Supreme Court Docket Report, October Term, 2003 – Number 3

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.

The top ten largest class action settlements in securities cases in the U.S. have recouped tens of billions of dollars in damages.

On the morning of July 4, 2025, catastrophic flooding on the Guadalupe River took 135 lives across the Texas Hill Country. Twenty-eight of them—25 school-aged campers, two young counselors and the camp's co-executive director—were at Camp Mystic, a century-old girls' camp near Hunt.

A Fifth Circuit Court of Appeals ruling harshly criticizes a federal district judge for relying on AI-generated content in legal orders, revealing fabricated facts and poor legal analysis. The decision raises critical questions about the use of generative AI in legal practice and whether lawyers who adopt such technology are compromising their ethical obligations of competence, confidentiality, and integrity.

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.

A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga

Two federal courts have reached opposing conclusions on whether expert witnesses must disclose their AI prompts during discovery. While one court treats prompts as discoverable methodology, another protects them as mental impressions while requiring disclosure of AI-generated outputs the expert consulted.

A US federal court confirmed a $350 million arbitral award against the Republic of Georgia and enforced a contractual post-judgment interest rate of SOFR plus four percent, compounding monthly, rather than the lower statutory rate. The decision demonstrates how carefully drafted contractual language extending interest "after as well as before judgment" can result in substantially higher recoveries for creditors in international arbitration enforcement proceedings.

Concora Credit has agreed to pay $9.375 million to settle a TCPA class action lawsuit over wrong number robocalls, with prominent TCPA attorney Mike Greenwald securing another major victory. The settlement includes over $5 million for approximately 147,000 class members, $3 million in attorney fees, and a commitment to spend at least $1 million on TCPA compliance over three years.

An ICC tribunal has ruled in favor of Galp in its dispute with Venture Global over the Calcasieu Pass LNG facility, finding that Venture Global breached its obligation to declare the facility operational in a timely manner. This decision adds to a series of contrasting outcomes in similar disputes involving other buyers, with damages yet to be determined in a hearing scheduled for 2027 or 2028.

Climate disclosure regulations are among the most significant and complex challenges faced by companies and boards, with a variety of requirements emanating this year from numerous governmental authorities...

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.

The Department of Energy has launched a rulemaking process to implement new restrictions on foreign-sourced bulk-power system equipment, seeking industry input on critical issues ranging from equipment scope...

The Trump Administration has launched an unprecedented investigation into H-1B visa and PERM labor certification programs, with the Department of Labor's Office of Inspector General issuing dozens of subpoenas and suspending employers' ability to process applications. Federal agencies are deploying new enforcement tools including whistleblower programs and criminal prosecution threats...

O "Brasília em Pauta" é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF)...

Two federal courts have reached opposing conclusions on whether expert witnesses must disclose their AI prompts during discovery. While one court treats prompts as discoverable methodology, another protects them as mental impressions while requiring disclosure of AI-generated outputs the expert consulted.

The SEC Staff has issued new guidance addressing fair value measurement and disclosure practices for private credit and other illiquid assets held by registered funds and business development companies. As private credit portfolios have grown nearly 60% since 2020, reaching $270 billion, regulators emphasize the critical importance of robust valuation methodologies, transparent disclosure of significant judgments, and careful application of accounting standards when market prices are unavailable.

Singapore and Hong Kong continue to regulate artificial intelligence through existing laws and voluntary frameworks rather than comprehensive AI statutes, but the first half of 2026 has brought sharper emphasis on practical controls including agentic AI governance, assurance and testing, financial-sector oversight and cyber resilience. Both jurisdictions are building concrete expectations around risk management, transparency, human accountability and operational safeguards while avoiding horizontal AI legis

The European Union has adopted its 21st package of sanctions against Russia and Belarus, significantly expanding restrictions across finance, energy, crypto, and military-industrial sectors. This comprehensive package introduces 218 new designations, freezes the oil price cap, imposes stricter LNG controls, and closes loopholes while reinforcing measures to discourage third-party sanctions evasion. The sanctions also strengthen protections for EU operators and facilitate business exits from Russia.

Emerging providers of AI agents face unique contracting challenges as autonomous AI tools evolve beyond traditional SaaS models. This analysis examines critical issues in defining agent authority, structuring pricing models, calibrating warranties, and navigating regulatory uncertainty. How should providers balance customer expectations with the unpredictable nature of autonomous AI systems?