Analysis

In Hush Money Case, Jury May Choose To Keep Silent, Too

By Cara Salvatore

Though Donald Trump's gag order violations have earned him a threat of jail time, First Amendment experts say jurors in the New York case will likely be free to speak their mind afterward if they want to — a dynamic that in rare instances has led to posttrial controversy.

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Analysis

3 Things To Know About CFTC's Election Betting Proposal

By Jessica Corso

The U.S. Commodity Futures Trading Commission has proposed to ban the trading of event contracts tied to things like election outcomes, sporting events and the Academy Awards. Here are three things to know about a proposal that is likely to be closely watched by industry insiders, some of whom are already wrapped up in litigation with the agency over this very issue. 

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Split High Court Allows La. To Use Revised Election Map

By Katie Buehler

The U.S. Supreme Court ruled Wednesday that Louisiana can use its revised congressional map during the 2024 election cycle, pausing a federal judicial panel's ruling that lawmakers likely violated the U.S. Constitution when they redrew the state's map to address voter dilution claims and created a second majority-Black voting district.

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Anti-Trans Groups Fail To Block Wash. Youth Shelter Law

By Greg Lamm

A federal judge on Wednesday threw out a lawsuit filed by two anti-transgender groups challenging a Washington state law intended to ensure shelter for teens seeking gender-affirming care or reproductive health services, ruling that speculating on possible injury was not enough to clear a standing hurdle.

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Trump Taking Criminal Gag Order Appeal To NY's High Court

By Lauren Berg

Former president Donald Trump wants New York's highest court to review a gag order intended to stop him from criticizing witnesses and others involved in his criminal fraud trial, according to a docket entry Wednesday, just a day after a lower appellate court refused to overturn the order.

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House Dems Launch Task Force To Address High Court 'Crisis'

By Courtney Bublé

A group of House Democrats on Wednesday launched a task force seeking to bring more transparency and accountability to the U.S. Supreme Court.

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NY Magistrate Judge, SD Law Partner OK'd For District Courts

By Courtney Bublé

The Senate voted 51-42 on Wednesday to confirm Magistrate Judge Sanket Jayshukh Bulsara to the Eastern District of New York and 61-33 to confirm Eric C. Schulte, partner at Davenport Evans Hurwitz & Smith LLP, to the District of South Dakota.

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Texas Judge Won't Halt County's Electioneering Restrictions

By Madeline Lyskawa

Newly-crafted electioneering rules in Palo Pinto County, Texas, can stay in place as conservative activists pursue an interlocutory appeal of an order denying their motion to block the rules' implementation, a Texas federal judge has ruled.

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Ga. Says Plaintiffs Firing Blanks At Controversial Voting Law

By Chart Riggall

In a slew of filings Monday, the state of Georgia renewed its urging that a federal judge grant the state a win in one of the most wide-ranging challenges to its 2021 election voting overhaul bill, arguing that the plaintiffs can't marshal "any competent evidence" to support their suit.

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Arrested Ga. Lawmakers Say 'Disruption Statute' Is Overbroad

By Kelcey Caulder

Attorneys for U.S. Rep. Nikema Williams, state Rep. Park Cannon and several Georgia residents who were arrested for protesting in the rotunda of the Georgia State Capitol in 2018 and 2021 told the Georgia Supreme Court on Wednesday that the law used to justify their arrests is unconstitutionally overbroad.

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Fla. Suit Alleging Race Bias In New Voting Districts Proceeds

By David Minsky

A Florida federal court has ruled that a lawsuit by five Tampa-area citizens accusing state officials of using race to redraw two new voting districts in their region can proceed, saying the residents do not claim vote dilution and are not required to allege a discriminatory effect.

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'Pissed Off,' 'You Need To Go': Reps Rip FDIC's Gruenberg

By Jon Hill

Federal Deposit Insurance Corp. Chairman Martin Gruenberg took withering, bipartisan criticism over his agency's workplace misconduct scandal at a House hearing on Wednesday, although no new Democrats joined their Republican colleagues in directly calling for his resignation.

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Colo. Says Lending Law Challenge Aims To Strip Federal Right

By Katryna Perera

The state of Colorado has urged a federal judge to dismiss a suit seeking to block a new state law to rein in high-cost online lending by out-of-state banks, saying federal law "expressly permits" states to opt out of the relevant statute, so their interest rate laws will not be preempted by state-chartered banks.

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'Uber Files' Scandal Can't Prop Up Investor Suit, Judge Says

By Katryna Perera

Uber Technologies has beaten back a proposed class action alleging that a trove of leaked internal records harmed shareholders by revealing corporate misconduct, with a California federal judge saying plaintiffs failed to prove that any of Uber's statements about the leak were false.

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Swiss Seek Feedback On Crypto Information Exchange

By Jack McLoone

Switzerland's executive body, the Federal Council, is seeking feedback from the public on its plan to adopt two Organization for Economic Cooperation and Development standards that will update the country's automatic exchanges of information to account for crypto-assets, it said Wednesday.

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Ex-FTX Exec Seeks Leniency, Saying He Was Kept In The Dark

By Elliot Weld

A former top FTX official has asked a Manhattan federal judge for a lenient 18-month sentence, saying he was not part of company co-founder Sam Bankman-Fried's inner circle and was as shocked as everyone else to learn that the crypto exchange was operating a fraud that siphoned billions in customer funds.

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9th Circ. Won't Block Arizona Mineral Drilling Projects

By Henrik Nilsson

A Ninth Circuit panel on Wednesday refused to block drilling at an exploratory mine in a southern Arizona national forest after a coalition of conservation groups argued the project would threaten imperiled species, finding that the government adequately considered the mine's impact on wildlife.

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EPA Urges La. Court Not To Broadly Block Civil Rights Regs

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency has told a Louisiana federal judge that the state's bid to block EPA regulations that involve disparate impact components would inappropriately impact the EPA's authority beyond the state's own agencies.

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Data On Harm Intrigues Pa. Justices In Hospital Closure Spat

By Matthew Santoni

While tasked with considering how much deference appellate panels must give trial courts in matters involving preliminary injunctions, the Pennsylvania Supreme Court on Wednesday was equally curious about whether one such injunction needed to be supported by data showing that a hospital's closure would irrevocably hurt a Delaware County community.

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Michigan Can't Shake Lawsuit Over Prison's Scabies Outbreak

By Carolyn Muyskens

The director of the Michigan Department of Corrections and other high-ranking officials must face claims that they allowed an outbreak of scabies in a women's prison to go untreated for years, a federal judge has ruled.

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Kirkland Guiding Billionaire McCourt On Bid To Buy TikTok

By Al Barbarino

Billionaire Frank McCourt, advised by Kirkland & Ellis, says he's building a consortium to purchase TikTok and redesign the platform to eliminate the collection of users' information, putting "people in control of their [own] digital identities and data." 

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House-Passed FAA Reauthorization Bill Now Heads To Biden

By Linda Chiem

The U.S. House of Representatives on Wednesday approved multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, sending to President Joe Biden a package that would hire more air traffic controllers and enhance passenger protections amid high-profile aviation industry mishaps.

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House Panel Weighs Baltimore Bridge Rebuilding Costs

By Linda Chiem

Rebuilding Baltimore's Francis Scott Key Bridge may cost up to $1.9 billion and take at least four years, as accident investigators continue to examine how a cargo ship slammed into the bridge in March and knocked it down, officials told a House panel Wednesday.

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Klobuchar Wants FTC To Make Firms Report Real Estate Buys

By Nadia Dreid

It's time for the Federal Trade Commission to require the companies and private equity firms gobbling up residential real estate to report those acquisitions to the agency for antitrust purposes the same way they have to report other big purchases, Sen. Amy Klobuchar said.

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Wage Damages Update Isn't Retroactive, NJ Justices Say

By George Woolston

The New Jersey Supreme Court on Wednesday held an amendment to the state's wage laws adding liquidated damages and extending the statute of limitations should only be applied to conduct that occurred after its effective date, backing the dismissal of some claims brought by laborers alleging unpaid pre- and post-shift work.

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Georgia Justices Weigh State Immunity In Trooper's Wage Suit

By Kelcey Caulder

Georgia's Department of Public Safety urged the state's highest court on Wednesday to undo a Georgia Court of Appeals decision that revived a state trooper's suit alleging that the department failed to pay him owed overtime for time spent in training, arguing that the state never waived its sovereign immunity privilege.

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Mass. Senate Aide Alleges Retaliation After Bias Complaint

By Julie Manganis

A constituent services aide to a Massachusetts state senator is alleging that the lawmaker and his former chief of staff stonewalled his requests for accommodation after a leg injury left him unable to climb stairs, then iced him out after he filed a complaint with the state's anti-discrimination agency.

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Lawmakers Move To Kill DOL's ERISA Fiduciary Regs

By Patrick Hoff

A group of 16 mostly Republican senators introduced a resolution Wednesday to overturn the U.S. Department of Labor's new rule broadening who qualifies as a fiduciary under the Employee Retirement Income Security Act, saying the regulations threaten Americans' ability to save for retirement.

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Feds, Pesticide Cos. Seek More Time To Find Mediator

By Ali Sullivan

The Federal Trade Commission and agricultural chemical companies Syngenta and Corteva are seeking extra time to select a mediator as they litigate claims that the manufacturers leverage loyalty programs to suppress competition from cheaper generic pesticides.

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FTC Chair Khan Defends Request For 25% Budget Increase

By Bryan Koenig

Federal Trade Commission Chair Lina M. Khan defended a 25% budget increase request during a House appropriations hearing Wednesday, calling it "healthy" that aggressive Biden administration merger enforcement has made antitrust considerations top of mind for companies mulling transactions.

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Noncompete Rule Challenge Gets More Backing

By Matthew Perlman

A slew of business groups have thrown their support behind a challenge of the Federal Trade Commission's sweeping ban on noncompete clauses for employees, saying the rule relies on "cherrypicked" data to back a policy preferred by the FTC's majority.

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Senators Release 'Road Map' For Crafting Federal AI Policy

By Jared Foretek

A bipartisan group of senators on Wednesday laid out a "road map" for artificial intelligence policy that calls for increased AI innovation funding, testing of potential harms posed by AI and consideration of the technology's workforce implications.

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Analysis

Flexibility In Info Security Policy May Add Compliance Burden

By Daniel Wilson

New federal guidance for contractors handling sensitive, but unclassified information could introduce confusion and compliance burdens if agencies implement security controls without consulting contractors. 

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House Panel Advances Tax-Exempt Org Oversight Bills

By Asha Glover

The House Ways and Means Committee approved a package of bills Wednesday that would increase scrutiny of foreign donations to tax-exempt organizations, including legislation that would require those organizations to publicly report the donations.

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House Judiciary Chair Seeks Docs On IRS Backdating Probe

By Anna Scott Farrell

The House Judiciary Committee's Republican chairman asked an IRS watchdog to reveal findings from investigations into allegations of IRS employee misconduct, including in a high-profile $38 million conservation easement deduction case in which the agency admitted to backdating evidence.

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South African Tax Official Says Data Swaps Too Limited

By Kevin Pinner

South Africa's requests to exchange information on taxpayers with authorities around the world are often denied for criminal investigations of tax crimes, while automatic exchanges sometimes lack the full identifying information of taxpayers, the commissioner of the country's tax agency said Wednesday.

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Minn. Tax Court OKs Trim To Restaurant Property's Value

By Jaqueline McCool

A Minnesota restaurant property should have its valuation lowered after the property owner provided a more reliable appraisal report, the state Tax Court ruled. 

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Colo. Will Extend Property Tax Assessment Rate Cuts

By Jaqueline McCool

Colorado will extend its current temporary property tax rate reductions into 2024 and will lower tax rates for future years under a bill signed by Democratic Gov. Jared Polis. 

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US Accused Of Ditching Refugee Families Without Explanation

By Rae Ann Varona

Three families the United Nations refugee agency referred to the U.S. for resettlement after they fled to Kenya from Congo are accusing the U.S. government of leaving them in limbo after an eleventh-hour cancellation on their move to the U.S.

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Rio Grande Is A 'Creek,' Texas Tells 5th Circ. In Barrier Rehearing

By Catherine Marfin

The state of Texas told the full Fifth Circuit on Wednesday that the Rio Grande is "little more than a creek with an excellent publicist" as it pushed the court to vacate an order that would require it to remove a floating barrier intended to keep migrants out of the country.

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'Where's Bob?' Nowhere Near Wife's Gold Bars, Jury Hears

By Carla Baranauckas

Sen. Robert Menendez and his future wife weren't living together when an alleged bribery scheme took root six years ago and continued residing mostly apart after they married, he in Washington, D.C., and she in her New Jersey home that had a closet filled with gold bars and cash, jurors heard Wednesday.

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6th Circ. Frees Ex-Ohio Pol Pending Bribery Appeal

By Cara Salvatore

A former member of the Cincinnati City Council convicted of bribery and attempted extortion in connection with a sports betting redevelopment project spearheaded by a former Cincinnati Bengals player can stay out of prison while an appeal plays out, the Sixth Circuit said Wednesday.

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McGirt Ruling Should Be In 'Full Force' In Tulsa, U.S. Says

By Crystal Owens

The federal government wants to intervene in a challenge by the Muscogee (Creek) Nation to the city of Tulsa, Oklahoma, that seeks to block city officials from asserting criminal jurisdiction over tribe members on tribal lands, arguing the municipality is violating federal law reiterated in a 2020 high court ruling.

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Navajo President Seeks Approval Of Water Rights Settlement

By Joyce Hanson

The Navajo Nation's president has urged the federally recognized tribe's council to approve two historic water rights settlements as soon as possible, saying decadeslong negotiations have finally come to an end and now promise to secure funding for critically needed infrastructure.

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Amid Controversy, Gov. Names Tribal Police Chief As Liaison

By Crystal Owens

South Dakota Gov. Kristi Noem has appointed the former Pine Ridge Reservation chief of police as her administration's new tribal liaison, saying that after he "bravely testified" before a U.S. Senate committee about the cartel presence on tribal lands, he found himself without a job.

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House Reauthorizes NTIA, But Agency Takes Heat From GOP

By Christopher Cole

The U.S. House voted late Wednesday to reauthorize the National Telecommunications and Information Administration, hours after Republicans on a key oversight committee blasted the agency for its handling of the government's $42.5 billion broadband deployment effort.

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Iridium Partner Gets Novel FAA Waiver For Beyond-Sight Use

By Jared Foretek

In what satellite phone company Iridium Communications is calling a "watershed moment," the Federal Aviation Administration is allowing one of its partner companies to begin beyond visual line of sight operations, Iridium said Wednesday.

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FCC Could Require ISP Reports On Internet Routing Security

By Christopher Cole

The Federal Communications Commission will vote on a plan next month to require the largest broadband providers to file confidential reports on security of the internet's main routing technology, the Border Gateway Protocol.

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Don't Make Network Outage Reporting Mandatory, FCC Told

By Jared Foretek

Telecommunications industry groups are telling the Federal Communications Commission that rules requiring mandatory broadband outage reporting would burden small and rural providers and potentially distract from outage response.

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School, Library Advocates Oppose 'Eyes On The Board Act'

By Nadia Dreid

Tying E-rate funds to a school's willingness to restrict students' social media access while at school is a bad idea, a quartet of school and library advocates are telling Senate leaders in response to a bill that would do just that.

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FCC Ramps Up Spectrum Strategy With New Steering Team

By Nadia Dreid

The Federal Communications Commission has pulled together a team of experts to help the Biden administration develop the policies necessary to bring the president's national spectrum strategy to fruition, the agency announced Tuesday.

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Calif. Atty Tells 4th Circ. Dormant Commerce Applies To Pot

By Sam Reisman

A California lawyer who has filed lawsuits challenging state and local cannabis licensure programs spearheaded an appeal at the Fourth Circuit asking it to find that the dormant commerce clause of the U.S. Constitution applies to federally illegal marijuana.

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Prosecutors Fight Full Court Review Of 'Double Odor' Pot Test

By Jonathan Capriel

North Carolina prosecutors said no review is necessary on a state appellate court's opinion which found that the smell of marijuana combined with the "strong odor of a cologne" as a "cover scent" is enough to give police officers probable cause to search a vehicle, highlighting the hostile tone in the appellant's bid.

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Hemp Co. Settles Sales Dispute With Fla. Regulators

By Jonathan Capriel

The Florida Department of Agriculture and Consumer Services has inked a deal with a hemp-product maker that accused the agency of overstepping its bounds and using stop-sale orders to block it from selling its hemp products outside the state.

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US Attorney For Colorado Resigns From Post

By Thy Vo

U.S. Attorney for the District of Colorado Cole Finegan announced Wednesday that he will step down at the end of May to return to the private sector, after serving for more than two years in the role.

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Airlines Must Prepare For State AG Investigations

A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.

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Global Bribery Probes Are Complicating FCPA Compliance

The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.

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Series

Teaching Yoga Makes Me A Better Lawyer

Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

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BCLP Sues St. Louis Over City Taxes On Partners' Income

By Kevin Penton

Bryan Cave Leighton Paisner LLP is suing St. Louis, Missouri, after the Midwestern city accused the firm of being delinquent on nearly $275,000 in earnings taxes, contending the municipality unlawfully taxed partners who don't live in the city, according to its court filing.

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Calif. Bar Halts Plans To Develop New Bar Exam

By Ryan Boysen

The State Bar of California has shelved a plan to develop its own online bar exam, a shift that could save the cash-strapped organization up to $4 million per year, but drew opposition from law school deans concerned about its ambitious rollout timeline.

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'That Is A Lie!' Trump Atty Assails Cohen In Fraud Trial Cross

By Frank G. Runyeon and Stewart Bishop

Donald Trump's lawyer lashed out at central prosecution witness Michael Cohen on Thursday during a second day of cross-examination in New York state's criminal fraud case, attacking his credibility and key testimony linking Trump to crimes.

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Coverage Recap: Day 14 Of Trump's NY Hush Money Trial

By Stewart Bishop

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Thursday, day 14 of the trial.

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Analysis

Thomas, Alito: Two Originalists, Two Takes On CFPB Case

By Katie Buehler

U.S. Supreme Court Justices Clarence Thomas and Samuel Alito — often birds of a feather — butted heads Thursday over the original meaning and purpose of the U.S. Constitution's appropriations clause in a decision upholding the Consumer Financial Protection Bureau's unique funding scheme, highlighting what experts describe as the pair's different approaches to originalism.

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Democrats Prod Justice Thomas on RV Loan, Tax Treatment

By Anna Scott Farrell

Two Senate Democrats have asked U.S. Supreme Court Justice Clarence Thomas' attorney to respond to what they called a failure to answer their questions about the justice's $267,000 loan from a healthcare industry executive to finance a luxury recreational vehicle, saying the loan treatment could have violated federal tax laws.

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Investigate Pro-Gaza Reddit Post, GOP Pols Tell USPTO

By Andrew Karpan

An anonymous Reddit post purportedly from a patent examiner confessing "mixed feelings" about issuing a patent to an Israeli defense contractor, citing the country's ongoing bombardment of Gaza, has attracted the attention of Republicans in Congress and the director of the U.S. Patent and Trademark Office herself.

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Senate Confirms South Dakota State Judge To Federal Bench

By Courtney Bublé

The Senate voted 90-4 on Thursday to confirm Judge Camela C. Theeler to the District of South Dakota.

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Menendez Bribery Case Criminalizes Gifts, Jury Told

By Carla Baranauckas

Prosecutors are trying to criminalize friendship, gifts and advocacy, the counsel for one of U.S. Sen. Robert Menendez's co-defendants said Thursday in an opening statement in the corruption trial in Manhattan federal court.

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Judge Calls Out 'Cancel Culture' In Prof's Suit Against Penn

By P.J. D'Annunzio

A Pennsylvania federal judge said University of Pennsylvania leaders embraced "cancel culture" when they chastised an anthropology professor for handling remains from the 1985 MOVE house bombing in Philadelphia, allowing the professor's defamation case against the school to move forward.

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$2B Default Recommended For Making Fair Trial 'Impossible'

By Bryan Koenig

Years of lies should put a pair of Chinese electronics companies on the hook for over $2 billion in default judgment, a special master told a California federal judge, adding that their yearslong no-show and disregard of U.S. counsel advice to retain documents have rendered a fair trial "impossible."

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Roche Freedman Gets Split Ruling On Witnesses In Atty's Suit

By Andrea Keckley

A New York federal judge has issued a split decision on witness testimony in a dispute over the litigation boutique formerly called Roche Freedman.

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11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit

By Ivan Moreno

An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."

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6th Circ. Still Won't Rethink Sanctions Against Trump Attys

By Henrik Nilsson

The Sixth Circuit on Thursday once again denied a bid from former Trump campaign lawyer Sidney Powell and other attorneys to reconsider sanctions issued against them after they challenged the 2020 presidential election results in Michigan, holding that the attorneys must seek permission for future filings given their history of "meritless motions."

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