Analysis

Midterm Wins Could Help Dems Probe Trump's BigLaw Deals

By Courtney Bublé

If the Democrats take back one or both chambers of Congress in the midterm elections, a big item on their oversight agenda will be to step up ongoing investigations of the deals that nine major law firms cut with the Trump administration last year.

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Analysis

Prediction Markets' High Court Clash Looks More Imminent

By Alex Lawson

The widespread clash over whether the regulation of prediction markets falls under federal or state jurisdiction was bound to land in the U.S. Supreme Court, and a new circuit split and urgent policy questions may force the justices' hands to take up the issue.

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Analysis

'Creative' Settlement Path For EPRs Shows Wording Risks

By Dani Kass

T-Mobile's use of a contingency payment to end patent litigation with Kaifi LLC highlights the difficulty of alleged infringers challenging patents through ex parte reexaminations, a U.S. Patent and Trademark Office proceeding where they have no control, attorneys say.

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Analysis

11th Circ. Ruling Won't Prevent Qui Tam Constitutional Tests

By Madeline Lyskawa

The Eleventh Circuit's holding that the False Claims Act's provisions letting private individuals sue on the federal government's behalf pass muster under the U.S. Constitution may do little to halt the growing wave of challenges seeking to knock down those provisions.

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TikTok Let Minors See Harmful Content, Texas Judge Finds

By Jonathan Capriel

Texas scored significant wins in its lawsuit accusing TikTok of exposing children to harmful content while misrepresenting the app's safety, with a state judge ruling that the social media company violated state law by misleading consumers about its content-moderation practices and the effectiveness of its "restricted mode" feature.

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7th Circ. Probes Ill. Nonprofit Demographic Disclosure Law

By Celeste Bott

A Seventh Circuit panel wrestled Friday with whether Illinois' law requiring nonprofits to publicize their demographic data merely encourages diversity or unconstitutionally compels speech, with one judge questioning whether its "nudging effects" establish an injury while another highlighted legislators' statements indicating a push to influence leadership or donor decisions.

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Bank Regulators Propose Tailored Third-Party Risk Guidance

By Katryna Perera

Federal banking regulators Friday proposed revisiting 3-year-old guidance on third-party risk management for banks, saying they plan to let banks tailor their practices more specifically to the actual risk posed by each relationship.

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Corp. Transparency Law Unconstitutional, Justices Told

By Kevin Pinner

The Supreme Court should find that the Corporate Transparency Act is unconstitutional to prevent a future administration from reviving its application to domestic entities, the National Small Business Association told the justices.

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DC Circ. Nixes Energy Dept.'s Order To Keep Coal Plant Open

By Keith Goldberg

The D.C. Circuit on Friday wiped out a U.S. Department of Energy order to keep open a Michigan coal-fired power plant slated for retirement, saying it represents an unjustified expansion of the agency's emergency authority under the Federal Power Act.

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5th Circ. Says Enviro Groups Timely In Prairie-Chicken Fight

By Elaine Briseño

The Fifth Circuit on Friday allowed two environmental groups to join a lawsuit over the endangered designation of the lesser prairie-chicken, saying their second request to intervene was timely filed after the Trump administration made it clear it would stop defending the designation.

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NRC Targets Red Tape In Broad Overhaul Of Reactor Regs

By Keith Goldberg

The U.S. Nuclear Regulatory Commission on Friday unveiled a proposed overhaul of its nuclear reactor licensing and oversight regulations, the agency's latest step to implement an executive order directing it to refocus on encouraging new nuclear power development.

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3M Wants Conn. Firefighter PFAS Suit Moved To Different MDL

By Aaron Keller

3M Co. has asked to peel PFAS "forever chemicals" claims by Connecticut firefighter unions and several individuals away from a recently empaneled Minnesota multidistrict litigation containing claims by municipalities who purchased firefighting turnout gear, arguing the unions' and individuals' allegations instead belong in an ongoing South Carolina MDL.

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AbbVie Seeks To Nix Health Orgs.' 'New Theory' In 340B Row

By Gianna Ferrarin

Two advocacy groups for safety net health providers shouldn't be allowed to argue that a D.C. federal court lacks jurisdiction over biopharmaceutical company AbbVie Inc.'s suit challenging the federal government's definition of a "patient" in the 340B drug discount program, AbbVie told the court.

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Brief

Copyright Office To Test New Registration System In Late 2026

By Theresa Schliep

The U.S. Copyright Office is making progress on its launch of its new modernized registration system, with plans to start rolling out some functions to Copyright Public Modernization Committee members later this year, leaders said Friday.

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Bongino Disavows Inside Knowledge On Parler Ouster

By Cara Salvatore

Former deputy FBI director Dan Bongino testified Friday that he was not privy to decisions leading to social media company Parler's 2021 ouster of its CEO, but he was pressed over having seen a draft of the document revision that supposedly allowed the CEO's 40% interest to be confiscated.

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Brief

Senate Committee Soon Taking Up Anti-Jawboning Bill

By Christopher Cole

A key U.S. Senate panel on communications issues plans Sept. 16 to vote on a bill that would seek to prevent government officials from exerting undue influence over news organizations and social media platforms.

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DC Circ. Probes DOT Authority To Withhold Calif. Funds

By Jared Foretek

A panel of D.C. Circuit judges grilled a Trump administration attorney Friday over the U.S. Department of Transportation's move to slash California's federal highway funding because of the state's commercial driver's licensing rules for nondomiciled drivers, wondering whether the agency had any authority to take the drastic measure.

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'FBoy Island' Star-Turned-Va. Candidate Sues Over Kalshi Fine

By Hailey Konnath

A lawyer and former contestant on the reality series "FBoy Island" has sued Kalshi after he was banned for trading on prediction markets about his own political campaign, saying he's not advocating for political candidate trading, rather, he's highlighting the monetization of candidates on prediction markets.

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Zurich Needn't Cover Auto Dealers In Deceptive Pricing Row

By Hope Patti

Two Zurich units have no duty to defend or indemnify a group of auto dealers accused by the Federal Trade Commission and the Maryland Attorney General's Office of misrepresenting the cost of vehicles to consumers, a Virginia federal judge ruled Friday.

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9th Circ. Leaves VA On Hook For Homeless Vet Housing

By Tom Lotshaw

The full Ninth Circuit Friday refused to revisit a ruling requiring the U.S. Department of Veterans Affairs to build supportive housing for homeless disabled veterans, sparking dissents that accused judges of swapping their robes for hard hats and "bulldozing" established disability law.

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Mich. Township Seeks To Pause Winery Events Fight

By Susan Smiley

A northern Michigan township asked a federal judge to dismiss or stay a lawsuit brought by several local wineries that claim the township is attempting to bypass a previous court ruling to block them from hosting special events, saying the township's appeal of that earlier ruling remains pending in the Sixth Circuit.

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Analysis

Employers In Bind As Noncitizen Workers Lose TPS

By Britain Eakin

The Trump administration's rollback of Temporary Protected Status for 13 of 17 countries that had the designation has put work authorization for hundreds of thousands of noncitizen workers at risk across various industries, including healthcare, hospitality and construction.

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Analysis

3 Takeaways From EBSA's New Health Parity Guidance Docs

By Kellie Mejdrich

The U.S. Department of Labor's recent guidance on how to comply with federal laws requiring parity in health plan coverage between behavioral and physical healthcare provides critical new details on the agency's narrowed set of enforcement priorities. Here are three takeaways from the guidance.

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Mass. Court Revives Whistleblower Claims Against Hospital

By Julie Manganis

A former Boston Medical Center doctor will have another chance to pursue his claims that the hospital fired him in retaliation for his testimony for defendants in child abuse cases and complaints about the work of colleagues, an intermediate Massachusetts appellate court said Friday.

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DOJ Gets Final OK For Agri Stats Antitrust Settlement

By Craig Clough

A Minnesota federal court has granted final approval to the U.S. Department of Justice's settlement with Agri Stats, with the company agreeing to stop offering the sales reports for meat processors at the center of the case.

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RV Part Cos. Give Enforcers More Time To Review Merger

By Matthew Perlman

LCI Industries and Patrick Industries have pulled and refiled their merger notices, giving enforcers with the Federal Trade Commission and U.S. Department of Justice additional time to review a planned merger between two of the nation's biggest RV parts suppliers.

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Pending Rule May End Nurse Training Antitrust Fight, Ga. Says

By Gianna Ferrarin

The Georgia Board of Nursing is urging a federal court to stay litigation alleging that it violated antitrust law by preventing online and out-of-state nursing programs from placing their students at state facilities for clinical rotations, arguing that a proposed rule would likely resolve the suit.

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Interview

ABA Cyber Task Force Co-Chair Eyes AI Education Boost

By Allison Grande

With the legal industry presenting a more and more enticing target for cyberattacks, it's becoming increasingly important for practitioners to know how to best protect clients' data and most effectively use emerging artificial intelligence tools — a task that the American Bar Association's Cybersecurity Legal Task Force is well positioned to assist with, its incoming co-chair recently told Law360.

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Wis. Groups Say Warrantless Flock Searches Violate Chatrie

By Parker Quinlan

Wisconsin privacy groups have sued a group of local governments over their warrantless searches of Flock Group Inc. camera data, arguing that they run afoul of the Fourth Amendment after the U.S. Supreme Court's recent decision in Chatrie v. U.S.

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European Commission Sends India Trade Deal To EU Council

By Dylan Moroses

The European Commission on Friday presented a "landmark" free trade agreement with India to the Council of the European Union for final approval, with the deal set to eliminate Indian tariffs on almost all EU goods.

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Fed. Circ. Scrutinizes Presumptive Date In Turkish Rebar Row

By Jack McLoone

A Federal Circuit panel on Friday looked to clarify the effect of the U.S. Department of Commerce's presumption that invoice dates are generally the best option for determining dates of sale during duty investigations, with a Turkish company claiming the presumption cost it $20 million.

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Tatneft Says Ukraine Is Politicizing $173M Award Appeal

By Caroline Simson

The Russian oil company Tatneft pressed the D.C. Circuit on Thursday to restart litigation aimed at enforcing a confirmed $173 million arbitral award against Ukraine, accusing the country of relying on "unsupported assertions and innuendo" to keep the case on pause indefinitely.

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Brief

ITC Probing Imported Pizza Boxes For Possible Harms

By Jack McLoone

The U.S. International Trade Commission said Friday it is investigating whether corrugated pizza boxes imported into the country from China, Malaysia and Turkey that are being allegedly sold at unfair prices are harming U.S. domestic industry.

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Brief

Commerce Probing 3 Nations' Hydraulic Cylinders For Duties

By Jack McLoone

The U.S. Department of Commerce is investigating whether linear hydraulic cylinders imported into the U.S. from China, India and Mexico are benefiting from government subsidies, it said Friday.

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IRS Can Withhold Docs That May Air Taxpayer ID, Court Rules

By Zak Kostro

The IRS may withhold documents sought by a tax news publisher, a Washington, D.C., federal judge said, finding the subject is prominent enough that disclosing the records could allow the taxpayer to be identified using a former IRS contractor's leak of President Donald Trump's tax returns and thousands of others.

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Ore. Court OKs Recouping Tax After Farm Break Revoked

By Sanjay Talwani

A county assessor in Oregon was right to recoup property taxes for past years after revoking a tax break for farm use, the state tax court ruled, finding the land failed to meet past income requirements for the designation.

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Australian Bill Would Hone R&D Tax Credit To Newer Firms

By Kevin Pinner

The Australian government is seeking input on a bill that would narrow eligibility for its research and development tax credit to newer firms while raising the value of the credit for businesses that qualify, the Department of the Treasury said Friday.

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Afghan Woman Deported In 1st 'Alien Terrorist' Case

By Aneeta Mathur-Ashton

The Trump administration deported an Afghan woman accused of plotting an ISIS-inspired mass shooting in the first case before the previously dormant Alien Terrorist Removal Court.

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State Dept. Must Give Court 3 Diversity Visa Updates A Week

By Rae Ann Varona

A California federal judge has ordered the U.S. Department of State to provide three updates per week on the status of diversity visa applications, saying he was "troubled" by the lack of progress since he ordered adjudications to be resumed.

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DOJ Sues DC, 3 More States Over Immigrant In-State Tuition

By Elaine Briseño

The Trump administration continues targeting states that provide in-state tuition to unauthorized immigrants, filing another batch of lawsuits that have now targeted more than two dozen state laws as unconstitutional, including in Hawaii and the District of Columbia.

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U of Mich. Hit With Suit Over Foreign Service Tuition Rate

By Melanie Dorsey

A student has accused the University of Michigan of violating federal law and his constitutional rights by refusing to grant him in-state tuition despite his parents' claim that Michigan is their permanent legal residence and his father's service as a U.S. Foreign Service officer overseas. 

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Noncitizens Want Class Cert. In Alien Enemies Act Suit

By Spencer Brewer

A group of noncitizens at risk of being transferred to an El Salvador prison asked a Texas federal court to grant them class certification in their lawsuit against the Trump Administration, saying that without it, the government may deny them judicial review entirely.

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Maryland Residents Sue DHS Over Warrantless Arrests

By Aneeta Mathur-Ashton

A group of Maryland residents is suing to block the U.S. Department of Homeland Security's "arrest first, ask questions later" policy after they say they were unlawfully arrested by U.S. Immigration and Customs Enforcement.

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Dems Demand Info From DeSantis On $10M Fraud

By David Minsky

Democratic federal lawmakers sent a letter to Florida Republican Gov. Ron DeSantis seeking more information on $10 million in misappropriated settlement funds, demanding answers to why the money was diverted to a nonprofit founded by his wife and not allocated to support healthcare in the state. 

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New IHS Director Says Bill Protects $5.3B In Health Programs

By Joyce Hanson

Newly confirmed Indian Health Service Director Mark Cruz in one of the first acts of his four-year term has told tribal leaders that $5.3 billion in federal funds earmarked for IHS programs is safe following the U.S. government's passage of a stopgap spending bill.

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CashCall Loses 'Ill-Conceived' Bid To Undo $157M CFPB Win

By Dorothy Atkins

A California federal judge on Friday rejected lender CashCall Inc.'s latest bid to escape the Consumer Financial Protection Bureau's $157 million enforcement judgment in decade-old litigation over a tribal lending program, finding that CashCall's request is an "ill-conceived tactic" designed to delay enforcement.

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Kalshi Can Appeal Tribe's Sports Betting Claims, Judge Says

By Katryna Perera

A Wisconsin federal judge Friday said Kalshi can appeal a ruling allowing claims brought by the Ho-Chunk Nation to proceed, saying that since the issues involved will "certainly" make their way to the U.S. Supreme Court eventually, the Seventh Circuit should consider them now.

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Trump Admin Pulls Back Obama-Era Spectrum Policy

By Nadia Dreid

The White House is retracting an Obama-era guidance that it says makes it harder for the government to repurpose spectrum in a move that it says will "dramatically improve" the process of turning federally used spectrum usable for 6G.

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FCC Can't Avoid Final Order On Fox Philly Issue, Court Told

By Christopher Cole

A media advocacy group told the D.C. Circuit on Friday that the Federal Communications Commission cannot sidestep its duty to issue a final order on whether to dismiss a petition over Fox TV's character fitness for a broadcast license in Philadelphia.

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Va. Agency Tells FCC Verizon Copper Retirement Affects 150K

By Nadia Dreid

The Virginia State Corporation Commission is wary about Verizon's plan to end all legacy copper line service in the commonwealth, telling the Federal Communications Commission that 5% of the mobile behemoth's customers in the state still use wireline services.

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Compliance Lessons From Agriculture Co. Mexican Bribe DPA

Agricultural company Scoular’s recently announced deferred prosecution agreement over alleged Foreign Corrupt Practices Act violations at the U.S.-Mexico border reinforces the U.S. Department of Justice’s focus on cartels, and companies must accordingly ensure they address risks associated with the use of customs brokers, says Adam Safwat at Foley Hoag.

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Attorneys Using AI May Have Ethical Duty To Redact Docs

The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

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Senior Lawyers Survey: Tell Us About Your Career

How are senior lawyers adapting to evolving career paths and emerging technologies? Share your perspective in this five-minute survey.

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Greenberg Traurig, Eckert Seamans Hit By Data Breaches

By Ryan Boysen

Greenberg Traurig LLP and Eckert Seamans Cherin & Mellott LLC have publicly revealed that they've been hit by data breaches, adding to the dozens of cybersecurity incidents U.S. law firms have suffered this year.

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Trial Errors 'Crippled Goldstein's Defense,' 4th Circ. Hears

By Jeff Overley

Appellate luminary Tom Goldstein unveiled a sweeping and forceful critique aimed at erasing his felony fraud convictions, telling the Fourth Circuit that prosecutors were hell-bent on convicting him "no matter the facts or law," disregarded a star witness "incompetence" and benefited from a trial judge's "inexplicable" rulings.

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In-House Atty Org. Says Rival Ripped Off Data For AI Tool

By Andrea Keckley

The Association of Corporate Counsel alleges in Delaware federal court that its competitor used the nonprofit's proprietary materials to train its artificial intelligence tool Lloyd and "brazenly promoted its Lloyd product by showing the public that ACC materials could be accessed via Lloyd."

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Personal Injury Firm Beats Atty's Bid For 'Birth Justice' TM

By Adam Lidgett

A former associate at a personal injury and medical malpractice law firm can't register in her own name a trademark for birth-injury legal services that she helped develop before and during her employment with the firm, the Trademark Trial and Appeal Board has ruled.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

AI is driving a significant gap between in-house legal departments' budgets and the cost of their workloads, according to a new study. Speaking of gaps, a new Law360 Pulse report on women in law found that men still make up 71% of law firm equity partners and 63% of nonequity partners. 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

Elias Law Group LLP and Stinson LLP lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that Missouri cannot use a newly drawn congressional map that favors Republicans in the midterms.

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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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