Analysis

Trump's Capital One Suit Tests Vast Debanking Powers

By Phillip Bantz

President Donald Trump's lawsuit against Capital One NA is a high-profile test of a bank's broad powers to unilaterally close accounts, an issue that has been "devastating" for companies, law firms and others booted from banks based on opaque compliance concerns, experts say.

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DC Circ. Erases Stay Of Feds' Parolee Quick-Removal Policy

By Ganesh Setty

The D.C. Circuit on Tuesday vacated a district court's nationwide stay of the Trump administration's policy of subjecting noncitizens paroled into the country to expedited removal, noting the plaintiffs didn't seek to stay the federal regulation allowing that practice.

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5th Circ. Douses Biden-Era Gas Stove Efficiency Regs

By Spencer Brewer

A Fifth Circuit panel castigated the U.S. Department of Energy for pushing through energy standards for stoves and cooktops while failing to follow proper rulemaking procedures, saying the rule was part of the Biden administration's attempts to "make home appliances more expensive and less useful."

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9th Circ. Blocks Hawaii Gun Rule Following High Court Ruling

By Parker Quinlan

The Ninth Circuit has stopped Hawaii from enforcing portions of a gun law that banned firearms on private property without the property owner's consent, after the U.S. Supreme Court held a gun rights group and three state residents were likely to succeed in their lawsuit challenging that component of the law.

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9th Circ. Would Lose 5 States In Latest Reorganization Bid

By Courtney Bublé

Republicans are once again trying to break up the U.S. Court of Appeals for the Ninth Circuit, which has long been dominated by judges appointed by Democratic presidents.

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DOJ Says Executive Privilege May Apply To Private Advisers

By Emily Sawicki

The president's communications with outside advisers may be shielded by executive privilege, so long as they are confidential and relate to official decision-making, the U.S. Department of Justice said in its latest advisory opinion.

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Judge Blocks Postal Service From Changing Mail Voting Rules

By Carolyn Muyskens

A Massachusetts federal judge on Tuesday blocked the U.S. Postal Service from implementing new rules restricting mail ballot voting ahead of the midterm elections, building on an earlier decision that only applied to certain U.S. states.

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FinCEN Permanently Rolls Back CTA Reporting Requirement

By Sarah Jarvis

The U.S. Department of the Treasury's financial crimes unit on Tuesday issued a final rule permanently narrowing reporting regulations under the Corporate Transparency Act, enshrining a regulatory rollback that exempts domestic shell companies from reporting their beneficial ownership information.

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Blue States Say OCC Overstepped On Escrow Interest Rules

By Jon Hill

An Oregon-led coalition of nearly a dozen states sued Tuesday to overturn the Office of the Comptroller of the Currency's recent rules that exempt national banks from state laws requiring the payment of interest on homeowners' escrow account funds.

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Brief

SEC Prepared To Introduce Crypto Regulations This Week

By Jessica Corso

The U.S. Securities and Exchange Commission plans to hold a meeting Friday during which it could issue a proposed rule outlining a path forward for the trading of crypto-assets under the agency's oversight.

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DC Circ. Says FERC Properly Allowed Grid Project Cost Shift

By Keith Goldberg

The D.C. Circuit on Tuesday backed Federal Energy Regulatory Commission orders greenlighting the exemption of a Kansas electricity cooperative's transmission projects from a regional grid operator's process to determine how project costs are divided before they're approved.

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Renewed Gold Mining In Mojave National Preserve Halted

By Crystal Owens

A federal district court judge has halted gold mining within the Mojave National Preserve, saying the National Park Service violated a law designed to protect sensitive ecosystem by authorizing an Australian company to resume operations in the preserve based on an outdated plan without requiring compliance with current environmental regulations.

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Feds Say Snapper Suit Moot After Permits Were Nixed

By Tom Lotshaw

A lawsuit challenging expanded recreational red snapper fishing permits the National Marine Fisheries Service issued to four states is "dead in the water" now that the permits have been canceled, the U.S. Department of Commerce told a D.C. federal judge.

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Denver Says DOJ Misuses Police Law In Gun Ban Challenge

By Benjamin Morse

The city of Denver urged a Colorado federal judge to dismiss the U.S. Department of Justice's challenge to the city's assault weapons and large-capacity magazine bans, arguing that the government is stretching a police-misconduct statute beyond its reach to attack local gun laws.

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Judge Probes 7th Circ. Fallout Of Ending Gender Care Fight

By Celeste Bott

An Illinois federal judge questioned Tuesday what would become of a pending appeal before the full Seventh Circuit if he allows the American Academy of Pediatrics to voluntarily dismiss, without prejudice, its challenge to a Florida racketeering probe over the medical group's gender-affirming care guidelines, an issue one attorney predicted would be "hotly contested."

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DOJ Drops 3rd Circ. Bid For Pa. Hospital Trans Patient Info

By Gianna Ferrarin

The U.S. Department of Justice has dropped its request for the Third Circuit to review a district court's order quashing its demand for records on patients who received gender-affirming care at a University of Pittsburgh Medical Center children's hospital, effectively ending its subpoena fight in the district.

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Ga. Justices Call For Balancing Privacy Rights In Herpes Suit

By Dan McKay

Georgia's top court ruled Tuesday that the privacy rights of a man accused of giving his ex-girlfriend genital herpes must be balanced against her interest in obtaining medical records to support her claims, resolving what the justices called a novel question.

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Analysis

IP Notebook: 'Iceman' Logjam, Gemini Fight, Stealth Bot Bill

By Ivan Moreno

A crowded trademark race over the "Iceman" nickname and a clash over Google's efforts to expand its Gemini AI brand top this edition of Law360's look at emerging copyright and trademark issues.

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USPTO Simplifies Entry To Patent Bar For Biomedical Grads

By Theresa Schliep

The U.S. Patent and Trademark Office published guidance Tuesday that elevates biomedical science degrees to a list of degrees that earn a person eligibility to take the patent bar exam, saying the move will help with "expanding the admission criteria of the patent bar."

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X.AI Says Suit Against Mother Of Musk's Child Should Go On

By Spencer Brewer

X.AI LLC asked a Texas federal court Monday to keep intact a lawsuit against the mother of one of Elon Musk's children, saying Ashley St. Clair violated the terms of service she signed when she sued the company in New York federal court and that the lawsuit belongs in Texas.

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FTC Tells DC Circ. No Harm From Dropped NewsGuard Probe

By Matthew Perlman

The Federal Trade Commission told the D.C. Circuit that NewsGuard has not shown irreparable harm from a subpoena that was later withdrawn, or from the terms of a merger settlement, in a case accusing the commission of retaliating against the news rating group.

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Mich. County Urges Panel To Clarify FOIA Duties

By Melanie Dorsey

Wayne County, Michigan, asked a state appeals court Tuesday to determine whether separate offices within the same county must each respond to duplicate public records requests, arguing multiple responses could unnecessarily expose taxpayers to attorney fees and costs.

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NJ Gov. Sherrill Signs 3 Social Media Child Safety Bills

By George Woolston

New Jersey Gov. Mikie Sherrill signed three bills into law Tuesday aimed at protecting the state's children online and addressing the potentially harmful effects of social media on children.

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Split 11th Circ. Upholds FRA's Train Crew Size Rule

By Linda Chiem

A divided Eleventh Circuit panel on Tuesday upheld the Federal Railroad Administration's two-person train crew rule, saying the agency reasonably justified the safety rationale for the rule and rejecting the rail industry's claims of government overreach.

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Court Tosses Most Claims In Minn. Title IX Trans Athlete Fight

By Ganesh Setty

A federal court has dismissed much of Minnesota's lawsuit challenging the Trump administration's findings that the state's trans student-athlete and bathroom policies violate the administration's Title IX interpretation, preserving a single claim challenging the administration's corresponding grant conditions.

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CFTC Moves To Shield Kalshi From NY Lawsuit

By Lauren Berg

The U.S. Commodity Futures Trading Commission issued an emergency order Tuesday evening telling Kalshi that, even if the state of New York wins a restraining order preventing the prediction market platform from offering event contracts, it should continue business as usual.

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Brief

Kalshi Loss Dooms Coinbase's Bid To Block Conn. Enforcers

By Alex Lawson

A Connecticut federal judge has denied Coinbase's request to keep state gaming regulators from cracking down on its sports offerings, tying the decision to a nearly identical ruling he made against Kalshi earlier in the day.

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Colo. Panel Mulls Insurer's Bid To Reverse $170M Verdict

By Rachel Konieczny

A subsidiary of Berkshire Hathaway Inc. urged the Colorado Court of Appeals on Tuesday to reverse a nearly $170 million jury award for a Colorado worker who sustained a "catastrophic" brain injury on the job, arguing that the trial court failed to properly instruct the jury on physical impairment damages.

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NYC Keeps 2nd Home Tax On Target After Court Halts Rollout

By Paul Williams

New York City moved to halt a judge's ruling that temporarily paused the rollout of its tax on high-value second homes, preserving the tax's implementation and current deadline for individuals to challenge the city's initial determinations about which properties may be subject to the levy.

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Corteva Gets More Counterclaims Tossed In Seed Patent Suit

By Aneeta Mathur-Ashton

A federal judge dismissed two more counterclaims from plant breeding startup Inari Agriculture Inc. in the company's patent dispute with Corteva Agriscience LLC.

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RealPage Points To 2nd Circ. Ruling In NY Pricing Law Case

By Matthew Perlman

RealPage told a New York district court that a recent Second Circuit ruling backs up its challenge to a state law prohibiting landlords from using software to set residential rental rates, because the appeals court found that a New York City law requiring delivery apps to share customer data with restaurants went too far.

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Ohio Justices Advance Possible Ashville Data Center Vote

By Tom Lotshaw

An emergency resolution the village of Ashville passed to support a data center project failed to spell out any actual emergency justification for the measure, the Ohio Supreme Court ruled, clearing a path for a possible voter referendum.

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FCC Revokes Odyssey's Drone Authorization

By Aneeta Mathur-Ashton

The Federal Communications Commission revoked Odyssey Robot LLC's equipment authorization for a drone and its remote controller, citing allegedly false claims by the company that its products were made in the U.S.

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Feds Settle American Airlines Claims Over DC Midair Collision

By Linda Chiem

American Airlines and its regional affiliate PSA Airlines have settled their cross-claims seeking to have the federal government share the costs or indemnify them for any potential judgment or damages in litigation over the deadly January 2025 midair collision over Washington, D.C.

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Ga. Justices Revive Personal Injury Suit Against City

By Kelcey Caulder

Georgia's justices revived a woman's trip-and-fall suit against the city of Savannah on Tuesday, saying an intermediate appellate court misapplied the test for determining whether a property owner is immune from liability under the state's Recreational Property Act and must reconsider the case.

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Fed. Circ. Says Floor Importers Forfeited Duty Rate Appeal

By Dylan Moroses

Importers forfeited arguments in an appeal to the U.S. Court of International Trade's ruling that sustained revised antidumping duties on Chinese wood flooring, according to an opinion in favor of the U.S. government published Tuesday.

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Domino's Franchisee, IRS Near Deal In Penalty Dispute

By Zak Kostro

A Domino's Pizza franchisee and the federal government have mostly agreed in principle on a deal to settle the franchisee's suit alleging the IRS owes it $1.6 million in tax refunds for penalties related to failures to report its employee health coverage plan, the company told a Hawaii federal magistrate judge.

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Nations Concerned By Nexus For Service Fees In UN Tax Pact

By Kevin Pinner

Some nations expressed concern that overlapping claims to source-taxation rights could arise under the nexus rules within the United Nations framework tax convention's draft protocol on cross-border services, according to negotiations Tuesday.

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'ICEBreakers' Sue Fla. College Over Violating Right To Protest

By David Minsky

Several students sued Miami university officials in a First Amendment action brought Tuesday in Florida federal court, alleging they were wrongly disciplined for participating in a silent protest against federal immigration enforcement tactics during a campus event earlier this year.

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ICE Officer Says Minn. Can't Immunize Assault Witnesses

By Brandon Lowrey

A U.S. Immigration and Customs Enforcement agent charged with brandishing a gun at people in another car urged a Minnesota federal judge to deny immunity to his two alleged victims, saying state prosecutors bringing the case lack the authority to request use immunity for witnesses.

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Texas Firm Withdraws From $150M Deal To Rep Migrant Kids

By Madeline Lyskawa

A Texas law firm has withdrawn from consideration for a $150 million award from the U.S. Department of Health and Human Services to provide legal services to unaccompanied migrant children in government custody.

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Brief

1st Circ. Won't Immediately Stay TPS Work Permit Cap

By Carolyn Muyskens

The First Circuit has declined to administratively stay the federal government's move to limit work authorization for immigrants with temporary protected status, but set a Friday deadline to complete briefing and indicated a swift ruling is coming.

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Immigration Atty Seeks To Nix Ex-Clients' RICO Fraud Claims

By Rachel Riley

An immigration attorney who forfeited her Washington state license is seeking to narrow ex-clients' lawsuit accusing her of falsely promising to perform miracles for them and mishandling their cases, arguing the plaintiffs have recast legal malpractice allegations as a "sprawling racketeering enterprise."

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7th Circ. Says Ind. Railroad Can't Levy Fees For Telecom Lines

By Nadia Dreid

Indiana railroad easements don't give rail companies the right to charge for access to the air above them or the ground below them, the Seventh Circuit has ruled in an opinion that means telecoms that installed fiber cables under a CSX Transportation easement won't be paying licensing fees.

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911 Providers Push FCC For Uniform Next-Gen Framework

By Aneeta Mathur-Ashton

Emergency response organizations are urging the FCC to let 911 authorities drive interoperability between state systems rather than impose stand-alone federal testing mandates.

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Brief

FCC Again Weighs Carrier Status For Tribal Utility

By Nadia Dreid

The Federal Communications Commission is again thinking about designating a telecom owned by the Cheyenne River Sioux Tribe an eligible telecommunications carrier, which would open the door for the company to receive federal telecom aid.

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Virginia Says Hemp Cos. Can't Block New THC Limits

By Sam Reisman

The day before a court hearing on a motion for a temporary restraining order, Virginia officials are urging a federal judge not to halt enforcement of the state's new THC potency caps, saying the hemp businesses' request to do so "rests on a distorted premise."

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Hemp Co. Vireo Aims To Toss Ownership Contract Claims

By Mike Curley

Hemp and THC beverage maker Vireo Growth Inc. and its affiliates are asking a Minnesota federal court to toss the bulk of a suit alleging that Vireo failed to deliver on a partnership and interest contract, saying the plaintiffs' claims are largely based on a contract that was never signed or executed.

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NYDFS Swedbank Order Offers Lessons On Candor

The New York State Department of Financial Services' consent order with Swedbank reflects the department's broad view of its investigative authority, emphasizes transparency, and underscores the risks of intrusive investigations that can occur if a regulator believes that it was misled, say attorneys at Paul Hastings.

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How Home Infusion Providers Can Adapt To Enrollment Pause

Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

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3 Rulings Show High Court's Transnational Litigation Stance

The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

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Managing Data Center Power Issues, Public Pushback

The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

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Opinion

Birthright Citizenship Dissents Belie Originalist Interpretation

The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

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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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Goldstein Unveils Cooley Appeal Team

By Jared Foretek

Thomas Goldstein has unveiled an experienced lineup of appellate lawyers he'll turn to in his bid to overturn 12 tax and mortgage fraud convictions, featuring several attorneys with extensive U.S. Supreme Court experience.

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Missed Step Could Vex Ex-Duane Morris Client's Appeal

By P.J. D'Annunzio

A Pennsylvania Superior Court panel on Tuesday quizzed counsel for a businessman accusing Duane Morris LLP of legal malpractice in a trade secrets case on whether documents he claimed were privileged had been properly put before the trial judge for consideration.

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Ogletree Says Equinox Owes $1.4M In Unpaid Legal Bills

By Hailey Konnath

Ogletree said Monday that fitness company Equinox owes nearly $1.4 million in fees and expenses for the firm's work representing it in an employment matter in Los Angeles, according to a complaint filed in California federal court.

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Brief

Calif. Subclass Added To Fox Rothschild Data Breach Suit

By Emily Sawicki

A California resident seeking to represent a subclass of Golden State data breach victims on Tuesday asked to add a new California Consumer Privacy Act claim to a proposed Pennsylvania class action first filed against Fox Rothschild LLP in June, after prominent ransomware group Silent Ransom Group targeted the firm.

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