑old veteran litigator, was appointed U.S. attorney for the Northern District of New York by a panel of federal judges. Hours later, a White House email informed him he was being removed, and Deputy Attorney General...

After 25 Years, California Should Rethink Citizen Bond Oversight Committees
California’s Proposition 39 created citizen bond oversight committees (CBOCs) to add accountability to school‑facility bonds, but two‑decades of experience show they have not uncovered fraud. Annual audits remain compliance‑focused, while most fraud cases surface through law‑enforcement or targeted state investigations. The...

Shut Up Sooner
In this episode, the host reveals how AI analysis exposed his habit of dominating client consultations with four‑minute monologues, prompting a shift to a 30‑second speaking rule. He explains the power of brief pauses and targeted questions to foster client...

What Do You Think About Physician Noncompete Agreements?
Physician non‑compete agreements are back in the spotlight as the FTC signals a targeted crackdown on contracts it deems unreasonable, rather than pursuing a sweeping federal ban. The debate pits practice protection against clinician mobility and continuity of care. Medical...

NAD Says T-Mobile Ad Misled on Free In-Flight Wi-Fi Claim
The National Advertising Division (NAD) ordered T‑Mobile to modify ads that suggested Verizon customers could face $147 per month in in‑flight Wi‑Fi charges, a claim the regulator deemed misleading. T‑Mobile’s calculation compared its free GoGo Wi‑Fi perk to an assumed Verizon...
FDA’s Prasad‑Era: Rules Shift, Rare‑Disease Drugs Stalled
This week's Biotech Scorecard newsletter: The old Vinay Prasad never left. He just changed jobs Submissions to the FDA are handled by teams of reviewers, of course. But when I look across all of these recent cases, I see a...

IAB Sends 'Direct Buy Addendum' To Public Comment
The Interactive Advertising Bureau (IAB) released the Direct Buy Addendum v1.0 along with updated General and Special Terms for digital advertising agreements, opening a 45‑day public comment window that runs through March 31. The framework is designed to replace bespoke contracts with...

A.I. Documents Deemed Not Privileged
A U.S. District Judge in New York ruled that a Texas financial‑services executive cannot claim attorney‑client privilege over 31 documents he created with an artificial‑intelligence tool. The judge found the AI outputs were not communications with counsel, lacked confidentiality, and...

Text, History, and Party Presentation
The Supreme Court is increasingly emphasizing the party presentation principle, which holds that litigants control the issues, arguments, and evidence presented to the court. Recent decisions in United States v. Sineneng‑Smith and Clark v. Sweeney rebuked appellate courts for introducing...

AI Is Booming for Social Platforms – but so Is Regulation
Social platforms are experiencing a revenue surge, with YouTube reporting $60 billion and Reddit posting a 70 % YoY increase in Q4. At the same time, regulators worldwide are moving to restrict under‑16 access, as Australia bans it and the EU, US,...

Epic in the Crosshairs
The episode recaps the ASTP Annual Meeting, highlighting its role as the premier gathering for health‑tech and interoperability stakeholders and noting the scarcity of concrete announcements. The most significant insight came from a surprise panel on Information Blocking featuring the...

Regulator-First AI: Vivox Brings Atomic Workflows to Compliance Operations
Vivox AI offers a regulator‑first compliance platform that automates repetitive first‑line tasks using atomic workflow steps, ensuring each action is auditable and explainable. The solution, live in about 100 countries, targets fintechs, payments firms and digital banks struggling to scale...

Deposing the Sorcerer’s Apprentice
President Trump created the Department of Government Efficiency (DOGE) and installed Elon Musk as its temporary head. Musk announced that his team dismantled the U.S. Agency for International Development (USAID) over a weekend, prompting a lawsuit alleging violations of the...

Statutory Sick Pay and the Future of Payroll (Webinar)
The UK Employment Rights Act 2025 introduces day‑one statutory sick pay and removes the lower earnings limit, reshaping payroll compliance. Employers must adjust payroll systems within the first 12 months to accommodate immediate SSP payments and altered eligibility for part‑time...

8am Expands LawPay Into Full Financial Management Platform for Law Firms, with Payments, Billing and Reporting
8am has upgraded its LawPay platform into a full‑service financial management solution for law firms, adding invoicing, time‑tracking, expense management, and real‑time reporting to its existing payments engine. The new offering features Smart Spend, an automated expense tool powered by...

Delaware Supreme Court Affirms D&O Coverage in Merger Settlement Despite ‘Bump-Up’ Exclusion
The Delaware Supreme Court affirmed that Harman International’s $28 million merger settlement is covered under its directors‑and‑officers (D&O) policy, despite the insurers’ reliance on a “bump‑up” exclusion. The court applied a two‑step test, accepting that the underlying securities claim alleged inadequate...

SEC to Issue Token Taxonomy Guidance Under CLARITY Act
NEW: 🇺🇸 Paul Atkins says the SEC is preparing token taxonomy guidance tied to the CLARITY Act and reaffirmed that the U.S. aims to lead as the global crypto capital through clear rules and innovation. Sources: Paul Atkins & Bryan Steil...

French Gov: Resilience Reserve Created “Unprecedented Wave” Of Reinsurance Captives
France’s 2023 resilience reserve has sparked an unprecedented wave of reinsurance captives, now underwriting more than €200 million in gross premiums. The government’s provision mirrors Luxembourg’s successful equalisation model but offers slightly less generous terms, creating a tax‑efficient, regulated pathway for...

New Nacha Rules, New Risks: Key Takeaways for Controllers Focused on Supplier Bank Verification
Recent Nacha rule updates now require repeatable, provable verification of supplier bank accounts, shifting the focus from intent to defensibility. Controllers relying on email confirmations, phone callbacks, and ad‑hoc checks face heightened exposure as fraudsters employ AI‑generated communications. The webinar...

Legal and Compliance Readiness Plunges Amid Growing Regulatory and Cyber Threats
The 2026 Litigation Trends Survey from Norton Rose Fulbright shows a steep decline in litigation preparedness, with confidence among U.S. general counsel dropping from 46% in 2024 to 29% in 2025. The dip aligns with regulatory uncertainty following the shift...

Limited Risk Disclosure Updates Despite Political and Economic Volatility
Deloitte and USC’s Peter Arkley Institute released its fifth‑year analysis of S&P 500 risk‑factor disclosures, finding that average page counts rose to 14.3 and risk‑factor totals to 32. Despite SEC reforms aimed at trimming disclosures, 56% of firms added pages and 37%...

Global Real Estate Set to Be Rewired by Digital Dollars
Digital stablecoins are being positioned as an operating system for global real‑estate finance. Projects like TransactionCOIN aim to replace wire transfers with instant, blockchain‑settled payments for deposits, closings, and rent. By compressing settlement cycles from weeks to minutes, stablecoins could...

Why “This Is Unfair” Isn’t a Retaliation Claim
A federal appeals court ruled that an FAA employee’s retaliation claim failed because his internal grievance did not allege unlawful discrimination, and therefore was not protected activity under Title VII. The court emphasized that only complaints that challenge discrimination, not...

Phillipson: Updated EHRC Code ‘Does Not Apply to Workplaces’
Women and equalities minister Bridget Phillipson told a meeting with nurse Jennifer Melle and health minister Karin Smyth that the Equality and Human Rights Commission’s revised code of practice applies only to services, associations and public functions, not to workplace...

Runaway Jury Awards: The Rise of Nuclear Verdicts
In this 1:47 Expert Viewpoints clip, Claims Journal’s Allen Laman interviews Pragatee Dhakal, Director of Product Strategy and Enablement at CLARA Analytics, about the surge of "nuclear verdicts"—jury awards that dwarf economic damages. They explore how social inflation, emotionally charged...

Former Latham & Watkins Secretary Barred After Stealing £53k From Top Lawyer
Aminata Pungi, a former legal secretary at Latham & Watkins, was convicted of stealing £53,000 from partner Thomas Forschbach and received an 18‑month suspended prison sentence. The Solicitors Regulation Authority subsequently barred her from practising law under a Section 43 order, requiring prior written permission...

Rethinking Creative Fairness Under the UK’s New Automated Decision-Making Rules
The UK Data (Use and Access) Act 2025 replaces GDPR Article 22 with Section 80, easing restrictions on fully automated decision‑making (ADM) while defining "meaningful human involvement" and "significant" effects. The new safeguards only trigger when decisions rely on special categories of...

Worker Sues American Airlines After FMLA Leave Branded 'Timecard Fraud'
Mayra Bonilla, a former American Airlines customer service agent, filed a federal lawsuit alleging the carrier labeled her approved FMLA leave as "timecard fraud" and terminated her after a 30‑minute discrepancy. Bonilla claims she followed an ADA‑coordinated procedure for acute...

China’s Wingtech Faces Setback as Dutch Court Keeps Nexperia CEO Suspended, Orders Probe
A Dutch court upheld the suspension of Nexperia’s former CEO Zhang Xuezheng and ordered a six‑month governance investigation, signaling a setback for Chinese parent Wingtech. The ruling keeps a court‑appointed temporary director in place and maintains share control by a...

FTC Chair Accuses Apple News of Bias Against Conservative Outlets
FTC Chairman Andrew Ferguson sent a formal warning to Apple CEO Tim Cook, alleging political bias in the Apple News app. The complaint relies on a Media Research Center study showing right‑leaning outlets such as Fox News, Breitbart and The...

FCC Sets Requirement to Promptly Update FCC Registration Numbers – No Need to Panic, But Licensees Should Ensure All FCC...
The FCC has finalized a rule requiring all users of the Commission Registration System (CORES) to update their FCC Registration Numbers (FRNs) within ten business days of any contact‑information change. The regulation, introduced in a robocalling proceeding, replaces the vague...

Can a Citizen Petition Denial Turn a Warning Letter Into Final Agency Action? The Curious Case of Hybrid Pharma
The Southern District of Florida held that a denial of a citizen petition transforms the underlying FDA warning letters into final agency action, allowing judicial review. Hybrid Pharma sued after the FDA refused to rescind two warning letters and the...