“Plaintiffs lack a protectable First Amendment interest in speech that is prohibited by the Contractors Order because they lack an interest in speech that is prohibited by federal antidiscrimination law.” Denying a request by five organizations whose members include government contractors to preliminarily enjoin an executive order issued by President Trump in March 2026—which directs executive departments and agencies to ensure that agreements with contractors and subcontractors include…

The appellate panel split from other circuits in holding that the contracts are not swaps under the CFTC’s exclusive jurisdiction. Kalshi is asking the Sixth Circuit to rehear a case involving state oversight of sports-related event contracts. A panel of that court ruled that the contracts are not “swaps” and do not fall within the CFTC’s exclusive jurisdiction. According to Kalshi, rehearing or rehearing en banc is appropriate because the court split from sister circuits and erred in its…

The Trump administration should take a more active role in pre-deployment testing of AI (artificial intelligence) systems to prevent rogue AI from engaging in cyber attacks and other malicious activities or being used by hackers, according to Sens. Maria Cantwell (D., Wash.), ranking member of the Senate Commerce, Science, and Transportation Committee, and Mike Rounds (R., S.D.), chairman of the Armed Services Committee’s cybersecurity subcommittee. “Recent AI security incidents should serve…

The unauthorized disclosure of sensitive health information was akin to a breach of confidence or contract that courts have traditionally recognized as providing a basis for a lawsuit. The United States Court of Appeals for the Ninth Circuit has reversed and remanded the decision of the district court that dismissed a lawsuit after the lower court found that the unauthorized disclosure of private health information (PHI) did not constitute an injury-in-fact sufficient to confer Article III…

FinCEN credited a separate OCC civil money penalty of $750 against its $1.2 billion assessment. The Treasury Department announced coordinated enforcement actions imposing more than $1.21 billion in penalties against Bank of America in Bank Secrecy Act (BSA), anti-money laundering (AML), and sanctions matters. Treasury's Financial Crimes Enforcement Network (FinCEN) imposed a $1.2 billion civil money penalty but credited the bank’s $750 million OCC payment , leaving $450 million payable to…

Ordinary trademark-infringement judgments cannot include prejudgment interest because Congress expressly authorized that remedy only for intentional counterfeiting, the petition requests. An apparel seller has petitioned the Supreme Court to resolve a division among the federal appeals courts over whether the Lanham Act permits prejudgment interest in ordinary trademark infringement cases. The petitioner, TWD, LLC, challenges a Seventh Circuit ruling that added about $229,000 in prejudgment…

Discovery limited to Yardi’s software did not eliminate the need to examine landlords’ knowledge, communications, and conduct in the alleged rent-fixing conspiracy. The federal district court in Seattle, Washington lifted a stay of discovery against landlord defendants in an antitrust class action alleging that Yardi Systems, Inc., and its clients used revenue-management software to artificially inflate multifamily housing rents. The court concluded that initial discovery focused on Yardi’s…

The serviceman failed to establish that either contractor designed, manufactured, or supplied asbestos-containing materials to which he was exposed during military service. In an action brought by a former Air Force nuclear weapons specialist diagnosed with mesothelioma, a federal district court in Louisiana granted summary judgment to two contractors involved in the United States’ nuclear weapons program. The court found insufficient evidence that the insulation used in tritium shipping…

An outlier among other circuits that have considered the question, the Eleventh Circuit overruled its practice of imposing an administrative exhaustion requirement for ERISA breach of fiduciary duty claims. Revisiting its decision in Mason v. Continental Group, Inc. , 763 F.2d 1219 (11th Cir. 1985), which imposed a mandatory administrative exhaustion requirement for all statutory claims brought under ERISA, the Eleventh Circuit, sitting en banc , overruled Mason and its progeny to the extent…