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Executive Order 14281: The End of Fair Lending Law Enforcement Through Use of the Disparate Impact Legal Theory?
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The Presumption of Innocence Podcast: Episode 65 -The Power of Interpretation: Constitutional Meaning in the Modern World
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RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATES - Campaign Finance & Lobbying Compliance Massachusetts: The Massachusetts senate unanimously passed a bill expanding disclosure requirements for statewide ballot question...more
Key Takeaways: Sixth Circuit FCA precedent remains intact. The Sixth Circuit declined to entertain constitutional challenges to the FCA’s qui tam provisions, emphasizing that binding circuit precedent forecloses arguments...more
In a not all that surprising development for those who monitor Chairman Carr’s pronouncements, the FCC’s Media Bureau today released a “Guidance on Political Equal Opportunities Requirement for Broadcast Television Stations”...more
Lively v. Wayfarer Studios LLC, 2026 WL 145483 (S.D.N.Y. Jan. 20, 2026), is the latest in a long line of discovery and other decisions in this matter. The court wrote: “Before the Court are various requests for sealing and...more
For more than five decades, the SEC’s “no admit, no deny” (NAND) settlement policy has served as an important script for its enforcement program. Under Rule 202.5(e) of the SEC’s Rules of Practice, defendants and respondents...more
On Jan. 19, 2026, the attorneys general (AGs) of Florida and Texas released separate formal legal opinions asserting that certain diversity, equity, and inclusion (DEI) and affirmative action measures in the private and...more
When analyzing any case filed pursuant to 42 U.S.C § 1983, it’s important to always remember what the elements of such a claim are and analyze whether a plaintiff’s complaint sufficiently alleges a breach of those elements....more
The National Labor Relations Board (“NLRB” or “Board”) has resumed operations after a prolonged period without a quorum, restoring its ability to decide cases and issue precedent. Yet the Board’s narrow composition, looming...more
Texas’s Attorney General just issued a sweeping 74-page Opinion that calls into question the legality of many Diversity, Equity, and Inclusion (DEI) initiatives across the state in both public and private sectors, including...more
Thanks to a new law passed last year, California employers will need to provide written notice to each employee advising them of their constitutional rights when interacting with law enforcement at work by February 1. Enacted...more
The Consumer Financial Protection Bureau (CFPB) will receive a new infusion of funding which was announced by the CFPB’s Acting Director, Russell Vought, who is also the Director for the Office of Management and Budget....more
After nearly three and a half hours of argument last week in West Virginia v. B.P.J. and Little v. Hecox—consolidated cases challenging state laws barring transgender girls and women from female-designated sports teams—a...more
The Mandatory Victims Restitution Act (MVRA), enacted in 1996, requires defendants convicted of certain federal crimes to pay monetary restitution to the victims. Defendants convicted of crimes that occurred prior to the...more
The U.S. Department of Justice (“DOJ”) announced last week that settlements and judgments under the False Claims Act (“FCA”) exceeded $6.8 billion in fiscal year 2025—a record-breaking figure and the highest in a single year...more
Since returning to office in January 2025, the Trump administration has taken steps to shift federal AI policy away from the regulatory approach adopted by the Biden administration....more
On January 14, 2026, the United States Department of Justice’s (“DOJ”) Civil Rights Division filed a federal suit seeking to strike down the State of Minnesota’s affirmative-action program in a challenge that could have...more
Texas Attorney General Ken Paxton (R) issued an Opinion titled “‘Diversity, Equity, and Inclusion’ in Texas” on the Martin Luther King, Jr. holiday. In the 74-page Opinion, AG Paxton takes aim at DEI policies and initiatives...more
The US Department of Justice (DOJ) has announced that recoveries from False Claims Act (FCA) settlements and judgments in fiscal year 2025 exceeded $6.8 billion, the highest annual amount in FCA history and more than double...more
On January 20, 2026, the Supreme Court of the United States issued three decisions: Berk v. Choy No. 24-440: This case involves state “affidavit of merit” statutes that require certain types of lawsuits, like medical...more
The much-anticipated appellate showdown regarding the constitutionality of the whistleblower (or qui tam) provision of the federal False Claims Act (FCA) took place before a three-judge panel of the Eleventh Circuit Court of...more
The U.S. District Court for the District of Columbia on January 8, 2026, rejected arguments by two former investment advisers that they could be permanently banned from the securities industry only after a jury trial....more
Assume the citizen of a municipality donates his art collection to the municipality, not outright but in charitable trust, for display in a public museum. The city council constitutes a six-citizen “board” and delegates to...more
On January 12, the CFPB received a petition from a nonprofit law firm urging the Bureau to rescind Regulation C, 12 C.F.R. § 1003, and Appendix B to Part 1003. ...more
On December 19, 2025, just eight days after President Trump issued an executive order titled “Ensuring a National Policy Framework for Artificial Intelligence” to challenge burdensome state laws that regulate artificial...more
On January 9, the CFPB notified the U.S. District Court for the District of Columbia that, in compliance with the court’s December 30, 2025, order, CFPB Acting Director Vought submitted the Bureau’s required funding request...more