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Interstate Commerce

Benesch

Delivery Network Carrier Models and the Evolution of Last-Mile Residential Delivery

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Last-mile transportation operations are continuing to grow despite the revocation of de minimis customs treatment. E-commerce retail and the demand for swift dependable deliveries are here to stay. In short, last-mile...more

Ervin Cohen & Jessup LLP

The Hidden Cost of Fine Print: A Warning to Employers Drafting Arbitration Agreements

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The recent appellate decision in Villalobos v. Maersk, Inc. et al. delivers a potent warning to California employers regarding the limits of arbitration agreements and the need for careful drafting, particularly for...more

Dorsey & Whitney LLP

The Supreme Court Update - October 20, 2025

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On October 20, 2025, the Supreme Court of the United States granted certiorari in three cases: Flower Foods, Inc. v. Brock, No. 24-935: This case addresses the scope of a Federal Arbitration Act (“FAA”) exemption, which...more

Foley & Lardner LLP

Will the Supreme Court Continue Expanding the Reach of the Federal Arbitration Act’s Transportation-Worker Exclusion?

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As the U.S. Supreme Court begins its new term, several employment-related petitions await the Court’s consideration. One of those petitions is Flower Foods v. Brock, which follows a 2024 decision by the Court and involves...more

Thompson Coburn LLP

Supreme Court Grants Certiorari to Review Important Federal Transportation Preemption Issue

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On Friday, October 3, the Supreme Court granted certiorari in Montgomery v. Caribe Transport II, LLC, et al., No. 24-1238, setting the stage for the Court’s resolution of a vitally important issue to the U.S. freight...more

Benesch

Every Victory is a New Beginning: U.S. Supreme Court Agrees to Consider Freight Broker Liability

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On Friday, October 3, 2025, the United States Supreme Court announced that it will provide vital guidance regarding the extent to which freight brokers are liable for alleged negligence in selecting motor carriers that...more

Haug Partners LLP

Tariffs, Trade, and Executive Power: How the Federal Circuit May Reshape Tariff Policy

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On August 29, 2025, the U.S. Court of Appeals for the Federal Circuit held that the International Emergency Economic Powers Act (“IEEPA”) does not authorize the President to unilaterally impose broad, economy-wide tariffs on...more

Bradley Arant Boult Cummings LLP

The Not So Dormant Commerce Clause

Few areas of law have been able to expose the contradictions of federal cannabis policy quite like the Dormant Commerce Clause. The Constitution’s long-standing rule against state economic protectionism has recently found...more

McCarter & English, LLP

Robinson-Patman Act Case Roundup: Regulatory Uncertainty and Private Litigation Trends

The Federal Trade Commission (FTC) is sending mixed messages about how aggressively it intends to enforce the Robinson-Patman Act (RPA). During the Biden administration, the agency filed its first two RPA complaints in over...more

Morrison & Foerster LLP

Federal Court Declines to Enjoin California Climate Disclosure Laws

On August 13, 2025, the U.S. District Court for the Central District of California declined to enjoin California’s two major climate disclosure bills, the Climate Corporate Data Accountability Act (SB 253) and the...more

Pillsbury - Gravel2Gavel Construction & Real...

R-E-C-I-P-R-O-C-I-T-Y ~ Find Out What It Means to You (Updated August 2025)

The question frequently arises for participants in a nationwide construction contracting industry. Simply stated, is a licensed contractor in good standing in State A permitted to offer to contract for or to perform work...more

Shook, Hardy & Bacon L.L.P.

Proposition 12 in the Crosshairs—Again: With Cert Denied in IPPA and a New Federal Lawsuit Filed, the Legal Battle Continues

It has been just over a year since the U.S. Supreme Court rebuffed a challenge to California’s controversial Proposition 12, which prohibits the sale of certain meat products within the state unless the animals were raised...more

Troutman Pepper Locke

Indian Tribe Fights With ATF Over Applicability of PACT Act to Its Cigarette Sales

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In 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) placed Twenty-Nine Palms Band of Mission Indians (Twenty-Nine Palms), a federally recognized Indian tribe that sells cigarettes on sovereign reservations...more

Benesch

Water Carrier Statutes and Regulations - FMCSA Says "Goodbye" Through Regulatory Reforms

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Water carriers have a moment of clarity on the horizon. An area of conflict between legal jurisdiction and technical obligations is being settled through Trump Administration regulatory reforms....more

Jackson Lewis P.C.

The Potential For One Long Moratorium on AI Regulation

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The federal budget bill titled One Big Beautiful Bill aims to unharness artificial intelligence (AI) development in the U.S. The current draft of the bill, which has passed the House, proposes a 10-year moratorium on the...more

Benesch

Final-Mile Delivery and Nature of Commerce - The Most Important Legal Question Providers Struggle to Answer

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The growth of final-mile package deliveries, especially to residential delivery following the global pandemic, raises important legal questions about the transportation service performed by delivery drivers and their...more

Benesch

A Primer on U.S. Non-Continuous Domestic Trade

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The U.S. inland waterway system is a critical and underutilized component of the domestic supply chain that serves intrastate commerce and non-contiguous markets originating in or destined for Alaska, Hawaii, and U.S....more

Fox Rothschild LLP

Court Upholds CSA, but Cannabis Businesses Still Have Deduction Options

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A recent 1st U.S. Circuit Court of Appeals ruling upheld a lower court decision that the Controlled Substances Act (CSA) does not violate federal law. The decision stems from Canna Provisions’ lawsuit against the government...more

Constangy, Brooks, Smith & Prophete, LLP

AI and Employment

When evaluating where artificial intelligence has had the most impact, many think of their personal use of AI or the integration of AI into many consumer applications. The use of AI in the employment context is on the back...more

Venable LLP

Reconciliation Bill Would Create New FERC Siting Regime for Petroleum, Hydrogen, and Carbon Dioxide Pipelines

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On May 11, the House Committee on Energy and Commerce released its proposed energy provisions for inclusion in the budget reconciliation package, including several provisions that could dramatically reform the federal...more

Dorsey & Whitney LLP

The Supreme Court Update - March 3, 2025

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Today, the Supreme Court of the United States granted certiorari in one case: Barrett v. United States, No. 24-5774: A jury convicted Dwayne Barrett of robbery under the Hobbs Act, 18 U.S.C. § 1951, which prohibits...more

Mintz

California Climate Disclosure Laws Survive Significant Challenge

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Judge Wright (C.D. Cal.) has significantly narrowed the Chamber of Commerce's lawsuit challenging California's climate disclosure laws. (These disclosure laws mandate disclosure of Scope 1, Scope 2, and Scope 3 greenhouse...more

Offit Kurman

Sports Betting in the Workplace: Ensuring the Super Bowl and March Madness Don't Cause Legal Madness and Super Problems

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It’s the season for sports betting excitement, with the Super Bowl upon us and March Madness just around the corner. Your employees are likely buzzing with talk of squares, brackets, and maybe even some secret side bets....more

Vicente LLP

Virginia’s ‘Total THC’ Hemp Law Upheld by Fourth Circuit: What It Means for the Hemp Industry

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On January 7, 2025, the Fourth Circuit Court of Appeals issued its long-awaited decision in Northern Virginia Hemp & Agriculture v. Commonwealth of Virginia, holding that Virginia could implement “total THC” standards for...more

Bradley Arant Boult Cummings LLP

How Will the Cannabis World Look When Marijuana Is Rescheduled?

A few weeks ago, someone at a holiday party asked “Whitt, why doesn’t Budding Trends take on the weighty legal issues of the day and instead resort to cheap pop culture references and puns?” I thought about responding with a...more

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