Analysis

Congress' Limited Tariff Role May Persist After Justices Rule

By Dylan Moroses

The U.S. Supreme Court's ruling on President Donald Trump's emergency tariffs could leave the door open for Congress to play a larger role in trade policy heading into November's midterms, but that opportunity may pose few political incentives for lawmakers.

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DCA Midair Collision: One Year Later

By Linda Chiem

Investigators' determination that the Federal Aviation Administration ignored repeated warnings about near-misses and risky helicopter traffic around the nation's capital is expected to spur regulatory reforms and potentially heighten the government's legal exposure in civil litigation stemming from the deadly midair collision in Washington, D.C., a year ago.

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Interim DHS Funding Cools Shutdown Threat For Now

By Courtney Bublé

The White House and Senate Democrats have reached a deal to temporarily fund the U.S. Department of Homeland Security and give lawmakers time to make reforms to immigration enforcement, an agreement that cools talks of a government shutdown.

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9th Circ. Says Noem Can't 'Smuggle In' TPS Vacaturs

By Britain Eakin

The Ninth Circuit has ruled that Homeland Security Secretary Kristi Noem lacked the authority to vacate temporary protected status for Venezuela and Haiti, saying her attempt to do so flouts both Congress' design of the TPS statute and the law's language.

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Ex-Worker Says Goldstein Offered Crypto, Gifts As IRS Probed

By Jared Foretek

A former employee at Thomas Goldstein's law firm who resigned after the Internal Revenue Service began investigating the firm said that the SCOTUSblog founder suddenly began offering her bitcoin, payment from case settlements and potential student loan relief after federal agents visited the office.

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7th Circ. Questions Gov't Entering Nonprofit's ADA Fight

By Lauraann Wood

The Seventh Circuit seemed skeptical Thursday that it should allow the U.S. government to intervene in a discrimination lawsuit targeting an Illinois village's refusal to let a nonprofit organization open a substance abuse treatment facility within its borders.

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Bondi Elevates Pa. US Atty Amid Appointments Scrutiny

By Matthew Santoni

The first assistant U.S. attorney for the Western District of Pennsylvania is being retained and elevated to full U.S. attorney, Attorney General Pamela Bondi announced Thursday, though the appointment will have to remain temporary or he could face the same questions about his appointment as other top prosecutors in President Donald Trump's administration.

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ADA Settlement Brings Changes To Detroit Courthouses

By Melanie Dorsey

A settlement in an Americans with Disabilities Act class action brought by two attorneys and a community activist will lead to ADA-compliant upgrades like private bathrooms, accessible voting machines and new signage at municipal buildings serving Detroit and Wayne County.

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Attacks Haven't Killed Judiciary's AI Rule, May Strengthen It

By Jeff Overley

Federal judiciary advisers Thursday confronted the most extensive opposition yet in their campaign to ensure the reliability of evidence utilizing artificial intelligence, but the criticism appeared constructive, possibly upping the odds of a digital age addition to U.S. court rules.

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Ga. Gov. Hopeful Wants 11th Circ.'s Take On Cash Limits

By Chart Riggall

Georgia Secretary of State and gubernatorial hopeful Brad Raffensperger said Wednesday he would ask the Eleventh Circuit to review a federal judge's decision from the day before shooting down yet another challenge to a state law allowing a rival in the race to rake in unlimited campaign cash.

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GOP-Led Crypto Bill Clears Senate Panel In Party-Line Vote

By Aislinn Keely

The Senate Agriculture Committee advanced a Republican-led proposal to regulate crypto markets on Thursday with a vote that fell starkly along party lines after Democrats made clear they would not support the bill without provisions to prevent public officials from profiting from crypto ventures.

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CFTC's Selig Eyes Prediction Markets Rules In Debut Speech

By Aislinn Keely

U.S. Commodity Futures Trading Commission Chairman Michael Selig on Thursday delivered his first public remarks as the agency's leader, laying out an agenda that includes setting rules for prediction markets and collaborating closely with the U.S. Securities and Exchange Commission on a variety of cryptocurrency initiatives.

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Trump SPAC Fights Chancery's $25K Daily Sanction Ruling

By Katryna Perera

The blank check company that took Trump Media & Technology Group Corp. public last year says it has been "unfairly trapped in a procedural morass" after a Delaware Chancery Court magistrate held the company in contempt and ordered it to pay sanctions over its refusal to pay an over $2 million legal fee advancement bill.

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Fed's Master Account Stance Goes Too Far, 2nd Circ. Told

By Jon Hill

The Federal Reserve's claim of broad discretion to cut financial institutions off from master accounts could turn these U.S. payment system gateways into potential tools of partisan warfare, an attorney for a Puerto Rico bank told a Second Circuit panel Thursday.

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Interior Dept. Says NY Can't Overcome Offshore Wind Halt

By Ganesh Setty

The Trump administration has urged a D.C. federal court to reject New York's attempt to undo the suspension of an Ørsted subsidiary's offshore wind project, saying the state has only claimed distant and derivative economic harm.

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Pasadena Settles Tenants' Wildfire Contamination Claims

By Isaac Monterose

The California city of Pasadena has agreed to settle claims filed by local residents who alleged in California state court that the city failed to conduct "adequate inspections" for homes that were contaminated with "toxic smoke, ash and soot" caused by the Eaton wildfires that occurred in January 2025.

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DC Circ. Urged To Revive PJM Watchdog's Access Fight

By Keith Goldberg

The electricity market watchdog for PJM Interconnection on Thursday urged the D.C. Circuit to reconsider its dismissal of its lawsuit over the Federal Energy Regulatory Commission denying it access to certain committee meetings held by the regional grid operator.

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4th Circ. Told EPA's W.Va. Haze Approval Broke Law

By Elaine Briseño

Two environmental groups have urged the Fourth Circuit to vacate the U.S. Environmental Protection's approval of a regional air quality plan in West Virginia, arguing it allows power plants in the area to skirt required pollution controls.

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DOL Proposes Pharmacy Benefit Manager Fee Disclosure Rule

By Kellie Mejdrich

The U.S. Department of Labor's employee benefits subagency Thursday proposed a rule to require new fee disclosures from pharmacy benefit managers, which act as intermediaries between drugmakers, pharmacies and insurers, to help managers of employee health plans ensure PBM services are reasonably priced.

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Conn. Drug Price Cap Survives Distributor Challenge, For Now

By Aaron Keller

The Second Circuit has declined a bid to immediately block the state of Connecticut from enforcing a cap on generic and off-patent drug prices while the Healthcare Distribution Alliance, a collection of wholesale distributors, challenges the new law.

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Valve Scores Partial Win As Its Patent Troll Claims Near Trial

By Rachel Riley

A Seattle federal judge found Wednesday that inventor Leigh Rothschild breached an intellectual property licensing deal by leveling bogus infringement claims against Valve Corp. in 2022 but left other key questions for jurors to consider when the video game company's patent trolling case heads to trial next month.

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USPTO Asked For Clarity On Proposed Foreign Applicant Rule

By Adam Lidgett

A trade group representing intellectual property owners wants clarity on the U.S. Patent and Trademark Office's proposed requirement for all foreign patent owners to be represented by a domestic-registered patent practitioner and suggested steps to "promote fairness."

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Mass. AG Sues 9 Towns To Enforce Housing Law

By Julie Manganis

The Massachusetts attorney general on Thursday sued nine towns that have not complied with a controversial state housing initiative requiring them to allow multifamily housing in at least a portion of their communities.

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Boulder County Residents Lose Easement Appeal

By Zach Dupont

A Colorado Court of Appeals panel found Thursday in a ruling of first impression that adjacent property owners lack standing to challenge the termination of a conservation easement in a group of Boulder County landowners' appeal against the county.

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4th Circ. Wary Of Kicking Up 'Sandstorm' On Deferred Comp.

By Kellie Mejdrich

The Fourth Circuit appeared reluctant Thursday to revive a proposed class action brought against Bank of America and Merrill by an ex-financial adviser who said he was shorted deferred compensation, as judges questioned whether federal benefits law applied to payments that looked like bonuses.

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NYC Sets New Wage Standards For Security Guards

By Emily Brill

Security guards at private buildings in New York City will be entitled to the same minimum wage, paid time off and benefits received by security guards at public buildings under a new union-supported city law enacted Thursday.

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Apple Aims To Boot Anti-Moonlighting Suit To Arbitration

By Ben Adlin

Apple Inc. urged a Seattle federal judge to throw out a former employee's proposed class action accusing the company of unlawfully barring lower-wage workers from taking second jobs, arguing that plaintiff Gabriel Fisher gave up his right to sue when he signed an arbitration agreement included in his job offer.

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DOJ Awards $1M In First For Antitrust Whistleblower Program

By Rae Ann Varona

The U.S. Department of Justice's Antitrust Division awarded a whistleblower $1 million for providing information that led to charges and a $3.28 million criminal fine against used-vehicle auction site EBlock, marking the first-ever award under a new antitrust whistleblower program, the DOJ announced Thursday.

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Dems Have Questions Over FTC's Unsealed Pepsi Complaint

By Matthew Perlman

Democratic lawmakers have accused PepsiCo Inc. of providing misleading responses to a previous inquiry about the Federal Trade Commission's abandoned price discrimination case, while also raising concerns that the agency dropped the case for political reasons.

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Md. Tech Groups Praise Cybersecurity Tax Credit Plan

By Sanjay Talwani

Expanding eligibility for Maryland's cybersecurity tax credit would help more customers use tools from companies in the state to protect their data and information systems, industry representatives and the state's Commerce Department director told legislators Thursday.

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11th Circ. Shields Deputy In Fatal Drunken-Driving Case

By Carolina Bolado

The Eleventh Circuit ruled Thursday that an off-duty sheriff's deputy who fled the scene after drunkenly crashing his patrol car into another vehicle and killing a man is entitled to qualified immunity on a civil rights claim, ruling the conduct did not clearly violate the Constitution even if it was egregious.

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NC Vape Sale Limits Face Preemption Test At 4th Circ.

By Abigail Harrison

Counsel for vape manufacturers and sellers implored the Fourth Circuit Thursday to agree with an interpretation of the federal Food, Drug, and Cosmetic Act that would preempt a new North Carolina law that regulates and prohibits the sale of certain e-cigarette or "vape" products.

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Vape Cos. Tell 4th Circ. Not To Stay Block On Va. Regs

By Mike Curley

A pair of vape companies is urging the Fourth Circuit not to issue a stay on an order blocking enforcement of a Virginia law prohibiting the sale of unapproved e-cigarettes, saying the district court correctly found that portions of the law were preempted by federal law.

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Utah House Bill Would Require Tax Hike Notice, Set Limits

By Zak Kostro

Utah would require taxing entities to provide notice of their intent to levy a property tax rate above a statutorily defined base rate and impose limits on property tax increases under a bill introduced in the state House of Representatives.

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Immigrants' Attys Say Detention Center Must Ease Access

By David Minsky

Counsel for a proposed class of individuals detained at an immigration detention facility in the Everglades urged a Florida federal court Thursday to lift restrictions on attorney access, arguing that they violate detainees' freedom of association under the First Amendment. 

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Clemency Favors White Collar Offenders, New Study Shows

By Phillip Bantz

White collar criminal defendants are more likely than other types of offenders to receive presidential pardons, especially under the Trump administration, a new analysis of clemency actions shows, raising concerns about a system one expert called "broken."

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2nd Circ. Backs Rental Assistance, Medicaid Fraud Conviction

By Isaac Monterose

The Second Circuit has upheld the conviction of a New York City man who was sentenced to 70 months in prison for running a more than $1.8 million rental assistance and Medicaid fraud scheme.

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Ex-Boston Activist Given Probation For Fraud Schemes

By Julie Manganis

A former prominent Boston activist was spared from a prison term by a Massachusetts federal judge Thursday at her sentencing for misusing thousands of dollars in donor funds for personal expenses and fraudulently claiming housing and unemployment benefits.

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Minn. County Appeals 3,000-Acre Land Trust Order At 8th Circ.

By Crystal Owens

A Minnesota county and two of its townships are appealing to the Eighth Circuit a lower court's order that dismissed a challenge to a U.S. Department of the Interior decision to take more than 3,000 acres into trust for the Mille Lacs Band of Ojibwe.

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U. Of Edinburgh Repatriates Historic Muscogee Remains

By Crystal Owens

Scotland's University of Edinburgh is returning the remains of six Muscogee (Creek) Nation individuals in what it says it believes is the first international repatriation of Native American ancestral remains to the United States' mainland.

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FCC To Collect More Info On Cos.' Ties With US Adversaries

By Christopher Cole

The Federal Communications Commission voted Thursday to require companies seeking telecommunications approvals to attest in writing if they are owned or controlled by foreign adversaries in a bid to increase national security in the media and telecom industries.

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Feds OK Expansion To Boost Techs In 6 GHz Airwaves

By Christopher Cole

The Federal Communications Commission on Thursday agreed to new rules expanding use of the 6 gigahertz spectrum band, mainly to drive the growth of devices using the Internet of Things and virtual and augmented reality.

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Brief

FCC's Carr Says More Plans To 'Delete' Regs On Way Soon

By Christopher Cole

The chief of the Federal Communications Commission says more rounds of his "Delete, Delete, Delete" initiative to scale back what he views as obsolete telecom rules will be coming up soon.

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Dispensaries Sue Hawaii Over Criminalizing Hemp Products

By Mike Curley

Two dispensary owners are suing Hawaii's attorney general and the Hawaii State Department of Health, alleging that the state's new law regulating hemp products is preempted by the 2018 Farm Bill and violates the supremacy clause by criminalizing conduct Congress legalized.

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Keys To Effective Mental Health Mitigation In Sentencing

Instead of framing a defendant's mental health diagnoses as generalized grounds for leniency during sentencing, defense counsel should present them as objective clinical data that directly informs the risk assessment and rehabilitative questions judges are statutorily required to consider, say Joseph De Gregorio at JN Advisor and Richard Levitt at Levitt & Kaizer.

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Key Policy Moves Are Powering Nuclear Growth

The past year has seen a shift toward strong federal support for new nuclear power generation, and both recent and anticipated policy developments are likely to encourage progress toward that goal — but making sure that this momentum continues may be the hard part, say attorneys at Balch & Bingham.

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OCC Rulemaking May Clear Haze Around Trust Banks' Scope

A recent Office of the Comptroller of the Currency proposal at last eliminates uncertainty around whether national trust banks can engage in nonfiduciary activities, but it does not address which activities are permissible or whether a minimum amount of fiduciary activity is required, say attorneys at Davis Polk.

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Rescheduling Cannabis Marks New Tax Era For Operators

As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.

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Patent Eligibility Faces Widening Gap Between USPTO, Courts

The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

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Navigating Trade Secret Exceptions In Noncompete Bans

Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

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Series

Playing Tennis Makes Me A Better Lawyer

An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

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FTC Warns 42 Law Firms Of DEI 'Anticompetitive Collusion'

By Sarah Jarvis

The Federal Trade Commission announced Friday that it has sent warning letters to 42 major law firms for their purported participation in an outside diversity, equity and inclusion program, alleging their participation could constitute anticompetitive collusion.

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Analysis

Real Estate Attys 'Not Going In Blind' Amid Data Center Boom

By Chris Villani

The explosion of artificial intelligence has created a sharp demand for new data centers with no signs of slowing down, posing challenges that have some real estate attorneys turning to well-worn playbooks from other industries.

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Susman Faces Suit After Ex-Client's Arbitration Loss

By Adam Lidgett

Susman Godfrey LLP and a litigation funding business were hit with a lawsuit in Texas state court by an Irish patent litigation business that is challenging the outcome of an arbitration proceeding putting it on the hook for more than $37.8 million.

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Attys Rip Judge-Shopping Sanctions As Bid To 'Rewrite' Rules

By Jake Maher

Two Alabama attorneys who were sanctioned for allegedly judge shopping in a civil rights case urged the Eleventh Circuit to toss the sanctions Friday, arguing the judges accusing them were seeking to "rewrite" the Federal Rules of Civil Procedure.

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Brief

Bill Regulating Attorney AI Use Passes California Senate

By Emily Sawicki

A proposed California law that would regulate attorneys and arbitrators' use of generative artificial intelligence statewide has headed to the Assembly after the state Senate unanimously approved the measure.

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Colo. Firm Hit With Proposed Class Action Over Data Breach

By Rachel Konieczny

A Colorado law firm failed to properly care for the personal information of clients and their customers and did not provide adequate notice of a February 2025 data breach, according to a proposed class action in state court.

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Litigation Funder Suit Against Janus Henderson Can Proceed

By Ryan Boysen

A lawsuit that claims a Janus Henderson Group subsidiary schemed to take over a mass torts litigation funder can go forward, after a Delaware Chancery Court judge ruled the funder's case was compelling enough to survive a motion to dismiss.

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House To Vote On Reform Of Court Nondisclosure Orders

By Courtney Bublé

Sen. Lindsey Graham, R-S.C., fumed at the House on Friday for trying to undo a provision that allows him and other senators investigated by special counsel Jack Smith to sue for damages and held up the government funding vote as a result. But a bill the House is poised to take up next week could alleviate some of his concerns.

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9th Circ. Says DOJ Can Withhold VW Grand Jury Records

By Emily Field

The Ninth Circuit on Friday held that the U.S. Department of Justice couldn't be forced to hand over about 6 million Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal, as the government obtained them through a grand jury subpoena.

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Analysis

The Message From Delaware Courts: Change Is Coming

By Jeff Montgomery

Delaware's Supreme Court delivered a reminder to the state's corporation law ecosystem recently with a reversal of a Court of Chancery decision invalidating a 7-year-old stockholder agreement that granted broad corporate powers to investment bank Moelis & Co.'s founder.

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Roundup

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

By Max Austin

This past week in London saw collapsed solar bonds company Rockfire Capital sue the Royal Bank of Scotland, e-ticket platform Eventbrite target the owners of Salford Red Devils rugby club over an alleged contract breach, and Scottish distiller William Grant & Sons square off against a former MP in a trademark tussle tied to its Glenfiddich whisky. 

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

When Minnesota-based companies publicly called for de-escalation after two fatal shootings by federal ICE agents, the nation saw how CEOs and their general counsel can step up amid controversy. And a new study shows that white collar offenders received more than half of all recent pardons. These are some of the stories in corporate legal news you may have missed in the past week.

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Law360's Legal Lions Of The Week

By Kevin Penton

Kellogg Hansen Todd Figel & Frederick PLLC leads this week's edition of Law360 Legal Lions, after a D.C. Circuit panel revived a lawsuit that accuses pharmaceutical companies of aiding a Hezbollah-linked militia's terrorism in Iraq.

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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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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