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'Cannot stand': Washington US attorney 'purportedly fired' by Trump says president does not have the authority to remove a judge-appointed top prosecutor
President Donald Trump speaks in the James Brady Press Briefing Room at the White House after an unspecified threat at the annual White House Correspondents' Association Dinner in Washington, Saturday, April 25, 2026, as acting Attorney General Todd Blanche looks on...
Courts are Increasingly Tasked to Perform without the “Concertmaster.”
For most of my career I litigated in courtrooms populated by a judge, two litigants, two lawyers and a person dubbed the “court reporter” or “stenographer.” That person’s job was to record on paper the circus that hearings can become and...
CA9, 2-1: We Have A Magic Formula To Resolve Penn Central’s “Ad Hoc, Factual Inquiry” On 12(b)(6) In Every Case
The essence of the infamous three-factor Penn Central test for whether a restriction on the use of private property under the police power “goes too far” and is treated as a de facto exercise of eminent domain is the Court’s admonition that the...
OMB Extends Section 503 Data Collection Amid Pending Regulatory Changes
On July 16, 2026, the Office of Management and Budget (OMB) approved a three-year extension of the Office of Federal Contract Compliance Programs’ (OFCCP) information collection requirements under Section 503 of the Rehabilitation Act of 1973.The approval covers...
EEOC Votes on Proposed Rule to End EEO-1 Reporting
As we indicated in our June 4, 2026 article, certain employers may soon be relieved of the obligation to file EEO-1 Reports, as well as other reports (“EEO Data Reports”), with the federal Equal Employment Opportunity Commission (“EEOC”). On...
Federal Court Halts OBBBA TPS Work Authorization Changes, Preserving 540-Day Extensions
By: Dawn Lurie, John Mazzeo, and Alexander MadrakAs we noted last week, certain Temporary Protected Status (TPS) beneficiaries were set to lose work authorization tomorrow under the One Big Beautiful Bill Act (OBBBA). Earlier today, a federal court...
Enterprise AI Is Quietly Creating Its Own Standard Contract
One of the things I’ve noticed over the years is that every major technology shift eventually develops its own recognizable contract. It doesn’t happen overnight. In the early days, every agreement feels different because vendors are still figuring out how...
Todd Blanche Feared Judges Giving It To DOJ In Extremely Uncomfortable Place
The Trump administration is staffed almost exclusively by guys who saw Full Metal Jacket and decided to root for the drill sergeant. Obviously, that describes Pete Hegseth, whose whole persona is “Gunnery Sergeant Hartman attitude and Private Pyle...
Skadden Said Its Trump Deal Raised No Ethical Issues. Intel’s Shareholders Disagree.
There is a version of the Biglaw capitulation story where the nine firms that bent a knee to Donald Trump did some pro bono work on behalf of veterans, ate a news cycle, and moved on. That is the version the firms have been selling since jump, but the reality is quite...