Analysis

Sorsby Gambling Order Deepens NCAA's Existential Crisis

By Alex Lawson

A state court decision allowing Texas Tech quarterback Brendan Sorsby to continue playing despite his confession to sports betting has exposed a vulnerability for the NCAA, with courts outstripping the association in setting rules for college sports.

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Justices Reject Feds' Venue Theory In Twitter Spying Case

By Marco Poggio

The U.S. Supreme Court ruled Thursday that a former Twitter employee convicted of spying on behalf of Saudi Arabia must be prosecuted in Washington state, where he sent false documents to federal agents, and not in California, where the agents who investigated him are based.

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AbbVie Loses Colorado 340B Drug Pricing Law Challenge

By Zach Dupont

A Colorado federal judge on Wednesday dismissed all of AbbVie Inc.'s claims against the state over its federal 340B drug pricing law, finding that the Colorado law isn't federally preempted and courts across the country have settled the issue.

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SDNY US Atty Jay Clayton Picked For DNI After Pulte Pushback

By Courtney Bublé

President Donald Trump announced on Thursday he's nominating Jay Clayton, U.S. attorney for the Southern District of New York, to be director of national intelligence.

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Paxton's ActBlue Suit Blocked As Retaliatory By Mass. Judge

By Carolyn Muyskens

A Massachusetts federal judge on Thursday blocked Texas Attorney General Ken Paxton's fraud lawsuit against Democratic fundraising platform ActBlue, citing evidence that Paxton targeted the organization because of its role supporting his political opponent in a U.S. Senate race. 

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North Dakota, DOJ Settle DAPL Case For Verdict Amount

By Cara Salvatore

The state of North Dakota announced Thursday it has settled its claims that the federal government failed to control Dakota Access pipeline protesters for $27.8 million, the full amount of an earlier bench verdict.

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Feds Illegally Axed Enviro Justice Grant Funds, Judge Says

By Linda Chiem

A South Carolina federal judge said Thursday that the Trump administration unlawfully terminated a $2.8 billion environmental and climate justice grant funding program that was authorized by Congress in 2022's Inflation Reduction Act.

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Mass. Attys Ding Watchdog's 'Myopic' Public Defense Report

By Julie Manganis

The leader of a group of Massachusetts attorneys who stopped taking court-appointed cases last year over what they say are inadequate hourly rates on Thursday slammed a state inspector general's highly critical report on the state's indigent defense system as "myopic."

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Brief

Fed. Circ. Changes Process For Some Full-Panel Reviews

By Elaine Briseño

The Federal Circuit now requires the authoring judge to notify all panel members about nonprocedural motions, including motions for extensions of time and withdrawal of counsel, according to internal documents.

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Texas Mayor Says Impeachment Trial Is 'Kangaroo Tribunal'

By Spencer Brewer

A Texas mayor under fire for allegedly helping a hotel developer land a sweetheart economic development deal asked a Texas federal judge to block her upcoming impeachment trial, saying that the city council members set to judge her also participated in the underlying events.

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SEC Proposes Rescinding Trade-Through Rule

By Sarah Jarvis

The U.S. Securities and Exchange Commission on Thursday proposed rescinding its rule preventing exchanges from executing trades at lower prices than the best displayed price available on other exchanges, with SEC Chairman Paul Atkins calling the measure "a grave misstep."

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Another GOP Nominee For SEC Could Violate Law, Dems Say

By Sydney Price

Senate Banking Committee Democrats are warning the White House not to put another Republican on the U.S. Securities and Exchange Commission without also naming a Democrat, saying it would violate a federal mandate for partisan balance.

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FDIC Urged To Align Stablecoin Rules With Other Regulators

By Aislinn Keely

Banks and fintechs alike urged the Federal Deposit Insurance Corp. to iron out differences between its proposed standards for stablecoin issuers and those floated by the Office of the Comptroller of the Currency, though the industries continued to battle over crypto firms' ability to offer interest to stablecoin holders.

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Bank, Crypto Groups Seek Limits In Stablecoin AML Regs

By Sarah Jarvis

Industry groups and firms in the financial and crypto sectors have called for further clarification, flexibility and safe harbors in rules recently proposed by regulators with the U.S. Department of the Treasury for implementing the anti-money laundering and sanctions compliance program requirements of the federal stablecoin framework known as the Genius Act.

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4th Circ. Unswayed By Groups Seeking Pipeline Work Pause

By Abigail Harrison

In a pair of published opinions filed Thursday, a Fourth Circuit panel explained its late-April decision to refuse to curb construction on an interstate gas pipeline project pending review of state water quality certifications, after the judges found environmental groups were unlikely to prevail on the merits.

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NJ Policyholders Face Unique PFAS Risks, Coverage Relief

By Abraham Gross

New Jersey companies facing claims over their use of what are commonly known as forever chemicals face an increasingly challenging litigation environment as well as unique opportunities for covering claims and remediation costs.

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HHS OIG Reports 'Concerning' Medicare Advantage Denials

By Gianna Ferrarin

A pair of reports released by the inspector general for the U.S. Department of Health and Human Services on Thursday found that UnitedHealth Group, Humana and CVS Health logged some of the highest prior authorization denial rates among their Medicare Advantage peers for post-acute care.

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Braidwood Files New Challenge To ACA Birth Control Mandate

By Kellie Mejdrich

For-profit healthcare company Braidwood Management and several individuals sued the government in Texas federal court to challenge no-cost contraception coverage requirements under the Affordable Care Act, arguing that the court should enjoin enforcement of the policy because it burdened their faith in violation of federal religious freedom law.

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Tech Group Urges High Court To Block Texas App Store Law

By Hailey Konnath

The Computer & Communications Industry Association on Thursday asked the U.S. Supreme Court to vacate a recent Fifth Circuit ruling permitting Texas to move forward with a law requiring app store owners to verify users' ages, arguing the law is unconstitutional and overly burdensome for its members.

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Gov't Hectoring Prompts Bipartisan Bill To Shield Free Speech

By Christopher Cole

A bipartisan Senate bill was introduced Thursday to curtail government jawboning of free speech amid the Federal Communications Commission chair's political controversies with broadcasters.

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Automaker Group Wants Wash. Biz Licensing Regs Shut Down

By Rae Ann Varona

The Alliance for Automotive Innovation has urged a Washington federal court to invalidate a pair of state business licensing rules, including one that expanded the definition of "soliciting," saying the regulations are unconstitutional and beyond the authority of the state's licensing department.

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Colo. City Cut Speed Camera Response Deadline, Driver Says

By MJ Koo

A Colorado driver has launched a proposed class action in state court, claiming a city near Denver knowingly gives motorists only 30 days to respond to automated speed camera citations despite a state law requiring at least 45 days.

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5th Circ. Says FTC Can't Outsource Horse-Racing Enforcement

By Jared Foretek

The Fifth Circuit once again struck down the Horseracing Integrity and Safety Authority's enforcement power over nationwide thoroughbred racing Thursday, holding that the U.S. Supreme Court's ruling last year in FCC v. Consumers' Research doesn't upend the circuit court's previous decision on the issue.

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Sports Prediction Co. Wins CFTC OK To Launch Event Market

By Katryna Perera

Sports prediction company ProphetX on Thursday received approval from the U.S. Commodity Futures Trading Commission to register as a federally regulated prediction market exchange focused on sports-based event contracts, becoming the first American sports-native, direct-clearing prediction market to launch and operate in full compliance with federal law.

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NC Gov. Stein Seeks $10B From Feds For Helene Recovery

By Hayley Fowler

North Carolina Gov. Josh Stein is asking Congress for another $10 billion to help with the Tar Heel State's ongoing recovery from Hurricane Helene, marking a $3 billion reduction from the federal funding request he made nine months ago.

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Revised Microcaptive Rules Still Violate APA, 6th Circ. Told

By Molly Moses

A microcaptive insurance advisory firm asked the Sixth Circuit on Thursday to overturn a Tennessee federal court's ruling that a set of revised IRS rules requiring taxpayers to disclose some microcaptive arrangements doesn't violate the Administrative Procedure Act.

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Ill. Panel Axes $7M Verdict Against Chicago Housing Authority

By Lauraann Wood

An Illinois state appellate panel vacated a jury's $7 million award for a Wendy's customer who was injured by a Chicago Housing Authority security guard during a shooting pursuit, saying the agency didn't owe the customer a legal duty to ensure its security contractor was hiring sufficiently experienced guards.

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Panel Tosses NJ Mall's 3rd Bid To Force Parking Garage Build

By Nate Beck

A New Jersey appeals court on Thursday dismissed a shopping center owner's third attempt to force construction of a parking garage imagined in a 2004 plan instead of a nine-story, mixed-use building developers pitched after Newark adopted policies against new parking lots in the area.

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NC's GOP Sends Freeze On Property Tax Appraisals To Gov.

By Maria Koklanaris

Some North Carolina residents' property tax appraisals would be frozen under a Republican-backed bill now on the desk of Gov. Josh Stein.

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2nd Circ. Asks If Ex-UConn Dept. Head Broke School Rules

By Brian Steele

A Second Circuit panel sounded skeptical Thursday about a former University of Connecticut department head's claim that racial animus led to his forced resignation, appearing to lean more toward the argument that he misused state funds while carrying on an inappropriate relationship with his secretary.

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Worker's FLSA Retaliation Claim Should Survive, Judge Says

By Benjamin Morse

A North Carolina federal magistrate judge has recommended keeping alive a former Durham finance worker's claim that the city retaliated against her for complaining about unpaid overtime, while finding that her state constitutional claims should be tossed.

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NJ Justices Rule Private Emails Can't Shield Public Business

By Carla Baranauckas

The New Jersey Supreme Court held on Thursday that school board members cannot shield public business by conducting it through their private email accounts, ruling that logs of government‑related emails housed in personal accounts qualify as government records under the state's Open Public Records Act.

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US Chamber Says ERISA Suit Could Shrink 401(k) Choices

By Grace Elletson

The U.S. Chamber of Commerce urged a California federal judge to toss a suit claiming a car dealership company misused forfeited funds and chose opaque investment options for its $1 billion 401(k) plan, warning the case could hurt retirement savers by leading to fewer investment options.

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Lawmakers Reintroduce Bill To Rein In Big Tech Platforms

By Matthew Perlman

Lawmakers reintroduced legislation in the U.S. Senate on Thursday that would impose new rules on large technology platforms, barring them from blocking competition and undermining rivals by giving their own products and services an unfair advantage.

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Anthropic Says Feds' Retaliation Efforts Are Evident

By Madeline Lyskawa

Anthropic PBC told a California federal judge Wednesday that the Trump administration has been "remarkably transparent" about its "campaign of retaliation," in a bid to win its lawsuit challenging the Pentagon's designation of the company as a supply chain risk to national security.

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Chinese Biopharma Sues Over National Security Threat Label

By Bonnie Eslinger

Chinese pharmaceutical company WuXi AppTec sued the U.S. Department of Defense on Thursday, asking a D.C. federal court to set aside the agency's designation of the company as a Chinese military company, which it said was done "without a lawful or factual basis."

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Ed. Dept. Tries New Tack To Scrap K-12 Mental Health Grants

By Ben Adlin

The U.S. Department of Education pressed ahead with its plan to end up to a billion dollars in school mental health grants, arguing Wednesday that a Seattle federal judge's December 2025 injunction barring the discontinuation of the grants shouldn't block the government from canceling the contracts outright.

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Fed. Circ. Pauses Trade Court's Limited Block Of Global Tariffs

By Dylan Moroses

The Federal Circuit halted a U.S. Court of International Trade ruling prohibiting the government from collecting temporary global tariffs on two retailers and the state of Washington while it considers whether those duties are lawful, according to an order Thursday.

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Fla. Suit Says Property Tax Ballot Wording Misleads Voters

By Michael Nunes

Florida's wording of a proposed constitutional amendment set to be voted on in November to boost the state's homestead exemption misinforms voters of the effects of the ballot measure, according to a complaint filed in state circuit court Thursday.

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NYC Pol Not Guilty Of Obstructing Elevator In ICE Dustup

By Pete Brush

A Manhattan federal judge on Thursday absolved former New York City Comptroller Brad Lander of an elevator-obstruction charge stemming from an incident last year when he was ticketed as he sought to monitor U.S. Immigration and Customs Enforcement for possible violations of migrants' rights at a government building.

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Columbia Student Asks 1st Circ. To Reverse Deportation Order

By Carolyn Muyskens

A graduate student who led pro-Palestinian protests at Columbia University is appealing a Board of Immigration Appeals decision that led an immigration judge to order him deported to Jordan, his lawyers said.

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Immigrants Say Guantánamo Policy Is Arbitrary, Costly

By Elaine Briseño

A certified class of Guantánamo Bay detainees told a D.C. federal judge that the Immigration and Nationality Act does not allow the United States to detain noncitizens after they have been removed from the country.

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NJ Prosecutor's Suit Called A Bid To 'Weaponize' Court

By George Woolston

Atlantic County, New Jersey, and its chief official called a suit by its county prosecutor over alleged prosecutorial interference a "bizarre attempt to weaponize" the court to smear the official, urging the court to toss the suit because it lacks subject matter jurisdiction.

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Fla. Court Says State Can't Litigate Tribal Ordinance Violations

By Elizabeth Daley

A man who was found guilty of disorderly intoxication after being arrested at the Miccosukee Casino and Resort on the Miccosukee Indian Reservation had his conviction and sentence reversed after a Florida appeals court found the state lacked jurisdiction to prosecute him for violating a local ordinance on tribal land.

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Alaska Man Sues Tribal Police Over Botched Murder Probe

By Crystal Owens

An Alaskan Indigenous man who spent years battling a first-degree murder charge in connection to the death of his older brother is suing former Metlakatla Police Department officials, supervisors and tribal policymakers over the now-dismissed allegation, saying the investigation should have been handled with care, honesty and respect for the truth.

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FCC Aims To Quell Pole Attachment Fights At State Level

By Christopher Cole

The Federal Communications Commission says it wants to speed up the resolution of disputes over broadband attachments on utility poles in states that have adopted their own rules on top of federal requirements.

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Judge Doubts Need For Discovery In Digital Equity Suit

By Jared Foretek

A Washington, D.C., federal judge struggled to find a reason for plaintiffs challenging the Trump administration's shutdown of the Digital Equity Act's Competitive Grant Program to get discovery in their lawsuit, suggesting the question of the program's constitutionality appeared to be a purely legal question, as the government suggested.

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FCC Says Telecom Filed Fake Doc To Get Phone Numbers

By Nadia Dreid

A telecom filed a fake Federal Communications Commission document with the North American Numbering Plan in a bid to gain access to phone numbers, and the agency is ready to block that company's traffic unless it has a good explanation.

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GlobalStar Opposes FCC Review Of 2 GHz Satellite Order

By Nadia Dreid

The Federal Communications Commission should ignore a request to rethink its rejection of a plan that would bring sweeping changes to the "Big LEO" satellite rules, an American satellite telecom is telling the agency.

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Legislative Update: Cannabis And Psychedelics Bill Roundup

By Sam Reisman

Lawmakers in multiple states advanced legislation reining in products derived from the kratom leaf, Pennsylvania lawmakers rejected a cannabis regulation bill, and Rhode Island's governor signed into law legislation eliminating residency requirements from the state's cannabis social equity program. Here are the major moves in cannabis and psychedelics legislation from the past week.

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3 New Pay Transparency State Laws Raise Compliance Risks

Wage transparency measures taking effect in Delaware, Maine and New Jersey add a layer of complexity to the hiring landscape and highlight the need for employers to develop thorough compliance strategies while navigating the laws' ambiguities, say attorneys at Foley & Lardner.

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Reducing Youth Product Risks When No Standards Apply

As juvenile product manufacturers and retailers face heightened U.S. Consumer Product Safety Commission enforcement actions and attendant litigation risks, companies must not only comply with applicable standards, but also confront the problem of how to protect themselves when there are no standards to comply with, say attorneys at Chamberlain Hrdlicka.

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USTR Forced Labor Tariff Plan Pushes Trade Recourse Limits

Tariffs recently proposed by the U.S. Trade Representative’s Office, which determined that 60 countries failed to implement adequate forced labor protections, expand the use of existing trade remedies to address global supply chain labor standards, potentially inviting both practical adjustments by businesses and careful legal scrutiny, says attorney Sohan Dasgupta.

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If Upheld, Wash. Millionaire Tax Could Upend State Law

The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

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Ch. 15 Ruling Is A Restructuring Blueprint For Cannabis Cos.

The recent Cannabist Chapter 15 recognition order is arguably the most significant cannabis bankruptcy development in U.S. history, providing a concrete and tested road map by which such companies with foreign parent structures can access the protective machinery of U.S. bankruptcy law, say attorneys at Saul Ewing.

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New State AI Laws Create Dual Misrepresentation Risk

As artificial intelligence transparency laws are enacted across the country and the volume and specificity of compliance records increase, companies will be required to speak more often, more precisely and to more audiences about the same systems, compounding the risk of litigation, say attorneys at Cooley.

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How FCA, FCPA Risks Are Shifting As Feds Pull Back

As the federal government continues its retreat from white collar enforcement, companies should expect False Claims Act risk to grow through private whistleblower suits and Foreign Corrupt Practices Act scrutiny to shift toward foreign prosecutors, requiring more adaptability as accountability becomes less centralized, says Temidayo Aganga-Williams at Selendy Gay.

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Series

Cow Horse Makes Me A Better Lawyer

Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

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More BigLaw Raises Predicted Despite Silence After Milbank

By Alison Knezevich

While boutiques make up many of the law firms that have quickly matched Milbank LLP's recently announced associate raises, recruiters told Law360 Pulse this week that they predict more BigLaw firms will eventually reveal their own salary hikes.

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Analysis

Insider Trading Defense May Draw On 'Varsity Blues' Playbook

By Chris Villani

After enlisting a crew of experienced attorneys, defendants charged in an insider trading case allegedly involving deal information stolen from huge law firms are preparing to use a strategy that could take some cues from the "Varsity Blues" case in the same Boston courthouse.

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Q&A

JAMS Chief Executive Says Mass Arbitrations On The Rise

By Kellie Mejdrich

Mediation giant JAMS says it has seen a major upswing in mass arbitrations in employment and other contexts, as plaintiff-side firms develop new ways of responding to language requiring out-of-court dispute resolution by companies. CEO Kimberly Taylor and veteran JAMS mediator Robert Meyer spoke to Law360 about mediation trends, with a specific focus on employee benefits disputes.

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Atty Faces Sanctions Over Fake Quotes In Taco TM Fight

By Brian Steele

A Connecticut attorney could be sanctioned for including fake case quotes and misrepresentations of the law in court filings that seek dismissal of a trademark case against a taco restaurant, a federal judge said Friday in questioning whether the documents were sullied by artificial intelligence.

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Analysis

3 Things To Know As Judge Stares Down Impeachment Push

By Kelcey Caulder

The scandal that could cost U.S. District Judge Eleanor Ross her job also threatens to cause courthouse chaos in the form of recusal motions, bids to reopen suits and uncertainty for clerks. Here, Law360 looks at three things to know about the calls to impeach the judge and their potential fallout.

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Texas Court Urged To Keep Judge Romance Suit Alive

By Adrian Cruz

In multiple filings, EJS Investment Holdings LLC has asked a Texas federal judge to reject attempts by former U.S. Bankruptcy Judge David Jones and other parties to dismiss its proposed class action over his secret romance with a former Jackson Walker LLP partner.

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'Poor Lawyering': Walmart Flub Haunts Class Attys At 9th Circ.

By Jeff Overley

Amid warnings of a chilling effect on plaintiffs counsel, a Ninth Circuit panel Friday scrutinized six-figure sanctions against attorneys whose false advertising suit targeting Walmart Inc. collapsed because of crucial fine print in an avocado oil receipt.

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No Amici In Comey Seashell Threat Case, Judge Says

By Craig Clough

A North Carolina federal judge on Friday said she will not allow any amici to weigh in on former FBI Director James Comey's criminal charges alleging he threatened President Donald Trump with a social media post, finding the parties are "ably represented" by counsel and public input is not needed.

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Ill. Judge Decries Grand Jury 'Turmoil,' Tosses Fraud Charges

By Lauraann Wood

An Illinois federal judge agreed Friday to dismiss fraud charges against two men ahead of an evidentiary hearing probing recent grand jury misconduct claims, but cautioned that "getting rid" of the case may not have prosecutors' desired effect, as such allegations continue causing "turmoil" throughout the district court.

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Deluge Of Video Evidence Overwhelms Criminal Cases

By Brandon Lowrey

Surveillance cameras and police body cameras are creating a flood of video evidence that can help prosecutors and defense attorneys build strong cases. But many have been struggling with the technical and logistical challenges that come with the sheer volume of footage.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

The past week in London has seen the FCA bring a claim against a fund manager it accused of providing investment services despite having been banned, an Ardmore unit sue a contractor two days before the construction group's collapse, and shipping and cruise giant MSC hit back at an entertainment company following separate intellectual property litigation in the U.S. Here, Law360 looks at these and other new claims in the U.K.

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Elon Musk and SpaceX's legal team blasted off with the largest IPO in history, with shares priced at $150 each at opening before briefly topping $176. And a new study shows investors have approved 11 of 17 companies' requests to move their incorporation from Delaware to Texas so far this proxy season.

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Law360's Legal Lions Of The Week

By Kevin Penton

Kirkland & Ellis LLP leads this week's edition of Law360 Legal Lions, after a Los Angeles jury in a bellwether trial cleared Johnson & Johnson of any liability in the deaths of three women from ovarian cancer.

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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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