Analysis

Privacy Hawks Plot What's Next After FISA Passage

By Courtney Bublé

After the Senate sent a bill renewing the controversial warrantless foreign surveillance law to the president's desk on Saturday, Sen. Ron Wyden, D-Ore., a staunch privacy advocate and one of the 34 senators to vote against it, said, "I'm not giving up."

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Analysis

​​​​​​​Legal Battles Set To Begin On Broadband 'Neutrality' Regs

By Christopher Cole

Now that the Federal Communications Commission's Democratic leadership brushed past GOP members' opposition to net neutrality rules, it faces what could be a higher hurdle — growing resistance in the courts to expansive views of agency powers.

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EPA Unveils Final Power Plant Rules, Prepares For Challenges

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency on Thursday finalized four new rules that will impose tougher standards on greenhouse gas and mercury emissions from power plants, wastewater discharged from those facilities, and the storage and management of coal ash.

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Biden Permitting Reform To Fast-Track Power Line Approvals

By Peter McGuire

Streamlined federal permitting for electric transmission projects is expected to shave years off the authorization process and speed up development of new power connections, according to a final new rule released on Thursday by the Biden administration.

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Objector Takes $125M PACER Overcharge Deal To Fed. Circ.

By Ali Sullivan

An objector to a $125 million deal resolving class action claims that the federal judiciary overcharges users of its PACER court records system is taking his challenge to the settlement to the Federal Circuit.

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Justices Skeptical Of Trump's Absolute Immunity Bid

By Katie Buehler

A majority of the U.S. Supreme Court appeared open Thursday to the idea of limited immunity for former presidents related to the office's core constitutional powers, but divisions emerged among the justices over how to determine when acts outside of that narrow category are potentially subject to criminal prosecution.

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Ex-Tabloid CEO Says Trump Was Furious When Affair News Hit

By Stewart Bishop and Frank Runyeon

Former American Media Inc. CEO and National Enquirer publisher David Pecker told a New York jury on Thursday that he paid off Playboy model Karen McDougal to keep her from going public about an affair with Donald Trump, who became enraged when news of the affair surfaced just days before the 2016 election.

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Trump Can't Overturn $83M Verdict For Defaming Carroll

By Elliot Weld

Former President Donald Trump was denied a bid Thursday to get a new trial or to overturn a Manhattan federal jury's $83 million defamation verdict awarded to columnist E. Jean Carroll stemming from her sexual assault claims against Trump.

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Trump Legal Fees Paid Via Illegal Scheme, Watchdog Org Says

By Bonnie Eslinger

Donald Trump's 2024 presidential campaign and related political committees have masked payments for millions of dollars in legal work done for the former president in a possible violation of federal law, an election watchdog claims in a complaint filed Wednesday with the Federal Election Commission.

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Mich. Drops Detroit Gerrymandering Appeal In $2M Fee Deal

By Carolyn Muyskens

The Michigan commission tasked with drawing the state's legislative maps voted Thursday to forgo a U.S. Supreme Court appeal of a ruling that it unconstitutionally used race to craft Detroit voting districts.

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Texas County's Electioneering Rules Face Questions In Court

By Spencer Brewer

A Texas federal judge pushed a top Fort Worth-area county official on whether new restrictions on signage outside an election site were put in place to stop voter intimidation, pressing county officials on how the policy complies with the First Amendment.

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SEC, Trade Group Ask DC Circ. To Revive Proxy Advisory Rule

By Jessica Corso

The U.S. Securities and Exchange Commission and a leading trade group called on the D.C. Circuit Thursday to revive a rule imposing heightened disclosure requirements on proxy advisory firms, appealing a lower court decision that threw out the requirements.

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FDIC Tables Plans To Scrutinize Big 'Passive' Bank Investors

By Jon Hill

Federal Deposit Insurance Corp. leaders on Thursday debated two competing proposals intended to address concerns about asset managers and other investors amassing outsized influence over banks whose shares they own, ultimately taking the rare step of tabling the measures as neither garnered majority support.

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Crypto Co. Sues 'Crusading' Gensler Over SEC's Ether Stance

By Aislinn Keely

Cryptocurrency software company Consensys Software Inc. sued the U.S. Securities and Exchange Commission on Thursday in Texas federal court over the agency's treatment of the Ethereum network's ether token as a security after the company received a so-called Wells notice that agency staff intends to recommend an enforcement action over its products.

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Treasury Finalizes Rules On Sales Of Green Energy Credits

By Kat Lucero

The U.S. Department of the Treasury released final rules Thursday to facilitate the sale or transfer of clean energy tax credits by project owners under a new way to monetize the incentives created by the 2022 landmark climate law.

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Feds' Pacific Sardine Management Plan Lacking, Judge Says

By Juan-Carlos Rodriguez

The government's plan to protect Pacific sardines, an important food source for many marine species, fell short in a number of ways, including by failing to prevent overfishing, a California federal judge has ruled.

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1st Circ. Tosses Second Vineyard Wind Challenge

By Juan-Carlos Rodriguez

The First Circuit on Thursday rejected a legal challenge to the federal government's approval of a wind energy project off the coast of Martha's Vineyard and Nantucket, the second such ruling in as many days.

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FERC Says National Grid Held Up To Winter Weather

By Madeline Lyskawa

The Federal Energy Regulatory Commission revealed during its monthly meeting Thursday that the nation's electric grid and natural gas systems largely operated without any major incidents when severe winter weather swept across the country in January, marking a stark improvement from previous winter storms.

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Antitrust Enforcers Warn FERC About Ownership Overlaps

By Matthew Perlman

The Federal Trade Commission and the U.S. Department of Justice warned energy regulators Thursday about competitive risks that can arise from investment firms that own stakes in multiple electric utilities, even if they don't have controlling interests.

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Colo. Regulators Say Past Suncor Spills Forced New Permit

By Daniel Ducassi

Colorado water quality regulators on Thursday urged a state judge not to pause the effects of a renewed water discharge permit that Suncor Energy is challenging as arbitrary and unduly expensive, arguing the new requirements in the updated permit are the company's own fault.

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Biden Admin's Gas Venting Curbs Are Illegal, ND Says

By Peter McGuire

A North Dakota-led alliance of states has accused the Biden administration of pushing through limits on greenhouse gas emissions from the oil and gas sector illegally disguised as a rule to reduce industry waste, according to a lawsuit filed in federal court.

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Fla. High Court Says PIP Law Doesn't Mandate 100% Payment

By Carolina Bolado

The Florida Supreme Court ruled Thursday that Allstate Insurance Co. is not required to pay 100% of a chiropractic provider's charges under a personal injury protection policy, saying to enact such a requirement would misread both Florida's PIP law and Allstate's policy.

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Wash. Appeals Court Rejects Seattle High-Rise Permit Dispute

By Rachel Riley

A Washington state appeals court sided with a developer on Thursday in a challenge to its plan for a 17-story apartment building on Seattle's waterfront, concluding that the project's opponents missed their chance to contest the city's decision not to hold the proposal to certain shoreline regulations.

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Analysis

4 Takeaways From DOL's Final ERISA Investment Advice Regs

By Kellie Mejdrich

The U.S. Department of Labor’s finalized regulations broadening who qualifies as a fiduciary under the Employee Retirement Income Security Act will bring more investment advisers under the purview of federal benefits law, but the final version contains some important differences from what the DOL initially proposed. Here are four key takeaways.

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Pa. Justices OK Teacher 'Character' Test For Suspended Atty

By Matthew Santoni

The Supreme Court of Pennsylvania on Thursday upheld a lower court's ruling that an ex-attorney's disciplinary records can be used by the state Department of Education when evaluating whether that attorney has the "good moral character" to get a teaching license.

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EEOC Pregnant Worker Rule Draws Suit From Red State AGs

By Vin Gurrieri

A group of 17 Republican state attorneys general hit the U.S. Equal Employment Opportunity Commission with a lawsuit Thursday over the agency's recently finalized Pregnant Workers Fairness Act regulations, saying the EEOC's stance that the PWFA encompasses abortion-related workplace accommodations is unconstitutional. 

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Ex-Defender Says Feds Can't Hide Other Harassment Reports

By Hayley Fowler

A former assistant federal defender wants to make certain #MeToo evidence public following the trial in a case accusing the judiciary of botching its probe into her own sexual harassment complaint, saying the contents of similar allegations concerning the Federal Defender's Office have already been publicly revealed.

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UK Antitrust Arm Frontloads In-Depth Merger Probes

By Bryan Koenig

U.K. antitrust authorities finalized extensive changes Thursday to their in-depth merger probes, with an emphasis on frontloading the process for sooner — and more informal — talks with companies under investigation.

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Conn. Judge In Drug Price-Fixing Suit Reveals Day Pitney Ties

By Ryan Harroff

U.S. District Judge Michael P. Shea of the District of Connecticut said Thursday he will not recuse himself from overseeing state enforcers' price-fixing claims against Sandoz Inc. and other drug companies despite Sandoz's attorneys being from Day Pitney LLP, where he was once a partner.

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NC Hospital Leader Condemns FTC's Merger Block Bid

By Travis Bland

The chief of staff for a North Carolina hospital in the midst of a merger battle ripped the care facility's current owners Thursday in a show of support for new ownership, pleading for federal antitrust regulators to get out of the way lest they usher in "a year long death marked by suffering" for the hospital.

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Analysis

Split Take On NJ 'Fake' Sale Case Disrupts Biz-Friendly Pattern

By George Woolston

A recent New Jersey Supreme Court decision rejecting "fake discounts" as a source of consumer fraud was a boon for the class action defense bar, but the takes of three dissenting judges and Attorney General Matt Platkin show that the state's largely business-friendly jurisprudence on what qualifies as an ascertainable loss isn't quite settled.

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Conn. Judge Sends Colo. Mass Shooting Cases To State Court

By Brian Steele

A Connecticut federal judge sent two lawsuits against gunmaker Sturm Ruger & Co. Inc. back to state court Thursday, finding that the complaints brought by the estates of two Colorado mass shooting victims did not meet a key standard for handling the claims in federal court.

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Wash. Large-Magazine Ban Stays As Court Official Fears Tragedy

By Greg Lamm

The Washington Supreme Court commissioner said Thursday the state can maintain its ban on the sale of large-capacity magazines for now, saying in his ruling he was kept awake at night over the potential that lifting the ban would allow an especially "awful" mass shooting.

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DOD Unblocks Cohen Seglias From Emails Following Lawsuit

By Rae Ann Varona

Cohen Seglias Pallas Greenhall & Furman PC on Thursday dropped its lawsuit against the Defense Information Systems Agency after the agency acknowledged it mistakenly flagged the firm for malware and blocked it from government emails, the firm's attorney told Law360.

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Dominican Republic, Uzbekistan No Longer On IP Watch List

By Jennifer Doherty

The Office of the U.S. Trade Representative announced Thursday it has removed the Dominican Republic and Uzbekistan from its watch list of countries with poor track records on intellectual property protection, keeping close trade partners Mexico and Canada on the roster.

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Court Brushes Off Door Co.'s Bid To Hasten Duty Refund

By Jennifer Doherty

The U.S. Court of International Trade backed U.S. Customs and Border Protection's timeline for unwinding duties on door thresholds from Vietnam after the agency reversed a previous evasion finding, saying CBP's redetermination became final after the court's approval.

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GOP Lawmakers Want Intel Chip Exports To Huawei Blocked

By Dorothy Atkins

Sen. Marco Rubio, R-Fla., and Rep. Elise Stefanik, R-N.Y., demanded Wednesday that the U.S. Department of Commerce "immediately revoke" all export licenses granted to Huawei, following the Chinese technology giant's recent announcement that it plans to use new Intel chips with artificial intelligence capabilities in its latest personal computers.

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OECD Says Latvia Must Shift Tax Burden, Limit Fuel Subsidies

By Jack McLoone

Latvia needs to shift its tax burden off labor and onto other forms of income such as property, and to eliminate harmful subsidies and tax practices around fossil fuels, the Organization for Economic Cooperation and Development said Thursday.

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Judge Puts Texas Arrest Law Case On Ice During Appeal

By Britain Eakin

A Texas federal court has paused the Biden administration's lawsuit challenging Texas' controversial law allowing state officials to arrest and deport migrants crossing the border unlawfully until the state's appeal of the court's temporary block on the law concludes.

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US Says Seizure Power Erodes Landowner's Border Wall Suit

By Alyssa Aquino

The federal government told the Fifth Circuit that its eminent domain authority should defeat a landowner's claims that she owns a $6.5 million section of border wall that was allegedly built on her farm without authorization in 2008.

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DOJ Pressed On Prosecutions Of Muslim Asylum-Seekers

By Jared Foretek

The U.S. Department of Justice is facing new questions from Capitol Hill over prosecutions of Muslim asylum-seekers in the wake of a Los Angeles Times report showing that migrants from majority-Muslim countries were disproportionately imprisoned at the U.S.-Mexico border in Texas.

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Feds Say COVID Fraud Case Against Ex-Pol Clears Early Bar

By Brian Dowling

Federal prosecutors said Thursday that a former Massachusetts politician should save for trial his arguments seeking to dismiss claims that he lied to rake in COVID-19 relief funds and tried to avoid reporting income to the Internal Revenue Service. 

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Gov't To Use Tribal Energy Purchase Preference For First Time

By Daniel Wilson

The Biden administration announced Thursday that it intends to purchase thousands of megawatts of carbon-pollution-free electricity certificates from tribal sources, marking the first time the government will use a nearly two-decade-old procurement preference for tribally sourced energy.

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Ariz. Tribes, Groups Seek Stay In SunZia Power Line Ruling

By Crystal Owens

Native American tribes and environmentalists are asking an Arizona federal district court for an emergency injunction that would stay a ruling that rejected their bid to block work on SunZia's $10 billion transmission line while they appeal the decision, arguing that construction is already going ahead in culturally sensitive locations.

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Feds Lose Bid To Toss SD Tribe's School Funding Suit

By Joyce Hanson

A South Dakota federal judge has denied the Bureau of Indian Affairs' attempt to dismiss a tribe's lawsuit accusing the BIA of over-collecting on a $1 million school debt obligation, finding there are enough factual allegations asserted in the amended suit to keep it alive.

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FCC Restores Net Neutrality Rules In Party-Line Vote

By Christopher Cole

The Federal Communications Commission voted 3-2 on party lines Thursday to bring back the Obama-era net neutrality regime by reclassifying broadband service under the Communications Act and making it subject to common carrier telecom rules.

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FCC OKs $1.35B T-Mobile, Mint Deal With Unlocked Phones

By Lauren Berg

The Federal Communications Commission on Thursday approved T-Mobile's $1.35 billion purchase of Ka'ena, the parent company of Hollywood actor Ryan Reynolds' wireless brand Mint Mobile, adopting as a condition for approval the carrier's commitment to more quickly "unlocking" its phones so they can be transferred between service providers.

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Standard General Claims Racial Bias By FCC In Tegna Deal

By Jared Foretek

Hedge fund manager Soo Kim is suing the Federal Communications Commission and a cadre of media players over what he calls a racially charged conspiracy to block his fund's $8.6 billion purchase of media company Tegna, claiming the agency discriminated against him when it sidelined the deal last year.

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FCC Proposes Local Georouting For 988 Calls

By Katherine Smith

The Federal Communications Commission proposed Thursday to introduce geolocation for calls made to the 988 Suicide and Crisis Lifeline, which would ensure that the calls are routed to a local crisis center instead of one in another city or state.

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Dems Press DEA To Move Quickly On Rescheduling Marijuana

By Sam Reisman

A coalition of Democratic U.S. senators and House members are urging the U.S. Department of Justice to complete swiftly its review of marijuana's legal status and remove the drug from Schedule I of the Controlled Substances Act.

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Mich. Pot Group Says Suit Against Town Was Properly Pled

By Mike Curley

A group of residents of Lima Township, Michigan, have asked a federal court not to throw out their suit claiming that the township's trustees abused their power by blocking any progress on opening a cannabis dispensary, saying the complaint clearly pleads that their 14th Amendment rights were violated.

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NY Pot Regulator Seeks Dismissal Of Bias Suit

By Sam Reisman

New York's cannabis regulator on Wednesday asked a federal judge to toss a lawsuit litigated by a conservative legal organization that alleges that the state's social equity licensure program discriminates against white men, saying the plaintiffs lack standing.

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How Cos. Can Prep For New Calif. Privacy Regulations

The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.

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EPA Chemical Safety Rule Raises Questions About Authority

Stakeholders should consider the practical and economic costs of the U.S. Environmental Protection Agency's recently finalized rule imposing novel board reporting regulations for certain chemical plants and refineries, which signals that the agency may seek a role in regulating corporate governance, say attorneys at Sidley.

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Bracing For The CFPB's War On Mortgage Fees

As the Consumer Financial Protection Bureau homes in on the legality of certain residential mortgage fees, the industry should consult the bureau's steady stream of consumer lending guidance for hints on its priorities, say Nanci Weissgold and Melissa Malpass at Alston & Bird.

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Fed. Circ. Defines Foreign IP Damages, Raises New Questions

In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.

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Series

Being An Equestrian Makes Me A Better Lawyer

Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

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Law360 Reveals Titans Of The Plaintiffs Bar

By Rachel Rippetoe

In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

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Senators Urge ABA To Look Into Rape Questions On Bar Apps

By Cara Bayles

Several members of the Senate Judiciary Committee wrote to the American Bar Association on Friday urging it to study how state bar applications require would-be attorneys to disclose sexual violence.

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TikTok GC To Step Down, Work On Overturning US Law

By Bonnie Eslinger

The global general counsel for TikTok and parent company ByteDance will be stepping down from his role in June to take on a different job within the social media giant, the company announced Friday: fighting a new federal law requiring ByteDance to divest in TikKok or face a ban in the U.S.

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Paul Weiss Partner Gertzman Remembered As Moral Leader

By Aebra Coe

Michael E. Gertzman, the former chair of Paul Weiss Rifkind Wharton & Garrison LLP's litigation department who died Wednesday, is being remembered "as a mentor, role model, partner and friend."

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Analysis

Thomas' Long Quest To Undo A 'Grave Constitutional Error'

By Jeff Overley

A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.

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Analysis

How Legos, 'Working Girl' Sealed $10B Sibling Rivalry Win

By Craig Clough

A father-son attorney team used Legos and an argument borrowed from the 1988 film "Working Girl" to help a Los Angeles jury understand how their client's own brother illegally stole his multibillion-dollar real estate business, leading to a $10 billion verdict for their client and his other brothers, the attorneys told Law360.

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Trump Casts Tabloid Deal As 'Standard Operating Procedure'

By Frank Runyeon and Stewart Bishop

Donald Trump's attorneys tried to undermine Manhattan prosecutors' lead witness in his criminal trial on Friday, casting his deal to boost his presidency with the help of a friendly tabloid baron as nothing more than a savvy business relationship that was perfectly legal.

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Coverage Recap: Day 4 Of Trump's NY Hush Money Trial

By Stewart Bishop

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day four.

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The Week In Trump: Tabloid Testimony, High Court Drama

By Phillip Bantz

Donald Trump and his attorneys have been fighting high-stakes legal battles on several fronts as they grappled with a criminal hush money trial in Manhattan, argued at the U.S. Supreme Court for presidential immunity and tried to quash criminal election interference-related charges in Georgia.

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2 NC Sens. Seek Atty Fee Cap In Debt Collection Suits

By Travis Bland

Two Republican North Carolina lawmakers have proposed state legislation that would close a loophole for attorney fees in debt collection actions while giving courts more power to determine a reasonable charge.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

A report by LexisNexis' CounselLink found that average law firm partner billing rates rose 5.4% in 2023, and a federal jury in Colorado rejected a former in-house attorney's claim that Loeb & Loeb LLP and one of its ex-partners acted outrageously in filing a lawsuit accusing him of stealing a medical device company's trade secrets.

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Florida's Top Judge Tapped For 2nd Term As Chief Justice

By Madison Arnold

Florida Supreme Court Chief Justice Carlos G. Muñiz will serve a second term as the top administrative officer of the state's judicial system.

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Law360's Legal Lions Of The Week

By Kevin Penton

Aidala Bertuna & Kamins PC leads this week's edition of Law360 Legal Lions, after New York's highest state court overturned Harvey Weinstein's rape conviction in a contentious, split opinion that found the former movie mogul's first jury proceeding was unfair.

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

By Max Austin

This past week in London has seen budget airline Ryanair file a claim against NATS PLC after the air traffic controller's system collapsed, Mastercard and Visa Europe face group claims from Christian Dior and dozens of other beauty retailers, an intellectual property clash between the publisher of The Sun and ITV, and ISC Europe sue a former director for alleged money laundering. Here, Law360 looks at these and other new claims in the U.K.

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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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