Analysis

Environmental Rules On Chopping Block For Gov't Contractors

By Madeline Lyskawa

The General Services Administration and Federal Acquisition Regulatory Council truncated their regulatory agendas, stripping rules aimed at minimizing forever chemicals and greenhouse gas emissions in government contracting, as part of the Trump administration's deregulatory program. Here, Law360 takes a look at the regulatory priorities for the two agencies.

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DC Circ. Says Fed's Cook Can Keep Job For Now

By Jon Hill

A D.C. Circuit panel said Monday that Federal Reserve Gov. Lisa Cook can remain on the central bank's board while challenging President Donald Trump's effort to fire her, clearing the way for her to participate in a key interest-rate policy vote this week.

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Senate Confirms Top Trump Economist To Federal Reserve

By Jon Hill

The U.S. Senate narrowly confirmed top White House economist Stephen Miran to the Federal Reserve Board on Monday, giving President Donald Trump a close ally at the central bank as he pushes for greater control over the traditionally independent body.

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EPA Backs Off Drinking Water Regs For 4 PFAS

By Emily Field

The U.S. Environmental Protection Agency has asked the D.C. Circuit to vacate part of its rule setting drinking water standards for certain forever chemicals, saying it now believes that those shouldn't have been included in a Biden-era rule.

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9th Circ. Says Ore. Water Rights Case Is Still Relevant

By Crystal Owens

The Ninth Circuit won't dismiss the Klamath Irrigation District's appeal over water releases from an Oregon lake as moot, saying a decision would provide relief by affecting how the scarce resource is allocated regardless of the federal government's new position on the application of the Endangered Species Act.

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Alsup Says February Firings Of Federal Workers Were Illegal

By Emily Brill

A California federal judge has ruled that it was illegal for the U.S. Office of Personnel Management to initiate a mass termination of federal workers, but didn't order their reinstatement, saying the U.S. Supreme Court would intervene and the fired employees "have moved on with their lives."

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Trump Once More Floats The End Of The Quarterly Report

By Jessica Corso

President Donald Trump has again suggested that publicly traded companies be allowed to issue financial reports twice a year instead of quarterly, reigniting a debate that stalled during his prior term in office when the U.S. Securities and Exchange Commission did not pursue such rulemaking.

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Feds Urge 3rd Circ. To Restore NJ US Atty's Authority

By Emily Sawicki

The federal government has urged the Third Circuit to reverse a district court ruling disqualifying acting U.S. Attorney Alina Habba from prosecuting two criminal cases in New Jersey after the clock allegedly ran out on her interim term, arguing that her appointment is valid and that the court erred in its interpretation of the statute.

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Ex-Epstein Prosecutor Maurene Comey Sues DOJ Over Firing

By Emily Sawicki

Maurene Comey, a former Manhattan federal prosecutor who brought high-profile criminal cases against the likes of Jeffrey Epstein and Sean "Diddy" Combs, sued the Justice Department on Monday alleging her abrupt July firing came "solely or substantially" because she is the daughter of former FBI Director James Comey, a Trump critic.

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Mich. AG Asks To Move Argument Dates As Shutdown Looms

By Carolyn Muyskens

The Michigan Attorney General's Office has asked for a rain check on upcoming oral arguments at the state Supreme Court in light of a possible state government shutdown at the end of the month.

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Rocket Mortgage Can't Defeat DOJ's Racial Bias Suit

By Katryna Perera

A Colorado federal judge has declined to toss the federal government's race discrimination suit against Rocket Mortgage, an appraisal management company and an appraiser, finding, among other things, that Rocket could have requested correction of the appraisal at the heart of the suit.

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Sports Betting Co. Accuses CFTC Of Blocking Its Registration

By Aislinn Keely

Sports betting app Sleeper Markets LLC has accused the Commodity Futures Trading Commission of an "illegal delay" of its bid to become a registered futures commission merchant, calling on the agency's internal watchdog to investigate the status of its application and the "broader potential illegality this incident strongly suggests may be occurring."

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Robinhood Seeks Legal Shield After Mass. AG Sues KalshiEX

By Julie Manganis

Days after Massachusetts' attorney general sued so-called prediction market operator KalshiEX, accusing it of running an unlicensed sports betting platform, Robinhood, which provides access to the Kalshi system on its own platform, urged a federal judge Monday to grant it protection from similar claims.

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Catching Up With Delaware's Chancery Court

By Katryna Perera and Jeff Montgomery

Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.

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FERC Abandons Push To Update Pipeline Review Policy

By Keith Goldberg

The Federal Energy Regulatory Commission has ended its long-gestating proceeding aimed at updating its gas infrastructure approval policy, saying the policy the agency initially enacted in 1999 remains sound.

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Utilities Slam EPA's Lead Water Rule As Too Broad, Rushed

By Juan-Carlos Rodriguez

Drinking water utilities have told the D.C. Circuit that the federal government's 2024 rule ordering the removal of lead service lines imposes unreasonably burdensome compliance requirements, and they urged the court to strike it down.

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11th Circ. Told Fla. 'Radioactive' Road Suit Must Be Tossed

By David Minsky

The U.S. government and a fertilizer producer urged the Eleventh Circuit to toss an environmental nonprofit's challenge to the use of radioactive phosphogypsum on a private roadway, arguing the nonprofit lacks standing. 

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Mich. Ordered To Clarify Stance On Clinic's Trans Care Policy

By Carolyn Muyskens

A federal magistrate judge on Monday ordered Michigan civil rights enforcers to clarify in discovery responses whether a Christian medical clinic's opposition to gender-affirming care violates the state's antidiscrimination law.

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Mich. Says HHS Can't Justify $195M Medicaid Clawback

By Danielle Ferguson

The state of Michigan urged a federal judge to find that the U.S. Department of Health and Human Services cannot catch a payday for its yearslong delay in affirming a decision to disallow $195 million in Medicaid payments to two state-operated psychiatric hospitals, arguing that the delay runs afoul of federal law and the department's own policies.

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Ohio Says Browns' Stadium Suit Is Moot After Law Change

By Elaine Briseño

The state of Ohio told a federal court a Cleveland Browns lawsuit accusing the city of thwarting its move to a suburb is now moot because the state has altered the law at the center of the debate and allocated $600 million from the state budget for its relocation.

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W.Va., Idaho Tell Justices Trans Sports Bans Based On Science

By Elaine Briseño

West Virginia and Idaho urged the U.S. Supreme Court to rule that courts should not use subjective preferences when analyzing whether laws that ban transgender athletes from competing on sports teams different from their sex assigned at birth violate the Constitution.

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2nd Circ. Backs Jimmy Kimmel In George Santos IP Fight

By Stewart Bishop

The Second Circuit on Monday declined to revive George Santos' claims against Jimmy Kimmel, ABC and Disney over video clips the late night host tricked the now-imprisoned former congressman into making, agreeing the fair use doctrine bars the copyright suit.

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Stewart Says New Policies Seek Fairness For Patent Owners

By Ryan Davis

Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart said Monday the numerous changes to patent reviews she has implemented are intended to provide "more balance and fairness" for patent owners, and bring the reviews "back to how they were originally intended."

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US, China Agree On TikTok Ownership Transfer, Bessent Says

By Jade Martinez-Pogue

The U.S. and China established a commercial framework for a deal with video sharing giant TikTok to transfer ownership of the app to the U.S., just days before a deadline to sell the app or shut it down, U.S. Treasury Secretary Scott Bessent told reporters at a press conference in Madrid on Monday.

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Comcast Says Wash. State Tax Unfairly Targets Online Ads

By Maria Koklanaris

Washington state's new law imposing sales tax on certain advertising services violates the federal Internet Tax Freedom Act and the U.S. Constitution, Comcast said in a complaint obtained Monday by Law360.

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In Reversal, 3rd Circ. Lets Honda Challenge NJ Town Tow Law

By Elizabeth Daley

A Third Circuit panel reversed a district court's decision Monday, finding that Honda can argue it was denied due process after a New Jersey borough seized its vehicle from an uninsured lessee for driving uninsured, with a suspended license and registration.

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Ford Battery Factory Challenge Reignited By Mich. Justices

By Danielle Ferguson

The Michigan Supreme Court has revived a challenge to Ford Motor Co.'s plans to build an electric vehicle battery plant in Calhoun County, vacating a lower appellate ruling that affirmed the case's dismissal in light of another state top court opinion over similar zoning authority issues.

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NLRB Fights NY Law That Grew State Labor Agency's Power

By Emily Brill

The National Labor Relations Board is fighting the state of New York's decision to expand its Public Employment Review Board's powers, accusing the state in a new lawsuit of trying to turn its labor agency into a miniature NLRB while the federal agency lacks a quorum.

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Calif. Legislators OK Requiring Oversight Of Workplace AI

By Patrick Hoff

The California Senate has approved a bill that would restrict how employers can use tools powered by artificial intelligence to make employment decisions, sending the legislation to Gov. Gavin Newsom's desk despite opposition from business groups.

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Ousted Public Defender's Bias Suit Meets Skeptical Judge

By Aaron Keller

A Connecticut judge on Monday seemed skeptical of a former chief state public defender's challenge to her ouster, questioning whether the lawyer could support her claim that the Public Defender Services Commission should have called live witnesses to testify during an administrative hearing that led to her termination.

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Town Not Liable For HSA Payments, Conn. Justices Told

By Brian Steele

Five retired Groton, Connecticut, police officers are not entitled to receive payments into their health savings accounts to offset their deductibles because that benefit is only available to active employees, the town told the Connecticut Supreme Court on Monday as it seeks to avoid a $36,000 judgment.

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Brief

House Panel To Consider Retirement, Tribal Workforce Bills

By Kellie Mejdrich

A House panel announced plans Monday to advance several workforce and retirement-related bills later this week, including legislation that would require new reporting from the U.S. Department of Labor's employee benefits arm on information-sharing agreements and a bill to exempt tribal governments from federal wage laws.

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Judge Says Key DOJ Ad Tech Expert Has Little Experience

By Bryan Koenig

A Virginia federal judge signaled trouble ahead Monday for U.S. Department of Justice efforts to paint the sought breakup of Google's advertising placement technology business as technically feasible, asserting during a hearing that a key government witness appears to have little relevant experience to address the question.

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FAA, SpaceX Get Early Win In Starship Enviro Review Suit

By Hailey Konnath

A D.C. federal judge Monday handed a win to the Federal Aviation Administration and SpaceX in litigation alleging they failed to complete an adequate environmental review for SpaceX's Starship rocket launch program, ruling that the analysis was "perhaps imperfect" but ultimately well reasoned.

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FTC Dem Urges Justices Not To Disturb Her Reinstatement

By Hailey Konnath

U.S. Federal Trade Commissioner Rebecca Slaughter on Monday asked the U.S. Supreme Court not to block her reinstatement, arguing lower courts were correct in finding that President Donald Trump violated the law when he removed the Democrat from her post without cause.

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FTC Commissioner Says Antitrust Moment Has Been Building

By Matthew Perlman

Federal Trade Commissioner Mark R. Meador said Monday the current interest in antitrust enforcement has been building for the last several decades as corporate boardrooms increasingly take control over the economic lives of Americans.

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Fired DOJ Deputy Says Lobbyists 'Playing Dangerous Game'

By Bryan Koenig

A former top Justice Department Antitrust Division deputy, allegedly fired for opposing the "pay-to-play" settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, had a warning Monday for the lobbyists he said made the deal possible: there are only so many times they can go over division leadership.

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Brands Say X Corp. Can't Prove Ad Suit Belongs In Texas

By Spencer Brewer

Several big-name brands, including Nestlé and Lego, asked a Texas federal judge to deny X Corp.'s bid to conduct jurisdictional discovery in its sprawling antitrust suit accusing advertisers of boycotting X, saying the company was merely trying to conduct a "fishing expedition."

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Ex-Airman Sues Iran Over 1996 Khobar Towers Bombing

By Jared Foretek

A first responder to the 1996 Khobar Towers bombing in Saudi Arabia is using the Foreign Sovereign Immunities Act to sue the Iranian government, claiming it provided material support to the terrorist group that carried out the bombing, which killed 19 American service members.

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Wash. Justice Yu To Retire After 25 Years On State Bench

By Ben Adlin

Washington State Supreme Court Justice Mary I. Yu has announced she'll step down at the end of 2025 after a dozen years on the court and nearly a quarter-century on the state bench.

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RI Court Halts Political Criteria In $75M Homelessness Grant

By Nate Beck

A Rhode Island federal judge granted a temporary restraining order directing the U.S. Department of Housing and Urban Development to disburse grants through a $75 million program to combat homelessness after groups complained the Trump administration sought to impose new barriers to winning funding.

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Lifeline Providers Hope For Increased Federal Subsidy

By Christopher Cole

Providers of the federal Lifeline phone subsidy are pressing to raise the monthly reimbursement to $30 as part of changes potentially sought by a congressional working group on universal service.

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Chancery OKs Public Access To Some SpaceX Suit Docs

By Jeff Montgomery

Nonprofit news organization ProPublica won a limited Delaware Court of Chancery order Monday for the contested release of some documents and video kept under seal in a Chinese company's suit against a private equity firm over a muffed deal to line up a $50 million investment in SpaceX.

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IRS Finalizes Retirement Savings Catch-Up Rules

By Kat Lucero

The IRS released final regulations Monday that would allow workers reaching retirement age to catch up on their savings by making additional contributions above the annual limits to their employer-sponsored retirement plans, including a requirement for high earners to designate those additional funds as Roth contributions.

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S. Korea Ditches Plan To Widen Gains Tax On Stock Transfers

By Kevin Pinner

South Korea's government is abandoning plans to lower a threshold for its capital gains tax on stock transfers, which would have made more shareholders liable, after receiving negative feedback from markets, the country's finance ministry said Monday.

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Trump Admin. Defends Biden-Era Rule Limiting Asylum

By Britain Eakin

The U.S. Department of Justice has taken up the mantle of a Biden-era regulation that curtailed the availability of asylum at the southern border, telling a D.C. federal judge that the policy was well within the executive branch's authority.

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DC Circ. Won't Stay District Court's Order On Quick Removals

By Jared Foretek

The D.C. Circuit declined to stay a district judge's suspension of specific U.S. Department of Homeland Security actions implementing expedited removal of noncitizen parolees Friday, saying that the government faces no irreparable harm from the order because it has separate, pre-existing regulatory authority to quickly deport parolees.

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Fears Mounting For Noncitizens Suing Over Ghana Removals

By Britain Eakin

Attorneys for noncitizens trying to prevent their removal to countries where immigration judges have ruled they may be tortured said Monday they have lost internet contact with their clients in Ghana, where the U.S. allegedly sent them en route to their home countries.

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No New Deals In $100M Commercial Bribery Case, NY DA Says

By Frank G. Runyeon

Prosecutors told a New York state judge Monday that there would be no plea deals for the men accused of orchestrating a $100 million corporate bribery and kickback scheme and that they were headed for trial in January, prompting defense attorneys to cry foul.

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Feds Push For 10th Circ. Rehearing In Native Activist Case

By Parker Quinlan

Prosecutors have asked the entire Tenth Circuit to reconsider whether a Native American activist could be convicted in federal court on a charge of simple assault in a case originally involving more serious charges, after a panel overturned the conviction by holding district courts lack jurisdiction over these lesser charges.

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Virginia Tribe's Fed. Recognition Bill Reintroduced In Congress

By Crystal Owens

U.S. House Rep. Jen Kiggans has introduced legislation that would give federal recognition to Virginia's Cheroenhaka (Nottoway) Indian Tribe, saying the bill marks an important step in honoring its centurieslong history and ensuring access to the federal programs and services it deserves.

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Mont. County Asks To Nix Or Pause Tribe's Voting Rights Suit

By Joyce Hanson

An Indigenous tribe can't sue Chouteau County, Montana, under the Voting Rights Act because the act protects individual rights, not sovereign or collective rights as the tribe asserts in its lawsuit, the county tells a federal court in bids to toss or pause the suit.

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FCC Says No To Lifeline Co. Coming Under New Management

By Nadia Dreid

The Federal Communications Commission is telling a Georgia-based Lifeline-only service provider that it will not be allowed to continue to participate in the federal subsidy program if it goes through with a merger that will see it picked up by Insight Mobile.

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Security Industry Group Calls 900 MHz Redo Idea Disruptive

By Christopher Cole

A security industry group warned the Federal Communications Commission that a revamp of lower 900 megahertz spectrum for an Earth-based broadband and GPS backup built by NextNav Inc. could disrupt an array of critical services.

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Brief

FCC Knocks Provider Off Anti-Robocall Database For Lying

By Nadia Dreid

Yet another voice service provider has been blocked from U.S. networks after the Federal Communications Commission said that the company submitted false information to the agency's robocall mitigation database.

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California Judge Denies Smoke Shops' Bid To Halt Fresno Law

By Jonathan Capriel

The California city of Fresno can enforce its new restrictions on smoke shops, including limiting their number and banning them from selling flavored tobacco and cannabis products, a California federal judge has ruled, rejecting arguments for a preliminary injunction after determining that the controls are probably constitutional.

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RI Opens Applications For Adult-Use Cannabis Licenses

By Sam Reisman

Rhode Island cannabis regulators on Friday opened applications for new cannabis retail licenses, signaling a significant step in the expansion of the state's recreational marijuana market following the state's legalization of the drug for adult use more than three years ago.

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Hemp Cos. Say Okla. Police Wrongly Seized $125K Shipment

By Brandon Lowrey

Hemp companies on the East and West coasts have filed a $4 million federal lawsuit against Oklahoma officials who allegedly confiscated and ruined a large shipment of legal hemp, saying local law enforcement has refused to acknowledge that it was not marijuana.

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NJ AG Names New Leader Of Public Integrity Office

By Jake Maher

New Jersey Attorney General Matthew Platkin announced Monday that he has appointed a longtime prosecutor with a track record of handling high-profile corruption cases to lead the state Office of Public Integrity and Accountability.

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USPTO Regional Director Joins Holland & Hart In Denver

By Andrea Keckley

The U.S. Patent and Trademark Office's former regional director in the Rocky Mountains has joined Holland & Hart LLP as of counsel, the firm announced Monday.

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Former Nuclear Commission GC Joins Morgan Lewis In DC

By Jack Rodgers

The former general counsel of the U.S. Nuclear Regulatory Commission, who spent nearly her entire career there in roles at the intersection of nuclear law and policy, has joined Morgan Lewis & Bockius LLP's Washington, D.C., office, the firm said Monday.

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A Look At 2 Reinvigorated DOL Compliance Programs

As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

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Senate Bill Could Overhaul Digital Asset Market Structure

The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.

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Opinion

Congress Must Resolve PSLRA Issue For Section 11 Litigants

By establishing a uniform judgment reduction credit for all defendants in cases involving Section 11 of the Securities Act, Congress could remove unnecessary statutory ambiguity from the Private Securities Litigation Reform Act and enable litigants to price potential settlements with greater certainty, say attorneys at Sidley.

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FTC's Reseller Suit Highlights Larger Ticket Platform Issues

Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.

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Stablecoin Committee Promotes Uniformity But May Fall Short

While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.

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How Trump's Space Order May Ease Industry's Growth

President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.

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Tom Goldstein Can't Pay Attys With 'Tainted Funds,' DOJ Says

By Jeff Overley

Indicted appellate luminary Tom Goldstein cannot cover his legal bills by selling his multimillion-dollar home, because it's a "tainted asset" worth "far less" than his attorney fees, the U.S. Department of Justice said in a blistering court filing, adding that Goldstein may flee the country as his reputation and marriage collapse.

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Calif. Court Issues AI Hallucinations 'Warning,' Sanctions Atty

By Y. Peter Kang

A California appeals court has issued a published opinion "as a warning" to Golden State attorneys to personally review case law quotations made by generative artificial intelligence, and imposed a $10,000 monetary sanction on plaintiff's counsel in an otherwise straightforward appeal in an employment case.

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Stradley Ronon Wants Keesal Young's Poaching Suit Tossed

By Emma Cueto

Stradley Ronon Stevens & Young LLP has moved to nix a suit by California firm Keesal Young & Logan, saying its recruitment of 10 former Keesal Young attorneys was entirely above board and that the noncompete clauses in Keesal Young's partnership agreement were not allowed under California law.

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3 Law Firms Want Ford's 'Thermonuclear' RICO Suit Snuffed

By Linda Chiem

Knight Law Group LLP, the Altman Law Group and Wirtz Law APC have urged a California federal judge to dismantle Ford Motor Co.'s racketeering lawsuit accusing the firms of overzealous billing and conspiring to dupe unsuspecting clients in product liability and personal injury cases against automakers.

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Software Co. Defends Contempt Order Against Womble Atty

By Abigail Harrison

A North Carolina federal court fairly held Womble Bond Dickinson partner Pressly Millen in contempt after he and his client made misrepresentations in a "parallel" trademark dispute abroad, U.S.-based software company Dmarcian Inc. told the Fourth Circuit on Friday.

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