The fact that the district court twice referred to the Moody framework as “supposedly” required calls into question whether the judge even tried in good faith to follow the law. The Fifth Circuit vacated a preliminary injunction that had barred enforcement of legislation enacted by the State of Mississippi designed to keep Mississippi public education funds from being spent on diversity, equity, and inclusion (DEI) initiatives. The plaintiffs filed a pre-enforcement facial challenge, claiming…

Both letters suggest the SEC is obliging the crypto industry. Two comment letters urge the SEC to repropose or outright withdraw Regulation Crypto Assets, the proposed framework for non-security crypto assets subject to an investment contract. A group of law professors known as the “Shadow SEC” says that while the proposal does some things right, it suffers from two fundamental overreaches when it carves out crypto assets from certain registration and disclosure rules. Better Markets says that…

Bipartisan legislation that would aim to prevent foreign adversaries from stealing U.S.-developed AI (artificial intelligence) technology was introduced yesterday in the House. The AI Cyber Defense Act (H.R. __, 119th Cong. (2026)), authored by Reps. Pat Harrigan (R., N.C.) and George Whitesides (D., Calif.), would direct the National Institute of Standards and Technology to develop voluntary standards to prevent “distillation attacks” that result in the copying of closed-weight AI models…

Consumers in putative class action met pleading requirements for breach of warranty, but some state law issues were dismissed. A group of six consumers who purchased juices from Joe & The Juice at locations throughout the United States adequately pleaded that the company had breached the express warranty to overcome the company’s motion to dismiss the claim in a putative class action based on the alleged misrepresentation of the olive oil ingredient listed on the drink’s menu, a federal…

Additional investments worth no more than one percent of capital and surplus could avoid both prior approval and after-the-fact notice under specified conditions. The New York Department of Financial Services has proposed repealing and replacing its current banking regulation governing investments in operating subsidiaries and other entities (3 NYCRR Part 14) with a risk-based framework for bank investments in operating subsidiaries and other entities. According to a regulatory impact…

The court found ownership of the software was transferred in the acquisition agreement. Software developers who sold an artificial intelligence market-research platform could not pursue copyright and Digital Millennium Copyright Act claims against the purchaser because the acquisition agreement transferred ownership of the software at signing, a federal court in New York held. The court also found that an unjust-enrichment claim was preempted by federal copyright law. However, the court…

The court rejected the price-cost test in favor of the rule of reason because the evidence suggested price was not the predominant exclusion mechanism. The FTC and state attorneys general survived a motion for summary judgment in their ongoing antitrust dispute with multiple Syngenta entities in connection with the Syngenta Crop Protection, LLC crop pesticides rebate loyalty program, known as the Key Active Ingredients or “Key AI” program. The federal district court in Winston-Salem, North…

The gasoline maker failed to establish that the trial court abused its discretion in upholding the jury’s compensatory damages award or that the award violated due process. In an action brought against a gasoline manufacturer by a man who developed leukemia after occupational exposure to gasoline decades earlier, the Pennsylvania Superior Court affirmed a judgment against Exxon Mobil Corporation. The manufacturer’s claim that the $725 million compensatory damages award was excessive and…

According to the school psychologist, she considered the term to be a derogatory term for white women. A school secretary’s reference to a white psychologist as a “Karen” prior to a meeting with an assistant principal, together with the assistant principal’s aggressive behavior toward the psychologist at the meeting, was not enough to constitute adverse employment action, a federal court in New York held, granting summary judgment against the psychologist’s Title VII race discrimination claim.…