Analysis

Tariff Rulings Undercut Trump's Trade Authority, Dealmaking

By Dylan Moroses

U.S. trading partners have inadvertently found new leverage in tariff negotiations with the Trump administration after federal courts found several of the president's duties were improperly imposed, raising larger questions about future tariff authorization in the midst of a global trade spat.

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DC Court Blocks Trump's Tariffs As Overreach Of Power

By Kevin Pinner

The International Emergency Economic Powers Act does not empower the president to impose tariffs, the D.C. federal district court said Thursday, ruling that President Donald Trump's global levies are unlawful and barring his administration from enforcing them on two toymakers who challenged the policies.

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Fed. Circ. Revives Trump Tariffs As It Weighs Appeal

By Natalie Olivo

The Federal Circuit temporarily reinstated President Donald Trump's global tariffs Thursday, a day after the U.S. Court of International Trade held that an emergency law did not give the president "unbounded authority" to impose the measures.

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Delaware Justices Asked To Review Corporate Law Rework

By Jeff Montgomery

A biopharmaceutical company stockholder has sought direct certification of a derivative suit to Delaware's Supreme Court, asking for state constitutional review of legislation approved in March that limits avenues for challenges to some corporate acts.

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Intel Convinces Texas Jury That Fortress Controls VLSI

By Dani Kass

A Texas federal jury on Thursday found that Fortress Investment Group controls both VLSI Technology and Finjan Holdings, and a judge will now decide whether that means Intel can escape findings that it infringed VLSI's patents by invoking its license with Finjan.

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Ex-Goldman Partner, Star Witness In 1MDB Trial, Gets 2 Years

By Stewart Bishop

Former Goldman Sachs partner and star 1MDB prosecution witness Tim Leissner was sentenced Thursday to two years in prison for his role in a global conspiracy to siphon more than $2.7 billion for bribes and kickbacks from the Malaysian sovereign wealth fund in order to facilitate Goldman-backed bond deals.

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SEC Drops Binance Suit In Latest Crypto Reversal

By Jessica Corso

The U.S. Securities and Exchange Commission on Thursday voluntarily ended a lawsuit accusing crypto platform Binance of mishandling customer funds and deceiving regulators, citing the agency's ongoing efforts to change the way it regulates the digital asset industry.

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NYT, Amazon Reach Licensing Deal To Use Content For AI

By Ivan Moreno

The New York Times and Amazon have reached a licensing deal for the tech and online retail giant to use the newspaper's editorial content on its artificial intelligence platforms, the companies announced Thursday.

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House Introduces CFTC-Focused Crypto Market Structure Bill

By Aislinn Keely

A bipartisan group of House lawmakers introduced a long-awaited proposal to regulate crypto markets on Thursday that would establish a registration path at the U.S. Commodity Futures Trading Commission and codify the boundaries of jurisdiction between commodities and securities regulators.

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AstraZeneca Inks $51.4M Settlement In Pay-For-Delay Case

By Hailey Konnath

AstraZeneca Pharmaceuticals LP and Handa Pharmaceuticals LLC have agreed to shell out a combined $51.4 million to put to rest allegations AstraZeneca paid off generic-drug makers, including Handa, to protect its brand antipsychotic drug Seroquel XR, according to a filing Thursday in Delaware federal court.

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TikTok Can't Duck NY Suit Over Kids' Mental Health

By Jonathan Capriel

TikTok cannot escape claims brought by the state of New York accusing the social media platform of harming children's mental health, a state court ruled Thursday.

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DOJ Officially Files To Drop Boeing 737 Max Conspiracy Case

By Linda Chiem

The U.S. Department of Justice on Thursday formally moved to drop its criminal conspiracy case against Boeing over the deadly 737 Max 8 crashes and asked a Texas federal judge to vacate the June 23 trial date, saying a $1.1 billion nonprosecution agreement is a meaningful resolution that holds the company accountable.

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FTC Seeks To Push Amazon Antitrust Trial To 2027

By Rae Ann Varona

The Federal Trade Commission and Amazon on Wednesday fought over the agency's proposal to push back an antitrust trial into 2027 to account for the e-commerce giant's alleged efforts to obstruct discovery, with Amazon telling a Washington federal judge that it was the FTC that insisted on a burdensome discovery.

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Big Oil Caused Woman's Heat Wave Death, Novel Suit Says

By Hailey Konnath

The daughter of a Seattle woman who died during a 2021 heat wave filed a first-of-its kind wrongful death suit in Washington state court Thursday against oil and gas giants — including BP, Chevron, ConocoPhillips and Shell — alleging the companies knew for decades their fossil fuel products would one day "claim lives."

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Split 5th Circ. OKs Acting NLRB GC's Drop Of Teamsters Case

By Beverly Banks

A divided Fifth Circuit panel again blessed the National Labor Relations Board's order that supported a former acting general counsel's withdrawal of an unfair labor practice complaint against two Teamsters locals, analyzing the dispute on remand from the U.S. Supreme Court.

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Masimo Founder Slaps Board With Lawsuit Over His Ouster

By Bonnie Eslinger

The founder and former CEO of Masimo Corp. has alleged six of the medical technology company's directors orchestrated his wrongful termination and denied him the compensation he is now owed, according to a suit for hundreds of millions of dollars filed against the executives in California state court.

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Javice Request To Sink Guilty Verdict Turned Aside By Judge

By Pete Brush

A Manhattan federal judge declined on Thursday to toss a verdict convicting Frank founder Charlie Javice of tricking JPMorgan Chase into buying the student aid startup for $175 million, saying he properly declined to sever her trial from that of her co-defendant.

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Judge Challenges Visa's Bid To Dismiss DOJ Antitrust Suit

By Bryan Koenig

A New York federal judge on Thursday questioned whether Visa Inc. is inappropriately raising factual disputes in its motion to dismiss U.S. Justice Department claims that the company has illegally maintained a monopoly in the market for debit card networks.

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OPM Injunction Looms For DOGE Chaos, As Court Floats Deal

By Frank G. Runyeon

A Manhattan federal judge hinted she may grant an injunction against the U.S. Office of Personnel Management related to what she called a "rushed, indeed chaotic, grant of access" to sensitive information for agents of the Department of Government Efficiency, before urging the government to hammer out a deal with the union plaintiffs.

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No Coverage For Clothing Chain's COVID-19 Losses

By Hope Patti

A national clothing retailer can't get coverage for its pandemic-related losses, a Tennessee federal court ruled, permanently tossing the case and saying its Hartford policy plainly excluded the losses regardless of whether Tennessee law or Pennsylvania law — the original jurisdiction of the case — applied.

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Eyemart Shakes Suit Over Sharing Of Health Data With Meta

By Allison Grande

A Texas federal judge has tossed a proposed class action accusing Eyemart Express LLC of unlawfully sharing information about website visitors with Meta Platforms Inc., finding that the plaintiffs had failed to allege that any of their private health data had been sent to the social media platform. 

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Shell Told To Disclose Climate Risk Docs In RI Terminal Case

By Lauren Berg

A Rhode Island federal judge Thursday ordered Shell Oil Co. to answer the Conservation Law Foundation's inquiries concerning its knowledge behind the construction and operation of a bulk storage terminal in Providence that the conservation group claims is unprepared for flooding and other weather events expected in a changing climate.

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PCAOB Taps New Acting General Counsel

By Sarah Jarvis

The Public Company Accounting Oversight Board on Thursday announced that Connor Raso has been appointed acting general counsel, following stints in the PCAOB's office of the general counsel and at the U.S. Securities and Exchange Commission.

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Google Ad Tech Ruling Creates Antitrust Uncertainty

A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.

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Buyer Beware Of Restrictive Covenants In Delaware

Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.

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State Tort Claims May Help Deter Bribes During FCPA Pause

As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.

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Series

Brazilian Jiujitsu Makes Me A Better Lawyer

Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

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Jenner & Block Fights DOJ Motion Over Exec Order

By Jake Maher

Jenner & Block LLP on Friday fought a bid from the U.S. Department of Justice to carve out part of a March executive order targeting the firm after the bulk of the order was tossed last week, in a dispute that could relate to future actions against the firm.

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Trump Blames Federalist Society For Trade Court Loss

By Cara Bayles

President Donald Trump blamed his recent, short-lived loss in the U.S. Court of International Trade both on judges he accused of hating him as well as on the Federalist Society — the conservative legal group that helped him with judicial selection during his first term — in a Truth Social post highlighting tensions within the conservative legal and political movements.

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AI Video Pushes Boundaries Of Victim Impact Statements

By Sarah Martinson

At the beginning of May, an Arizona state court judge permitted an artificial intelligence-generated victim impact statement of a deceased victim at a sentencing hearing, leaving some attorneys concerned about how admitting these types of videos might affect sentencing in other cases.

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Workplace Bullying Can't Be A Rite Of Passage For Attys

By Andrea Keckley

As more than half of young lawyers cite workplace toxicity as the reason they left their jobs, a panel of attorneys said Friday that many of the professionals they've listened to aren't willing to dismiss bullying as a rite of passage.

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Trump Taps Paul Ingrassia To Lead Special Counsel's Office

By Courtney Bublé

President Donald Trump has nominated Paul Ingrassia, a lawyer and former right-wing writer, to lead the Office of Special Counsel after firing the previous one.

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Analysis

Kousisis May Boost Fraud Cases, But Questions Remain

By Stewart Bishop and Phillip Bantz

The U.S. Supreme Court's finding that inducing a transaction through lies, even with no intent of economic loss, is a valid basis for a wire fraud conviction opens the door for a wave of aggressive fraud prosecutions, but unanswered questions on issues like materiality may lead the court to again consider reining in the government's power.

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More Californians Face Legal Issues, But Get Less Help

By Jack Karp

The gap between the need for civil legal services for Californians and the help that is actually available has grown over the past five years, as has the income level of those affected by that gap, according to a new study from the State Bar of California.

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AI Not Slowing Down Despite Ethical Risks, Experts Say

By Andrea Keckley

Following its rapid evolution in the past half-year alone, McDermott Will & Emery LLP Chief Information Officer Michael Shea predicted during a panel conversation Friday that artificial intelligence tools would see "pretty significant changes" over the next 12 months despite the challenges of putting guardrails around them.

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Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent, involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.

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Law360's Legal Lions Of The Week

By Kevin Penton

Clement & Murphy PLLC leads this week's edition of Law360 Legal Lions, after a D.C. federal judge struck down President Donald Trump's executive order targeting WilmerHale.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

An investor is asking the Delaware Supreme Court to review the constitutionality of a new state law that broadens the protection of corporations in shareholder suits. And hundreds of general counsel are joining an online forum to stand up for the rule of law after President Donald Trump's executive orders against several corporate law firms.

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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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Titans Of The Plaintiffs Bar: Philippe & Jennifer Selendy

By Yun Park

Philippe and Jennifer Selendy, who met as associates at Cravath Swaine & Moore LLP and married in 1997, each spent nearly three decades building distinguished legal careers. They now continue their partnership at Selendy Gay PLLC, founded in 2018, which has quickly grown into one of the nation's leading litigation firms, recovering more than $47 billion for their clients.

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