News & Insights

STATE REGULATORS PRESS FINRA FOR CLEARER RULES ON SOCIAL MEDIA AND AI AS THE SRO WEIGHS LOOSER PRE-APPROVAL REQUIREMENTS

A group of state securities regulators is urging FINRA to set firmer expectations for how broker-dealers supervise social media posts and AI-generated content, even as the self-regulator considers giving firms more flexibility in reviewing communications with retail investors. The North American Securities Administrators Association was among the commenters that filed letters last week before the…
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U.S. FOREST SERVICE RESCINDS ROADLESS AREA CONSERVATION RULE

On August 20, 2026, the U.S. Forest Service published a proposed rule to rescind the 2001 Roadless Area Conservation Rule across approximately 44.7 million acres of inventoried roadless land within the National Forest System, which is roughly 23 percent of the system’s total acreage. The 2001 rule established a nationwide prohibition on road construction and…
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GEORGIA COURT OF APPEALS REINFORCES HIGH BAR FOR VACATING ARBITRATION AWARDS

In Rescigno v. Realmark SCB, LLC, the Court of Appeals of Georgia addressed a dispute arising from the arbitration provision of a residential construction contract between Tracy Rescigno (“Rescigno”) and Realmark SCB, LLC (“Realmark”). See 932 S.E.2d 402 (Ga. Ct. App. 2026). The contract was initially executed on July 12, 2021, with Douglas Davis (“Mr….
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MINNESOTA SUPREME COURT HOLDS HOMEOWNER’S NEGLIGENCE DAMAGES CAN EXTINGUISH CONTRACTOR’S MECHANIC’S LIEN

In Sustainable 9, LLC v. Coleman, the Minnesota Supreme Court held that a homeowner may use damages caused by a contractor’s negligent construction as a recoupment defense against the contractor’s mechanic’s lien when both claims arise from the same construction project. Because the homeowner’s negligence damages exceeded the amount of the contractor’s mechanic’s lien, the…
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FORD MOTOR COMPANY TO PAY $2.3 MILLION TO SETTLE EEOC RACE AND NATIONAL ORIGIN HARASSMENT CHARGE THROUGH CONCILIATION

On September 1, 2026, Ford Motor Company (“Ford”) and the U.S. Equal Employment Opportunity Commission (“EEOC”) jointly announced that Ford will pay $2.3 million to settle a 2021 charge alleging employees at its Buffalo, New York stamping plant were made to endure racially charged graffiti. The EEOC’s investigation of the charge found reasonable cause to…
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WRONG CLASSIFICATION, VALID CONTRACT: ALABAMA SUPREME COURT CLARIFIES CONTRACTOR LICENSING LAW

As a matter of first impression, the Alabama Supreme Court held that a general contractor’s failure to obtain a required Municipal and Utility (“MU”) classification before entering into a construction contract does not automatically render the contract void. Construction Services, LLC v. RAM-Robertsdale Subdivision Partners, LLC, No. SC-2025-0774, 2026 WL 1755510 (Ala. June 18, 2026)….
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NINTH CIRCUIT UPHOLDS WASHINGTON CARBON-ALLOWANCE PROGRAM AGAINST DORMANT COMMERCE CLAUSE CHALLENGE

In PacifiCorp v. Sixkiller, No. 24-4803, 2026 WL 2277099 (9th Cir. Aug. 7, 2026), the Ninth Circuit affirmed dismissal with prejudice of PacifiCorp’s challenge to Washington’s Climate Commitment Act (“CCA”). PacifiCorp argued that the Washington State Department of Ecology violated the Dormant Commerce Clause through enforcement of decarbonization requirements under the CCA by providing no-cost…
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FIFTH CIRCUIT HOLDS UNILATERAL ARBITRATION PROVISION IN CONSTRUCTION CONTRACT UNENFORCEABLE UNDER LOUISIANA LAW

In MAPP, L.L.C. v. Floor and Decor Outlets of America, Inc., the United States Court of Appeals for the Fifth Circuit affirmed the denial of a motion to compel arbitration, holding that an arbitration provision giving the project owner sole discretion to elect arbitration was adhesionary and unenforceable under Louisiana law. Floor and Decor Outlets…
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