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Whiteford

Client Alert: The SEC Won Every Round on Its “Gag Rule.” Then It Quit.

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Parties do not usually surrender after they win. On May 18, 2026, the Securities and Exchange Commission did. For fifty-four years, the SEC conditioned nearly every enforcement settlement on one promise: the defendant...more

Skadden, Arps, Slate, Meagher & Flom LLP

U.S. Trade Court Strikes Down Section 122 Tariffs, but Ruling’s Fate Is Uncertain and Practical Impact Is Limited

On May 7, 2026, a divided three-judge panel at the U.S. Court of International Trade (CIT), in Oregon v. United States and Burlap and Barrel, Inc. v. United States, invalidated the Trump administration’s 10% tariff imposed...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - May 2026

A federal court decision finding that sugar content does not make a beverage less "nutritional," a bill that would allow FDA to destroy imported food products that pose a significant risk to public health, a complaint...more

Goodwin

SEC Ends Long-Standing No-Admit/No-Deny Policy

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On May 18, 2026, the U.S. Securities and Exchange Commission (SEC or Commission) announced the rescission of its decades-long policy of requiring settling defendants/respondents to agree not to deny the allegations or...more

King & Spalding

First Choice SCOTUS Opinion Provides Opportunity for Early Subpoena Challenges

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On April 29, 2026, the Supreme Court unanimously decided First Choice Women’s Resource Centers, Inc. v. Davenport, Attorney General of New Jersey, No. 24-781. First Choice, a religious nonprofit that provides services for...more

Sheppard

ISS Challenges Indiana’s New Proxy Advisor Disclosure Law

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We previously covered Texas’s proxy advisor disclosure statute and reported that a federal court enjoined enforcement of the Texas law before it took effect. Indiana has now enacted a nearly identical statute, and ISS has...more

Troutman Pepper Locke

Methods For Challenging State Civil Investigative Demands

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When a client receives a civil investigative demand, or CID, or equivalent subpoena from a state attorney general, the first question is always some version of “how can we move to quash this subpoena?” Our team’s reaction...more

Troutman Pepper Locke

SEC Formally Rescinds ‘No Deny’ Settlement Policy and Says It Won’t Enforce Existing Gag Provisions

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On May 12, we wrote about the U.S. Securities and Exchange Commission’s (SEC) longstanding “no‑deny” settlement policy heading “for a crossroads” at the Office of Management and Budget (OMB) and the Supreme Court. That...more

Franczek P.C.

Supreme Court Declines Review in Case Involving Teacher Fired Over Disruptive Facebook Posts

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In August 2025, we reported on a victory for Township High School District 211 in former teacher Jeanne Hedgepeth’s case challenging her dismissal over divisive comments posted on her social media account. (School District...more

Pillsbury - SeeSalt Blog

Beyond Water’s-Edge: California’s Proposal to Include Captive Insurers Raises Overlooked Constitutional Issues

On February 10, 2026, Assembly Bill 1790 (AB 1790) was introduced in the California Legislature. Although recently placed in the suspense file, AB 1790 could still be put up for a vote this budget cycle or influence later...more

Hicks Johnson

A New Petition-Stage Tool at the Texas Supreme Court

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The Supreme Court of Texas’s short per curiam disposition this Friday in Noyes v. State ex rel. Voges involved a serious constitutional challenge to a lifetime firearm restriction imposed through a protective order. The Court...more

Holtzman Vogel Baran Torchinsky & Josefiak

Sarah Isgur - Last Branch Standing: Inside the Court That Everyone Gets Wrong

Jan Baran sits down with Sarah Isgur, author of the New York Times bestseller Last Branch Standing, for a wide-ranging conversation about law, campaigns, and the Supreme Court. Sarah draws on her experience in opposition...more

Benesch

Who Cares About the Wires: Texas Federal Court Rules that Certain Wire Fraud Charges Violate Due Process in Tax Case

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On May 6, 2026, U.S. District Judge Karen Gren Scholer of the Northern District of Texas dismissed 13 wire fraud counts against four defendants accused of running a $1 billion tax shelter scheme....more

Clark Hill PLC

Right To Know - May 2026, Vol. 41

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Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

McGuireWoods LLP

Monitor Upcoming Negotiations of Education Department’s AIM Committee to Inform Public Comments on Accreditation Amendments

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Stakeholders negotiating sweeping amendments to federal accreditation regulations proposed by the U.S. Department of Education (ED) will begin their final negotiation session on Monday, May 18, 2026. A week-long effort in...more

McDermott Will & Schulte

April 2026 alcohol industry update: Home distilling heads for a showdown as states loosen alcohol rules

April 2026 brought significant legal and regulatory developments for the alcoholic beverage industry, including a landmark US Court of Appeals for the Fifth Circuit decision striking down the federal home distilling ban and...more

Cooley LLP

SEC Looking to Rescind Enforcement’s “Gag Rule”: Four Things to Know

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Last week, the SEC had this pop up on OIRA’s regulatory dashboard: “Rescission of Policy Regarding Denials in Settlements of Enforcement Actions.” It’s listed there as a “final rule” and not a “proposal” – so it looks like...more

Holtzman Vogel Baran Torchinsky & Josefiak

Hawaii Governor Signs First-of-Its-Kind Legislation to Circumvent Citizens United; Legal Challenges Expected

On May 14, 2026, Hawaii Governor Josh Green signed constitutionally suspect legislation designed to circumvent the U.S. Supreme Court’s landmark free speech decision in Citizens United v. FEC by depriving corporations and...more

Phelps Dunbar

SCOTUS Rules Redistricting Plans Must Meet Updated Voting Rights Act Standards

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States, political subdivisions and government entities engaged in or preparing for redistricting should reassess their legal strategy in light of a recent Supreme Court decision. In a landmark 6–3 ruling in Louisiana v....more

Pierce Atwood LLP

March/April 2026 Law Court Roundup: Dentists and Vodka and Weed, Oh My!

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Welcome to our second roundup of recent notable Law Court decisions (our previous roundup for January and February of 2026 is available here). Lots of interesting stuff here on legal topics as far-ranging as qualified and...more

Arnall Golden Gregory LLP

Hot Potato: The OCC and Courts Battle Out the Fate of the Illinois Interchange Fee Prohibition Act

On April 29, 2026, the OCC, a division of the federal Department of the Treasury that regulates nationally chartered banks, issued an interim final rule and order declaring that federal law preempts Illinois’ hotly contested...more

Akerman LLP

On this day, eight years ago...

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This week marks the anniversary of the landmark Murphy v. NCAA decision, when the Supreme Court of the United States struck down the Professional and Amateur Sports Protection Act (PASPA), a 1992 federal law that prohibited...more

Vorys, Sater, Seymour and Pease LLP

10th District Declares Key Provisions of HB 126 Unconstitutional

On April 28, 2026, the Tenth District Court of Appeals found unconstitutional the restrictions imposed on non-property owners seeking to increase property tax valuations. In so holding, it reversed the dismissals by the...more

McDermott Will & Schulte

This Week in 340B: May 5 – 11, 2026

Find the week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary...more

Robinson Bradshaw

Empire Contractors v. Town of Apex and the Importance of Individual Factual Inquiries in State Class Actions

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The North Carolina Supreme Court’s recent decision in Empire Contractors, Inc. v. Town of Apex, 923 S.E.2d 516 (N.C. 2025), highlights the importance that individual fact issues can play at the class certification stage,...more

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