Senate Confirms Jay Clayton As National Intelligence Chief

By Madeline Lyskawa

The U.S. Senate voted Tuesday to confirm Jay Clayton as director of national intelligence, two weeks after Clayton, the former U.S. attorney for the Southern District of New York, refused to answer who he thought won the 2020 election during his confirmation hearing.

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11th Circ. Sides With Lockheed Martin In Toxic Exposure Suits

By Hailey Konnath

The Eleventh Circuit on Tuesday refused to disturb a Florida federal court's decision excluding testimony from plaintiffs' experts in a pair of suits claiming Lockheed Martin allowed toxic waste to leach into the area surrounding its Orlando facility, ruling that both experts' testimony fell short of evidentiary requirements.

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FCC Says Starlink Routers Exempt From Nat'l Security Ban

By Nadia Dreid

The Federal Communications Commission has banned virtually all foreign-made routers from the United States, citing national security concerns, but it isn't worried about ones made by billionaire Elon Musk's satellite internet company Starlink.

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States Back Guam Group In High Court Disposal Permit Fight

By Ganesh Setty

A coalition of states has told the U.S. Supreme Court that the U.S. Air Force must comply with separate, complementary environmental laws over its permit renewal application to detonate expired munitions in Guam, arguing the laws have distinct aims.

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Brief

Humanoids, Other Robotics Added To FCC's Nat'l Security List

By Christopher Cole

The Federal Communications Commission said Tuesday that humanoids and other advanced robotics newly produced in foreign countries will be included on the "covered list" of products restricted from U.S. importation and marketing.

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Brazil Files Complaint At WTO Against US Tariffs

By Dylan Moroses

The Brazilian government filed a complaint at the World Trade Organization against U.S. tariffs placed on Brazilian goods, arguing that the measures run afoul of global trade rules, it said Monday evening. 

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4th Circ. Says DOL Can Argue In Lockheed Pension Suit

By Tom Lotshaw

A Fourth Circuit panel granted the U.S. Department of Labor's request to participate in oral arguments for a Lockheed Martin Corp. appeal challenging a Maryland federal judge's refusal to dismiss a proposed class action challenging a $9 billion pension risk transfer.

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DHS Can't Undo Order Halting TSA Union Deal Cancellation

By Rachel Riley

A federal judge in Seattle denied the Trump administration's bid on Tuesday to lift a court order blocking the U.S. Department of Homeland Security from canceling a collective bargaining agreement covering thousands of Transportation Security Administration workers, saying the government failed to debunk two independent grounds for the injunction.

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Insurance Co. Beats Kosovo Citizens' Disability Benefits Suit

By Patrick Hoff

A New York Life Insurance Co. unit defeated a lawsuit alleging it breached Pennsylvania law when it denied disability benefits to 17 Kosovo citizens who supported the U.S. military in Afghanistan, with a federal judge ruling the claims are preempted by the Employee Retirement Income Security Act.

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GAO Denies Protest Over $83M Space Force Support Deal

By Tom Lotshaw

The U.S. Government Accountability Office denied a California company's protest over an $83 million U.S. Space Force award for research support, concluding that the agency reasonably weighed staffing experience and compensation factors before selecting an Alabama company's lower-cost, higher-risk proposal.

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Alkegen Can Draw On Ch. 11 Financing In Prepack Case

By Vince Sullivan

Bankrupt specialty materials maker Alkegen received permission Tuesday from a Texas judge to access part of a $630 million bankruptcy loan from existing lenders after opposition over the size of the interim package was overruled.

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Rare DOJ Military Bias Suit Shows Peril Of Co. Admissions

Although the government rarely litigates Uniformed Services Employment and Reemployment Rights Act claims against private employers, Opara v. UV Memory Care demonstrates that it will do so when an employer's own admissions build the case, potentially resulting in significant compliance obligations and long-term consequences, says Bradford Kelley at Littler.

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What New USDA 'Beneficial Owner' Definition Means For Cos.

The U.S. Department of Agriculture's recent pitch to add a new "beneficial owner" definition to its foreign-owned land reporting framework would overhaul how fund managers and joint venture participants report U.S. agricultural land interests, creating diligence risks as companies reassess governance rights and management structure, say attorneys at Arnold & Porter.

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How Does In-House Pay Compare? Take The Law360 Survey

How do in-house salaries vary across industries, roles, and organizational revenue? What compensation tools are companies using to lure top talent? Help Law360 Pulse answer these questions and more in this year's In-House Compensation Survey.

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Simpson Thacher Hung Client Out To Dry, Jury Hears

By Madison Arnold

A legal ethics expert told a Florida jury Wednesday that he believes Simpson Thacher & Bartlett LLP's actions when representing Patriot National Inc. constitute legal malpractice leading up to the insurance services company declaring bankruptcy.

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Senate Postpones Key Vote For AG Nominee Blanche

By Courtney Bublé

The committee vote on acting Attorney General Todd Blanche's bid to take the permanent role, slated for Thursday, was postponed after Sens. John Cornyn, R-Texas, and Thom Tillis, R-N.C., were not fully on board.

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GOP Bill To Curb Judge Shopping May Have Limited Effect

By Courtney Bublé

A Senate Republican has introduced legislation that he says will fix the judge shopping issue, but court observers don't think it will make much of a difference.

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King & Spalding Told To End 'Shenanigans' In Bid To Exit Case

By Brian Steele

The individual defendants in a $300 million fraud lawsuit have accused King & Spalding LLP of appellate "shenanigans" while it seeks to exit the case due to an alleged ethics conflict, claiming the firm has falsely denied representing corporate clients despite an attorney's appearance suggesting otherwise.

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9th Circ. Vacates Orrick Win In Stock Transfer Deal Dispute

By Hailey Konnath

The Ninth Circuit on Wednesday reversed a lower court's finding that Orrick Herrington & Sutcliffe LLP can't be held liable in a battle over a stock transfer agreement gone awry, ruling that California law does allow a party to the transfer to pursue equitable indemnity in the case.

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DOJ Wants To Let Immigration Judges Fine For Contempt

By Britain Eakin

The Executive Office for Immigration Review proposed a rule Wednesday that would allow immigration judges to impose civil monetary penalties for contempt on attorneys, their noncitizen clients and witnesses, operationalizing a power that has lain dormant since 1996.

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Legal Aid Union Alleges Unlawful Incentives To Break Strike

By Andrea Keckley

The Neighborhood Defender Services of Harlem union announced on the third workday of its strike Tuesday that it has filed unfair labor practice charges with the National Labor Relations Board, accusing its management of offering unlawful incentives to cross the picket line.

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Former Trump Lawyer Officially Takes The Helm At SDNY

By Hailey Konnath

James McDonald, a former Sullivan & Cromwell LLP partner who represented President Donald Trump in his appeal of his criminal conviction, was sworn in as U.S. attorney for the Southern District of New York on Wednesday after McDonald's predecessor Jay Clayton departed to serve as director of national intelligence.

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2nd Circ. Backs Ex-Shkreli Atty's 401(k) Restitution Deal

By Lauren Berg

A New York trial judge erred in rejecting a retirement-fund garnishment deal that would have protected Martin Shkreli's convicted former lawyer from tax penalties, the Second Circuit ruled Wednesday.

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DOJ Wants New Judge In Fired Court-Appointed US Atty's Suit

By Jack Karp

A lawsuit from the Seattle U.S. attorney who was swiftly fired from his post by President Donald Trump shortly after being appointed to it by a federal court should be reassigned to a different judge, the administration has told a Washington federal court.

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Segal McCambridge Settles Fired Secretary's Age Bias Suit

By Grace Elletson

Law firm Segal McCambridge Singer & Mahoney Ltd. has struck a deal to end a New York federal court suit from a former secretary who said her colleagues mistreated her because of her age, according to a Wednesday court filing.

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Comey Rips '86 47' Case, Says Warrants 'Misstated Facts'

By Lauren Berg

James Comey is taking another angle in his effort to dismiss an indictment stemming from a picture of seashells he posted on Instagram, telling a North Carolina federal judge that the government is pursuing the "vindictive" case because of President Donald Trump's "deep-seated animosity" toward the former FBI director.

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