The Presumption of Innocence Podcast: Episode 82 - Is Qui Tam Unconstitutional? The False Claims Act's Constitutional Reckoning
The Presumption of Innocence Podcast: Episode 77 - The Shadow Docket: Supreme Court Decisions That Shape America
The Future of the FTC: in the Hands of the Supreme Court
Meeting the Moment: How Lawyers Can Unite to Protect Democracy and the Rule of Law - On Record PR
The post-Jarkesy litigation landscape is developing as anticipated. Litigants are increasingly invoking the Supreme Court’s decision in SEC v. Jarkesy (No. 22-859) to challenge the constitutionality of state administrative...more
Confronted with public controversy surrounding insider trading in prediction markets, the United States Senate has taken action both symbolically powerful and substantively modest: it has prohibited its own members, officers...more
In a decision addressing the scope of constitutional challenges to agency action, the US Court of Appeals for the District of Columbia Circuit affirmed a district court’s injunction barring an investigation by the US...more
BGH rejects claims for early combustion engine phase-out and clarifies the limits of judicial intervention, legislative discretion and corporate responsibility. On 23 March 2026, the German Federal Court of Justice...more
The Supreme Court just agreed to hear a case that will decide whether the US Department of Labor (DOL) is allowed to impose financial penalties on agricultural employers for alleged violations of the H-2A temporary visa...more
A New York State Supreme Court judge has ordered the restitution of “Seated Man with a Cane” (1918) by Amedeo Modigliani to the heirs of Oscar Stettiner, a Jewish art dealer who fled Paris in 1939 as Nazi forces advanced,...more
A distinguished groups of retired judges* filed an amicus brief supporting Judge Pauline Newman’s Petition for Certiorari over the unwillingness of the Court of Appeals for the D.C. Circuit to rule on her complaint regarding...more
On today’s episode of AD Nauseam, Amy and Daniel unpack the Fifth Circuit’s Intuit decision, which vacated an FTC cease‑and‑desist order and held that the FTC’s administrative process violates constitutional...more
If your business paid duties under the International Emergency Economic Powers Act (IEEPA) tariffs imposed in 2025, you may be entitled to a refund. On February 20, 2026, the U.S. Supreme Court in Learning Resources, Inc....more
Building on Section 8 of the December 2025 Executive Order, the Trump administration’s “National Policy Framework for Artificial Intelligence,” (the “Framework”) released on March 20, 2026, provides a formal legislative...more
The Third Circuit recently heard oral argument on the ongoing question regarding the constitutionality of the qui tam provision of the False Claims Act (FCA)....more
The Financial Industry Regulatory Authority's (FINRA) enforcement framework is again under scrutiny, as Boustead Securities, Sutter Securities, and former CEO Keith Moore filed a constitutional challenge in the U.S. District...more
On March 20, the Fifth Circuit Court of Appeals held that the administrative adjudication of deceptive advertising claims by the Federal Trade Commission (FTC) violates the constitutional separation of powers, which grants...more
Federal contractor Anthropic PBC was recently the subject of social media “directives” issued by the President and the Secretary of War that sought to designate the company a supply chain risk following unsuccessful...more
OVERVIEW The Supreme Court’s Feb 20, 2026, decision holding that the International Emergency Economic Powers Act (IEEPA) (50 U.S.C. §§ 1701–1707) does not authorize the President to impose tariffs is best understood not as a...more
The course of the proceedings involving the attempts to remove Judge Pauline Newman from the Federal Circuit is long, and in many senses tragic (see links below). Just when you might think the last Act has begun (see “Judge...more
On March 20, 2026, the US Court of Appeals for the Fifth Circuit delivered a major decision in Intuit, Inc. v. FTC, holding that the Federal Trade Commission’s internal administrative adjudication of deceptive advertising...more
In Friday's decision in Intuit, Inc. v. Federal Trade Commission, the Fifth Circuit considered a question with wide-ranging implications: May enforcement actions brought by the Federal Trade Commission (FTC) against companies...more
The U.S. Court of Appeals for the Fifth Circuit seemingly handed the Federal Trade Commission (FTC or the Commission) yet another setback, this time squarely in the agency’s bread‑and‑butter area of false advertising...more
In a significant decision with wide-ranging implications for FTC enforcement on Friday, the U.S. Court of Appeals for the Fifth Circuit vacated the FTC’s cease-and-desist order against Intuit, Inc. and held that the agency’s...more
A US Court of Appeals for the Third Circuit panel heard oral argument on March 18, 2026 in an appeal of a 2025 District of New Jersey decision upholding a jury verdict in favor of qui tam relators, presenting an opportunity...more
The course of the proceedings involving the attempts to remove Judge Pauline Newman from the Federal Circuit is long and in many senses tragic (see links below). Last week the latest, and likely last, Act of this sad drama...more
Four minority- and women-owned Texas small businesses and a minority contractor trade association filed suit against Acting Texas Comptroller of Public Accounts Kelly Hancock on March 2, 2026, alleging that the comptroller...more
At Legalweek 2026, one of the most consequential conversations did not focus on AI roadmaps, platform consolidation, or the future of litigation workflows....more
No, we’re good. Florida’s Second District Court of Appeal has confirmed what land use lawyers have been saying for decades: zoning hearings are still quasi‑judicial. Back in August 2024, we wrote in “Zoning Appeals: Have We...more