Civil Law

Memorial Day 2026: Arlington National Cemetery And Takings

Programming note: On the weekend we’ve set aside to remember our nation’s war dead, we thought we’d repost this one, about how Arlington National Cemetery came to be,. And yes, there’s a takings story there.

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You know how we’re always saying that the provisions in the Takings Clause are “self-executing,” that even in the absence of a waiver of sovereign immunity, the Tucker Act, and section 1983, property owners would still be able to maintain a claim for compensation? … Read the rest

Civil Law

Event in Review | Ad Agency Contracts: Key Negotiating Points, Leverage, and Getting to Win-Win

Advertising agency agreements require careful balancing of legal risk, commercial realities, and long-term working relationships. In a recent webinar, Venable partner Barry M. Benjamin discussed how brands and agencies can structure agreements that support collaboration while addressing the unique issues that arise in creative services, media buying, influencer marketing, and promotions administration.

Whether you are negotiating an agency agreement for creative services, media buying, influencer marketing, or promotions administration, each area has particular concerns. Because difficult initial contract negotiations may … Read the rest

Civil Law

Fifth Circuit Says Telework is Not A Presumptively Reasonable Accommodation (US)

Since the COVID-19 pandemic forced many employees to temporarily work from home, employers have struggled to bring those remote employees back to the office. Since the return to business as (almost) usual, many employees have asked to extend their flexible teleworking arrangements, sometimes by requesting remote work as a disability accommodation. Those employees would do well to heed a recent Fifth Circuit decision, Hayes v. GStek, Inc., No. 25-30392 (5th Cir. May 8, 2026), which warns that “[t]he COVID … Read the rest

Civil Law

NYDFS says disparate impact remains in effect

Countering an Executive Order issued by President Trump  and the adoption by the CFPB of its final rule revising Regulation B, the New York Department of Financial Services recently issued an Industry Letter warning the financial institutions that it regulates that they must consider disparate impact when lending.

“Regulated Entities are reminded that under Section 296-a, covered credit decisions that result in a disparate impact may constitute an unlawful discriminatory practice,” the agency wrote in a letter to financial institutions.… Read the rest

Civil Law

CFPB Surprisingly Appeals Judge Davila’s Funding Decision to the Ninth Circuit

Just when the conventional wisdom seemed to be that the CFPB was no longer going to assert that it could not request funding from the Federal Reserve because of combined losses at the Federal Reserve Banks, things have once again been thrown into a cocked hat. On May 11, 2026, the CFPB filed a notice of appeal to the U.S. Court of Appeals for the Ninth Circuit seeking review of U.S. District Judge Edward Davila’s March 13, 2026 decision holding … Read the rest

Civil Law

Supreme Court Rules that Support of $100 a Month for a Child Can’t Be Enforced

That is an extreme title to an essay in 2026 when the median cost to raise a child in America is $ 1500 to $ 2000 a month depending on whose study you credit. But, the March 26 decision of the Pennsylvania Supreme Court appears to hold that a parent who professes he can’t find work gets to skate unless the trial judge finds the money “on him” in the context of a support proceeding.

Bredbenner v. Hall has been … Read the rest

Civil Law

UN Regulation and GTR on Automated Driving Systems: Current State of Play

International regulators are finalizing the first global safety standards for Automated Driving Systems (“ADS”). In January, the UN Working Party on Automated/Autonomous and Connected Vehicles (“GRVA”) approved a draft UN Regulation (“UNR”) under the 1958 Agreement and a draft Global Technical Regulation (“GTR”) under the 1998 Agreement, submitting both for adoption by the UN World Forum for Harmonization of Vehicle Regulations.

Developed in parallel to ensure harmonized technical requirements across jurisdictions, the UNR and GTR are expected to be adopted … Read the rest