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Federal Circuit Opens Split Over Paralegal Reimbursement Under EAJA

Client Alert | less than 1 min read | 01.12.07

In a 2-1 decision which rejected a decision of another circuit, Judges Dyk and Rader in Richlin Security Serv. Co. v. Chertoff (Fed. Cir. Dec. 26, 2006) held that, under the Equal Access to Justice Act, prevailing parties can only recover the actual cost to the parties' law firms of paralegal services, not the market rates billed by the firms. Judge Plager in dissent found an analogous Supreme Court precedent convincing and argued that a prior Federal Circuit decision had already held to the contrary, requiring en banc reconsideration.

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Client Alert | 7 min read | 05.27.26

Colorado Hits Reset on AI Regulation: SB 26-189 Repeals and Reenacts the Colorado AI Act

Colorado’s original AI Act (SB 24-205), signed in May 2024, imposed broad obligations on developers and deployers of “high-risk AI systems” — including requiring risk management programs, impact assessments, and affirmative steps to prevent algorithmic discrimination across employment, housing, lending, insurance, health care, and education decisions. The operative date for SB 24-205 was extended twice, and a court temporarily suspended enforcement in early 2026, following a lawsuit filed by xAI, which the U.S. Department of Justice (DOJ) intervened to support. Industry feedback on SB 24-205 was generally negative. In response to this environment, Colorado’s legislature undertook a rewrite, drafting and passing SB 26-189 in a matter of weeks. SB 26-189 reflects the legislature’s effort to preserve the policy goal of filling the AI oversight vacuum given the lack of a comprehensive federal law, but within a more workable compliance framework....