Analysis

End Of De Minimis Duty Breaks May Snag Supply Chains

By Dylan Moroses

As the duty exemption for low-value imports ends Friday in accordance with President Donald Trump's executive order, lawyers say they expect cost increases for importers and customers and administrative burdens that could snarl supply chains, especially for consumer goods.

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Trump Ends Bargaining Rights For Workers At More Agencies

By Hailey Konnath

President Donald Trump on Thursday signed an executive order that purports to remove collective bargaining rights from federal workers at several more agencies, including NASA, the National Weather Service and the U.S. Patent and Trademark Office, a move that one union slammed as "retaliation."

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Wash. Sen. Opposes Full-Term Role For State's New US Atty

By Courtney Bublé

The newly installed interim U.S. attorney for the Eastern District of Washington at this juncture has not been nominated for the full-term role, but one of the state's Democratic senators is already vowing to prevent his confirmation.

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FTC Warns Google Over Alleged Partisan Gmail Spam Filters

By Rae Ann Varona

The Federal Trade Commission Thursday warned Google that it could face an investigation and potential enforcement action if Gmail blocks emails sent from Republican senders, citing recent reporting that Google flagged GOP fundraising emails as spam.

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Federal Reserve Gov. Lisa Cook Sues Trump To Block Firing

By Alison Knezevich

Federal Reserve Gov. Lisa Cook filed suit in federal court in Washington, D.C., on Thursday challenging President Donald Trump's "unprecedented and illegal attempt" to remove her from her position.

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Court Blocks Bid To Keep Everglades Detention Center Open

By David Minsky

A Florida federal judge denied a bid to halt a preliminary injunction requiring the government to cease operations at an Everglades immigration detention center, ruling no new evidence was shown that its detainees are dangerous or why a facility must be placed in that particular location. 

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Ga.'s Chief Justice Warns Of AI's Risks To Trial Evidence

By Emily Johnson

As generative artificial intelligence tools have become widely accessible, Georgia's chief justice said Thursday he's worried about how the technology can be used to manipulate and distort evidence presented in court and what the judiciary can do to prevent that. 

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Ga. AG Loses Bid To Block Rival's No-Limit Fundraising

By Chart Riggall

A Georgia federal judge Thursday threw out a lawsuit aiming to block the state's lieutenant governor from raising unlimited money in his quest for the governorship, ruling that his Republican rival, Georgia's attorney general, lacked standing to "level the unequal playing field complained of."

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CFTC Clears Registration Path For Offshore Crypto Cos.

By Aislinn Keely

The U.S. Commodity Futures Trading Commission on Thursday made clear that certain offshore cryptocurrency entities can use its foreign board of trade registration framework to serve U.S. customers.

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9th Circ. Rules BLM Can Implement Oregon Logging Plan

By Ben Adlin

Officials at the U.S. Bureau of Land Management sufficiently vetted an Oregon logging project that conservationists claim will harm threatened wildlife, a Ninth Circuit panel has ruled, concluding the project does not violate earlier plans to protect coastal forest habitats.

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EPA Backs Truck-Makers' Bid To Block Calif. Emissions Regs

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency on Wednesday joined truck-makers in asking a California federal court to immediately block implementation of the state's emissions standards for heavy-duty trucks.

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Red States Fight Youths' Effort To Stop Trump Energy Orders

By Keith Goldberg

Blocking implementation of President Donald Trump's energy-related emergency orders would harm the U.S. electric grid and economy in ways that would outweigh any purported climate change benefits, Republican-led states told a Montana federal judge.

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Brief

Energy Dept. Extends Pa. Plant's Lifespan, Citing Power Risks

By Juan-Carlos Rodriguez

U.S. Department of Energy Secretary Chris Wright on Thursday ordered PJM Interconnection and Constellation Energy to continue operating a Pennsylvania power plant that was supposed to have closed in May.

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Judge OKs Deal With Mich. To Boost Kids' Mental Healthcare

By Carolyn Muyskens

The state of Michigan has agreed to systemic reforms to increase access to mental health services available to Medicaid-eligible children and youth under a settlement approved by a federal judge Wednesday.

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Local Gov'ts Seek Win In Suit Over HHS-Canceled Grants

By Tom Lotshaw

Four local governments and a union asked a D.C. federal judge on Wednesday to declare that the U.S. Department of Health and Human Services acted unlawfully when it canceled $11 billion in grants awarded to improve public health systems around the country.

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FTC Unpauses Administrative Case Over Insulin Prices

By Matthew Perlman

The Federal Trade Commission has restarted its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, now that two commissioners are able to consider the claims.

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AstraZeneca Challenges Colo. Law Over Drug Pricing Rules

By Zach Dupont

Pharmaceutical giant AstraZeneca told a Colorado federal judge Wednesday that a recently passed state law aiming to extend a federal drug discount program to certain pharmacies is preempted by the same law that created the program.

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First Chief PTAB Judge Remembered As Industrious Leader

By Theresa Schliep

Colleagues and loved ones of James Donald Smith — the first chief judge of the Patent Trial and Appeal Board who died this spring — remembered him as a superb leader, talented violist and dear friend at a memorial service on Saturday that featured a reading of a letter from former President Barack Obama.

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Brief

USPTO Offers Streamlined Patent, TM Assignment Search Tool

By Ivan Moreno

The U.S. Patent and Trademark Office is upgrading its search system for patent and trademark assignment records with a web-based platform beginning next month, the agency said.

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DOJ Right On Anti-Vax Group's AP Boycott Claims, Court Told

By Bryan Koenig

The anti-vaccine group founded by U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. on Wednesday latched onto the arguments raised by the Justice Department backing its lawsuit alleging The Associated Press, the Washington Post, Reuters and the BBC colluded with social media platforms to censor rivals.

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Trump Fires Democratic Member Of Rail Regulator

By Linda Chiem

President Donald Trump on Thursday fired a Democratic member of the Surface Transportation Board who has opposed further consolidation in the rail industry, ousting Robert Primus just as the board prepares to consider the proposed megamerger between Union Pacific and Norfolk Southern.

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NJ Borough Sues American Dream Mall Over Sunday Sales

By Isaac Monterose

A New Jersey borough sued a major East Rutherford mall owner, its main tenant and other parties in state court over the mall allegedly violating the state's ban on selling certain items on Sundays, urging the court to block the main tenant's retail operations and to declare the mall's premises and the sale of the banned products to be public nuisances.

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PBGC Must Reconsider Bakery Union's $132M Bailout Bid

By Grace Elletson

The Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's rehearing bid.

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Religion Didn't Drive Ex-CTA Worker's Vax Refusal, Jury Hears

By Celeste Bott

A former Chicago Transit Authority electrician hasn't met his burden of proving religious discrimination was behind his termination when he refused to be vaccinated against COVID-19, and his refusal was based on personal preference and health and safety concerns about the jab, an Illinois federal jury heard Thursday.

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Email Excluded From Harassment Suit Against Paxton Deputies

By Spencer Brewer

A Texas federal judge on Thursday struck an email from a sexual harassment lawsuit brought against the founders of a law firm founded by former top attorneys in the Texas attorney general's office, but said the plaintiff could conduct discovery regarding the email.

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Unions Urge Judgment Blocking DOGE's Agency Access

By Tim Ryan

Unions and advocacy groups asked a Washington, D.C., federal judge Thursday for a win before trial in their lawsuit claiming agencies unlawfully provided Elon Musk's Department of Government Efficiency access to sensitive data, saying the agencies departed from their usual data access procedures without explanation.

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Brief

SC Ends Sandoz, Novartis Price-Fixing Claims For $2.4M

By Aaron Keller

A Connecticut federal judge on Thursday approved South Carolina's request to dismiss its generic drug price-fixing claims from three multistate lawsuits against Sandoz Inc., Sandoz AG, Novartis AG and Fougera Pharmaceuticals Inc., four months after the parties filed a notice of settlement.

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'Still A Mess': Colo. Special Session Fails To Deliver AI Clarity

By Allison Grande

During its recently concluded special session, the Colorado Legislature extended the implementation deadline for the state's groundbreaking artificial intelligence law but failed to make any substantial changes to the legislation, leaving companies to face continued uncertainty on the scope of liability and other pressing issues.

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4chan Says UK Online Censorship Law Is Powerless In US

By Nadia Dreid

Controversial online platforms Kiwi Farms and 4chan have slapped the United Kingdom's Office of Communications with a lawsuit in D.C. federal court, saying the foreign agency has no power to make them comply with a British privacy law that violates their rights under the U.S. Constitution.

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Hartford Cops' Assault Response Reveals Bias, Court Told

By Brian Steele

The city of Hartford's police department discriminates against women of color by failing to properly investigate their claims of sexual assault, counsel for a Connecticut state representative told a federal judge Thursday, while the municipality argued that she has not backed the allegation that the force is biased.

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Fed. Circ. Says AI Co. Not 'Interested Party' In Bid Protest

By Madeline Lyskawa

The en banc Federal Circuit affirmed on Thursday a lower court's dismissal of Percipient.ai's protest challenging its exclusion from consideration to supply computer vision technology under a $376.4 million National Geospatial-Intelligence Agency procurement, holding that the company lacks standing.

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Australia Aims To Cut 500 Nuisance Tariffs

By Kevin Pinner

The Australian government wants to eliminate around 500 of what are known as nuisance tariffs on goods like televisions, air conditioners, tires, glassware and various foods, expecting to save businesses AU$127 million ($83 million) annually in compliance costs, the Treasury said Thursday.

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UK Plastic Packaging Tax Revenue Dips As Exemptions Rise

By Kevin Pinner

The U.K. has collected slightly less revenue from its tax on plastic packaging over the past year as manufacturers have begun using more recycled materials to qualify for exemptions from the levy and imports have declined, HM Revenue & Customs said Thursday.

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Hawaii Transient Tax Is Unconstitutional, Cruise Cos. Say

By Jaqueline McCool

The extension of Hawaii's 11% transient accommodation tax to cruise ship passengers under a new law violates the U.S. Constitution, a group of cruise companies told a U.S. district court.

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Trump Admin Backs Harvard Foreign Student Ban At 1st Circ.

By Chris Villani

The Trump administration defended its attempt to bar foreign students from enrolling at Harvard University, telling the First Circuit in a brief filed Thursday that a federal judge who blocked the move has no business second-guessing immigration decisions made by the executive branch. 

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Amid Firings, DOJ Opens Temp Judge Eligibility To Any Atty

By Britain Eakin

A new final rule that took effect Thursday removes prior restrictions on who can be a temporary immigration judge, opening the positions to any attorney and waiving the requirement for immigration law experience while the Trump administration continues firing permanent judges.

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10th Circ. Told Okla. 'Race Theory' Law Must Go

By Nadia Dreid

The Tenth Circuit is being told it must ensure academic freedom for the students of Oklahoma, whose constitutional rights and "the very nature of the classroom as a place that nurtures inquiry and discussion" are being undermined by a state law restricting what they can be taught.

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Arkansas Court Dismisses Cherokee Casino License Claims

By Crystal Owens

An Arkansas judge Thursday dismissed a challenge by Cherokee Nation entities over a gaming license in the state, saying the voter amendment that revoked it did not impair any of their contractual obligations and precedent forecloses on any damage claims.

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Tribal Members Seek 5th Circ. Redo In San Antonio Park Row

By Crystal Owens

Two members of a Native American church are asking the Fifth Circuit to rehear its appeal, which looks to block the restoration of a San Antonio park, saying that if left uncorrected, the opinion will leave religious believers vulnerable and sow confusion among district courts.

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Low Earth Co. Urges FCC To Open Spectrum For Satellite Use

By Tom Lotshaw

Logos Space, a new low Earth orbit network, urged the Federal Communications Commission to move forward with a proposal to open spectrum bands up for more extensive satellite usage.

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Black Owner Of Hemp Shop Accuses LA Police Of Illicit Raids

By Jonathan Capriel

A Black entrepreneur claims that the Los Angeles Police Department conducted multiple unlawful raids on his hemp shop that ultimately put him out of business, according to a lawsuit filed in California federal court that seeks $15 million in damages and suggests that the police's targeting was racially motivated.

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Cannabis Biz Says Long Island Town Illicitly Blocked Opening

By Sam Reisman

A cannabis company alleged in a new state court lawsuit that the Long Island town of Southampton improperly invoked a local zoning law to prevent the opening of a marijuana store that had secured state approval for retail and deliveries.

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Calif. Board's Financial-Grade Climate Standards Raise Stakes

After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.

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What FDIC's Asset Threshold Raise Would Mean For Banking

If the Federal Deposit Insurance Corp. goes through with its plan to raise asset thresholds that determine regulatory intensity, it could free billions in compliance costs and bolster regional and community banks, but risk of oversight gaps are making this a contested area in banking policy, says Jessica Groza at Kohr Jackson.

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2nd Circ. Ruling Gives Banks Shield From Terrorism Liability

A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.

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Series

Coaching Cheerleading Makes Me A Better Lawyer

At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

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Law360 Pulse Exclusive: The Billable Hour

In this package, Law360 Pulse explores the demand for rainmakers, the continued increase of hourly rates and whether artificial intelligence will finally kill the billable hour. For all Law360 readers, click to access a sample story: Why This Small-Firm Lawyer Charges $3,000 Per Hour.

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JAG Corps Sent To DC To Fill 'Critical Vacancies'

By Courtney Bublé

Military attorneys are being sent to prosecute crimes in Washington, D.C., as the Trump administration seeks to beef up prosecutions in the nation's capital as part of the federal surge of law enforcement.

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Judge Newman's Suspension Extended Once Again

By Ryan Davis and Theresa Schliep

Federal Circuit Judge Pauline Newman's suspension from hearing cases was extended by another year on Friday, in a unanimous opinion by the appeals court's 11 other judges.

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Q&A

'Be Careful,' New Mich. Chief Judge Tells Attys When Using AI

By Danielle Ferguson

Just weeks into the job, the new chief judge of the U.S. District Court for the Eastern District of Michigan is navigating challenges like an uptick in cases and the need for another magistrate judge, and has a word of warning for attorneys using artificial intelligence in their practice.

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Analysis

M&A Attys Hand Tasks To 'Machines' In Careful Embrace Of AI

By Al Barbarino

Artificial intelligence is no longer just a back-office tool in mergers and acquisitions legal work, but is increasingly embedded in core deal processes that help attorneys manage due diligence, draft agreements and assess risk.

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DOJ Targets BigLaw, Big Tech For Antitrust 'Gamesmanship'

By Bryan Koenig

The U.S. Department of Justice's top antitrust official singled out technology platforms and the BigLaw attorneys who represent them for "gamesmanship" by hiding key information from merger and conduct investigators, and announced a special task force "to tackle abuses that arise in our investigations."

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Law360's Legal Lions Of The Week

By Kevin Penton

Sullivan & Cromwell LLP leads this week's edition of Law360 Legal Lions, after the Fifth Circuit vacated a pair of Biden-era regulations aimed at bolstering transparency in the short-selling market.

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Panel Nixes Buzbee Win Against Atty Who Aided Campaign

By Madison Arnold

A Texas state appeals court has reversed a $765,000 summary judgment awarded to personal injury lawyer Tony Buzbee in a dispute with an attorney who said she was never paid for her contributions to his 2019 Houston mayoral campaign.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Is AI killing the billable hour — here's what general counsel need to know about how the use of artificial intelligence is affecting law firms' billing model. Anthropic has agreed to a deal to end copyright suits brought by authors who said their works were illegally used to train the company's large language model. These are some of the stories in corporate legal news you may have missed in the past week.​

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DOJ Swears In 3 New Board Of Immigration Appeals Members

By Britain Eakin

The Executive Office for Immigration Review announced Friday that three new Board of Immigration Appeals members — Sheila E. Gallow, Marcos Gemoets and Kathleen K. Volkert — were sworn in during a ceremony on Thursday.

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Colorado Law Firm Faces Class Action Over Data Breach

By Zach Dupont

A Colorado law firm was hit with a proposed class action in federal court after a Utah woman claimed that the firm didn't take ample measures to protect the personal information of more than 5,000 people, which was stolen in a data breach earlier this year.

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Scores On July Bar Exam Rise Amid Dip In Test Takers

By Tracey Read

The number of examinees passing the multistate bar exam in July continued to gain momentum, with near record highs seen this summer over the past 12 years, according to an announcement from the National Conference of Bar Examiners.

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LA's Acting US Atty Essayli Faces DQ Bid Over Expired Term

By Craig Clough

The Federal Public Defender's Office in Los Angeles urged a California federal court Friday to disqualify acting U.S. Attorney Bill Essayli, arguing that his temporary 120-day appointment has expired and his continuing service in the role "circumvented limitations" imposed by Congress.

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Exclusive

'I'm Flabbergasted': Fla. Atty's Accusers Rip Bar For Inaction

By Phillip Bantz

More than a year after it began receiving complaints that a Florida lawyer was ghosting clients, the state bar has yet to take action — highlighting what experts call a slow-moving process that can fail to keep pace with expansive alleged frauds.

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Split Fed. Circ. Backs Limits On Presidential Tariff Powers

By Hailey Konnath

The Federal Circuit held that President Donald Trump's emergency tariffs were improperly imposed under the International Emergency Economic Powers Act, which it said makes no mention of "tariff," "duties" or "tax."

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Law360 Names Attys Who Moved Up The Firm Ranks In Q2

A promotion to partner or election to practice group chair means a slew of new responsibilities and also lots of well-deserved recognition. Law360 reveals the list of attorneys whose commitment to legal excellence earned them highly coveted spots in the law firm leadership ranks. Find out if your old legal friends — or rivals — moved up in the second quarter of the year.

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Hub Hires: Prince Lobel, Rubin And Rudman, Weil

By Chris Villani

The dog days of summer did little to slow the churn in the Boston legal market. Prince Lobel added a veteran cybersecurity lawyer, Rubin and Rudman made a pair of partner hires, and Weil added more attorneys from Latham.

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Roundup

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

By Laura Stewart Liberty

This past week in London has seen Prosecco DOC Consortium bring an intellectual property claim against a distributor, the Serious Fraud Office bring a civil recovery claim against the ex-wife of a solicitor jailed over a £19.5 million fraud scheme, and law firm Joseph Hage Aaronson & Bremen LLP sue its former client, the bankrupt Indian tycoon Vijay Mallya. 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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