On June 20, 2025, the U.S. Supreme Court issued a decision in Diamond Alternative Energy, LLC v. Environmental Protection Agency, 606 U.S. ___, 145 S.Ct. 2121 (2025). The Supreme Court determined that fuel producers have Article III standing to challenge the EPA’s 2022 approval of California’s vehicle emissions standards and electric vehicle mandates under the…
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On June 5, 2025, the Supreme Court, in Ames v. Ohio Department of Youth Services, unanimously held that majority-group plaintiffs are not required to meet a heightened evidentiary standard of showing background circumstances to establish a prima facie case for reverse discrimination. 605 U.S. ___, 145 S.Ct. 1540 (2025). The plaintiff, Marlean A. Ames (“Ames”),…
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Artificial Intelligence is an emerging technology that rapidly has infiltrated all aspects of everyday life, including business and commerce. AI allows users to quickly perform and complete tasks that ordinarily would take substantial time, energy, and human effort to achieve a finished result. AI products are readily available to users, both in free, open source…
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On June 30, 2025, the United States Supreme Court invited the Solicitor General to submit the federal government’s views on whether it should hear Monsanto Co. v. Durnell, a case involving Bayer’s glyphosate-based herbicide, Roundup. The central legal issue concerns whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state failure-to-warn claims when product…
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Certificates of Merit serve a critical role in establishing professional liability claims against licensed design professionals. Texas is one of twelve (12) states that requires a plaintiff to file a Certificate of Merit with a lawsuit alleging professional negligence against architects, engineers, and other licensed professionals. This requirement arises out of the Texas’ legislature’s desire…
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In Atlas Electrical Construction, Inc. v. Flintco, LLC, 550 P.3d 881 (N.M. Ct. App. 2024), the Court of Appeals for New Mexico declared an arbitration provision in a contract, in which the contractor retained the exclusive right to choose the dispute resolution method, was so one-sided it was substantively unconscionable and unenforceable. Flintco, LLC (“Flintco”)…
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The number of brokerage firms in the United States continues to shrink, even as fee-only advisory firms gain momentum—a sign of how quickly the financial services industry is moving away from commission-based business models. According to the Financial Industry Regulatory Authority’s (FINRA) 2025 Industry Snapshot, the number of registered broker-dealers dropped to 2,840 at the…
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The Financial Industry Regulatory Authority, Inc. (“FINRA”) has published its 2025 Annual Regulatory Oversight Report (the “Report”). This year, the Report adds new topics relating to the third-party risk landscape, registered index-linked annuities and extended hours trading. The Report also includes new content on various topics from last year’s report, including cybersecurity, artificial intelligence (“AI”)…
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As President Donald Trump continues his ongoing trade wars, including tariffs, businesses are responding with massive layoffs to shoulder the increased cost of production. Mack Trucks, Volvo, General Motors and Estée Lauder are some of the employers that have announced layoffs, specifically citing the impact of the Trump Administration’s tariffs. Smaller employers are also laying…
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Artificial Intelligence (AI) is constantly revolutionizing industries, and claims handling is no exception. These advancements come with growing pains: the use of AI in claims determinations has become the subject of bad-faith litigation. Although AI is relatively new, the bad faith arguments are not. Bad faith lawsuits concerning the use of technology in claims handling…
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