Analysis

Investors Wary Of State Shareholder Proposal Retrenchment

By Jessica Corso

With the U.S. Securities and Exchange Commission preparing to give oversight of shareholder proposals back to the states, investor advocates say they fear a "race to the bottom" as legislatures in Delaware, Texas and elsewhere have to decide for the first time in 80 years how to address the issue.

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Analysis

Attys 'Itching' To Join Congressional Probes Of Trump Admin

By Phillip Bantz

Efforts to recruit high-powered lawyers to Capitol Hill to potentially lead congressional committee probes into the various dealings of President Donald Trump's administration are gaining momentum as Democrats push to retake control of Congress in the quickly approaching midterm elections.

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DOJ Revises Policies Over False Claims Act Suits

By Ganesh Setty

The U.S. Department of Justice issued revisions Friday to department policy governing False Claims Act lawsuits, emphasizing that agency guidance documents have limited effect and that the government should continually assess whether to seek dismissal of qui tam actions.

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Analysis

Keeping Google Ad Tech Biz Intact 'Not A Close Call'

By Bryan Koenig

The Justice Department Antitrust Division and Federal Trade Commission are now 0-3 in their efforts to break up major technology companies, and with monopolization trials still ahead against Amazon.com and Apple, observers say a Virginia federal judge's newly unsealed ruling underscores the legal and practical difficulties of those efforts.

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Newsom Convenes AI Safety Panel To Mull 'Kill Switch' Law

By Hailey Konnath

California Gov. Gavin Newsom on Friday ordered the prompt creation of an artificial intelligence safety panel to hasten the implementation of various potential AI safety and security laws, including a proposed measure that would require companies to develop a "kill switch" for their AI models.

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

Starbucks settled a high-profile discrimination suit with Florida over its diversity, equity and inclusion policies, agreeing not to use race- or sex-based goals in hiring and promoting. And the SEC floated changing how publicly traded companies seek shareholder input, including promising to end one pathway for shareholders to place their proposals on corporate ballots. These are among the stories in corporate legal news you may have missed in the past week.

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Fed 'Risk Aversion' Contributed To SVB's Failure, Report Says

By Jon Hill

A "culture of risk aversion" and diffusion of decision-making among Federal Reserve supervisory staff, not deregulation or social media chatter, contributed to the 2023 collapse of Silicon Valley Bank, according to initial findings from a new post-mortem review.

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JPMorgan Likely Can't Void Arbitration Loss Over Food Platter

By Craig Clough

A California federal judge has said he is unlikely to vacate an arbitration panel's decision awarding a wealth manager $4.25 million from a JPMorgan Chase & Co. subsidiary, saying that although he finds the panel's award "exceptionally questionable," it doesn't meet the standard for the court to undo the decision.

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CFTC Sends Crypto Rules To White House After Bill Stalls

By Aislinn Keely

The U.S. Commodity Futures Trading Commission sent a crypto rule proposal to the White House for review, pushing forward with plans to craft a regulatory framework for digital assets after a landmark bill failed to advance in the U.S. Senate.

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OCC Approves 3 Trust Charters For Stablecoin Businesses

By Aislinn Keely

The Office of the Comptroller of the Currency on Friday granted conditional trust charters to fintechs Bastion Platforms, Catena and Agora, which all plan to expand their stablecoin and crypto offerings as national trust banks.

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Kalshi Loses Bid To Lift Wash. Event Contracts Ban

By Ben Adlin

Kalshi can't lift an injunction currently barring its operations in Washington, a King County Superior Court judge ruled, denying the prediction market's request to reconsider an August order blocking the company from offering most event contracts to state residents.

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Analysis

USDA Disclosure Rule Could Snag Energy Project Deals

By Keith Goldberg

Energy infrastructure projects could be subject to sweeping foreign ownership disclosure requirements under a proposed rule from the U.S. Department of Agriculture, injecting more uncertainty into acquisition, investment and development deals.

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Colo. Defends Recycling Law From Wholesalers' Challenge

By Benjamin Morse

Colorado's top environmental regulator urged a federal judge to reject a wholesalers group's bid to block a state recycling program, arguing it is unlikely to win on any of its five constitutional claims and has not shown it will suffer harm that cannot be addressed later on.

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Roundup

Employment Authority: Blizzard Inks Labor Deal With Union

By Katherine Smith

Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the potential impact Blizzard Entertainment's new labor contract with a union could have in the video game industry, mass arbitration demands filed in wage and hour disputes and recent legislative developments in state discrimination laws.

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Dems Seek Probe Of Suspect Comments On DOL Proposal

By Patrick Hoff

A trio of Democratic lawmakers urged the federal government to open a probe into reports that a U.S. Department of Labor proposal to expand retirement plans' access to alternative investments was flooded with fake comments, asserting the allegations raise questions about whether the public comment process has been corrupted.

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Ex-Vitol Oil Trader Gets 4 Years For Bribe Schemes

By Gina Kim

A former Vitol oil trader was sentenced to four years in prison by a New York federal judge on Friday after being convicted of schemes to bribe Mexican and Ecuadorian officials in violation of the Foreign Corrupt Practices Act and anti-money laundering laws, the U.S. Department of Justice said.

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RI Judge Pulls Plug On EPA's $7B Solar Program Termination

By Tom Lotshaw

A Rhode Island federal judge on Friday vacated the Trump administration's decision to cancel a $7 billion solar program for low-income households, ruling that the U.S. Environmental Protection Agency lacked authority to terminate grant funding previously awarded.

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UPMC, NYU Will End Gender-Affirming Trans Care For Minors

By Gina Kim

New York University Langone Hospital and University of Pittsburgh Medical Center will pay $8.5 million and $950,000 respectively and will stop providing gender-affirming care to children, the Justice Department said Friday, closing another chapter in the Trump administration's use of the False Claims Act to target healthcare for trans minors. 

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6th Circ. Undoes Ky. State Court Remand Of PBM Fight

By Kellie Mejdrich

The Sixth Circuit on Friday ruled that Kentucky's lawsuit accusing pharmacy benefit managers of conspiring with drug manufacturers to increase the prescription opioid supply belongs in federal court, given the appellate court's precedential ruling from January reversing remand of another state's dispute against PBMs.

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2nd Circ. Says No Surprises Act Limits Private Right Of Action

By Hailey Konnath

The Second Circuit on Thursday held that the No Surprises Act does not provide a private right of action for enforcing out-of-network billing dispute resolution awards, finding that Congress intended for such awards to be enforced via administrative action, not private litigation.

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DOI Says No Irreparable Harm In Casino Gaming Status Case

By Aneeta Mathur-Ashton

A lawyer for the U.S. Department of the Interior told a D.C. federal judge on Friday that the Scotts Valley Band of Pomo Indians was warned several times not to rely on a 2025 gaming eligibility determination that the agency was reconsidering, but the band nevertheless went forward with opening a limited casino operation on the property.

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FTC Chair Defends Overlapping Antitrust Authorities

By Matthew Perlman

Federal Trade Commission Chair Andrew Ferguson on Friday defended his agency's continuing role as an antitrust enforcer despite a U.S. Supreme Court decision that weakened the agency's independence and left it as beholden to the White House as its counterpart at the U.S. Department of Justice.

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FTC's Meador Touts Right-To-Repair Progress After Deere Case

By Aneeta Mathur-Ashton

Federal Trade Commissioner Mark Meador has hailed the commission's "progress" in right-to-repair enforcement during recent remarks before the National Farmers Union, touting the agency's July settlement in its case against John Deere.

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Facebook's Notes System Better Handles Misinfo, Exec Says

By Cara Salvatore

Meta's chief product officer told a New Mexico jury Friday that Facebook's switch from fact-checkers to crowdsourced notes helped combat misinformation, but he was also grilled about a Mark Zuckerberg email that supposedly envisioned "tricking" users into public posting.

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4th Circ. Punts Decision On Forcing FCC Political Ad Ruling

By Christopher Cole

The Fourth Circuit deferred action Friday on a request from Democrats to force a Federal Communications Commission ruling on whether broadcasters have to charge the lowest broadcast ad rates for political committees tied to candidates.

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California Says AT&T Can Ditch Copper If Service Continues

By Nadia Dreid

The California Public Utilities Commission says that AT&T can ditch copper lines in the Golden State as long as the service it replaces traditional telephone service with meets all the telecom's carrier of last resort obligations.

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FCC OKs Swedish Lawnmower Robots Amid Foreign Ban

By Nadia Dreid

For the first time since banning all foreign-made robots from being imported into the country, the Federal Communications Commission is making an exception for certain Swedish-made robotic lawnmowers.

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Roundup

Transpo Tracker: Amazon Crash Suits, Md. Bridge Claims Trimmed

By Linda Chiem

In our latest Law360 Transportation Tracker, a deadly runway crash of an Amazon cargo plane has sparked a series of negligence and wrongful death lawsuits, while California scored two injunctions blocking the Trump administration's efforts to wipe out the state's Clean Air Act waivers. 

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Mass. High Court Again Upholds Housing Density Law

By Carolyn Muyskens

A controversial law that requires towns served by the Boston metro area's public transit system to allow greater housing density survived another legal challenge Friday, as Massachusetts' highest court affirmed the measure does not conflict with the state constitution.

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Roundup

Real Estate Recap: Interest Rate Inklings, 9/11 Reflections

By Real Estate Authority Staff

Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views on the Fed's first interest rate hike in three years and reflections from real estate practitioners 25 years after 9/11.

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Time Is On Payment Processors' Side As Deal Dynamics Shift

As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

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How Cos. Can Avoid Infant Product False Advertising Suits

As lawsuits proliferate over products marketed for infant use and sold at a premium that are identical to cheaper general-use products, manufacturers should review related product lines, and scrutinize contextual cues that may contribute to the overall message received by consumers, say attorneys at Chamberlain Hrdlicka.

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A Texas Ruling May Offer Guidance On Freight Broker Liability

The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

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Senior Lawyers Survey: Tell Us About Your Career

How are senior lawyers adapting to evolving career paths and emerging technologies? Share your perspective in this five-minute survey.

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The 2026 Regional Powerhouses

By Cara Bayles

From major deals to high-profile litigation, the firms named to Law360's 2026 Regional Powerhouses list are leading the way across 14 states. They deliver deep regional expertise and make a lasting impact at the state and local level.

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Ex-DOJ Chief Lambastes 'Abuses Of Power' In Goldstein Case

By Jeff Overley

The U.S. Department of Justice constantly made false statements in its criminal case against famed appellate advocate Tom Goldstein, and his convictions must be erased because "prosecutorial misconduct pervaded every stage of the proceedings," a former DOJ prosecutor told the Fourth Circuit.

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Roundup

Taxation With Representation: Davis Polk, Latham, Sullivan

By Zak Kostro

In this week's Taxation With Representation, a group backed by Michael Dell's family office and Sequence Holdings acquires a majority interest in The Baldwin Group, May Mobility merges with a blank check company, and Infineon Technologies sells its memory chip business to Winbond Electronics.

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Ex-Wis. Judge Keeps License Amid ICE Conviction Appeal

By Ryan Boysen

The ex-Wisconsin judge convicted of obstructing an ICE arrest will remain an attorney in good standing while she appeals, after the Supreme Court of Wisconsin declined to suspend her law license.

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Richards Layton Litigator Selected For Chancery Seat In Del.

By Rose Krebs

A Richards Layton & Finger PA attorney has been nominated by Delaware Gov. Matt Meyer to serve on the bench of the nationally important Chancery Court, a venue that adjudicates some of the biggest corporate law cases.

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Judge Questions Whether 'Lawfare' Fund Fight Is Really Moot

By Jared Foretek

A Virginia federal judge seemed unlikely to toss a challenge to the Trump administration's nixed "Anti-Weaponization Fund" and tax audit immunity for the Trump family Friday, saying she worries the fund could be revived in a different form down the road.

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Chief US District Judge In SC To Take Senior Status Oct. 1

By Courtney Bublé

Chief U.S. District Judge Timothy Cain of the District of South Carolina has informed the president that he will be taking semiretired status on Oct. 1, according to an update posted Friday by the federal judiciary.

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Reed Smith Defends Docs Production In Ex-Atty's Bias Suit

By Jake Maher

Reed Smith LLP urged a New Jersey court on Thursday to reject an "impulsive" motion from a former attorney suing it for gender discrimination seeking to strike its answer and affirmative defenses.

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Law360's Legal Lions Of The Week

By Kevin Penton

Schemery Zicolello leads this week's edition of Law360 Legal Lions, after a Third Circuit panel ruled that police cannot conduct warrantless strip searches outside of jails or prisons absent consent or an emergency.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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