Analysis

Could A Criminal Sentencing Case Upend Loper Bright?

By Katie Buehler

U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

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Analysis

Expect These Post-Midterm Probes If The Hill Changes Hands

By Phillip Bantz

The top investigative priorities of a potentially Democratic-controlled Congress are coming into sharper focus with the midterms weeks away and could impact an array of companies and individuals in technology, finance and energy, experts say.

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Suing The Trump Admin Can Have Massive Impact, Attys Say

By Bonnie Eslinger

Lawyers representing clients against the federal government spoke Friday about the challenges and rewards of such litigation in the Trump era, with plaintiff-side powerhouse Elizabeth Cabraser pointing to the potential for massive impact, including one case in which she successfully got more than a billion dollars in grant funding reinstated.

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Dems Press Kirkland Again For Details Of $125M Trump Deal

By Courtney Bublé

A trio of congressional Democrats once again accused Kirkland & Ellis LLP of subverting their oversight requests into the $125 million deal the firm cut with the Trump administration last year.

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Fla. Localities Seek To End Sex Offender Registry Challenge

By Carolina Bolado

The state of Florida and dozens of cities and counties are urging a Florida federal court to toss an advocacy group's lawsuit that claims state and local laws governing registered sex offenders violate the U.S. Constitution's ban on cruel and unusual punishment.

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Jail Walls Block The Ballot. Advocates Try To Bring It Inside

By Marco Poggio

For eligible people detained before trial, the right to vote can depend on a tenuous chain of requests to the institution holding them. Across the country, however, election officials and advocates are working to ensure eligible voters can cast a ballot from jail.

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DC Circ. Questions Trump Records Ownership Claim

By Jared Foretek

Judges on the D.C. Circuit hounded a Trump administration attorney over the White House's attempt to do away with the Presidential Records Act on Friday, as they searched to find the limit on the president's authority over his own work documents.

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GAO Wants Better Federal Office Occupancy Data Collection

By Isaac Monterose

The U.S. Government Accountability Office told the General Services Administration that the GSA needs to do a better job of collecting occupancy data for federal office space, saying that improved data collection would allow the federal government to cut waste.

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Michigan State Must Face Claims In Public Records Fee Fight

By Melanie Dorsey

Michigan State University must face claims that it improperly charged nearly $3,900 to fulfill a public records request and deliberately delayed releasing documents concerning alleged financial irregularities and university oversight, a Michigan Court of Claims judge has ruled, allowing two claims to proceed while dismissing five others.

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Attys Can Still Protect Voting Rights During The Midterms

By Cara Bayles

With the midterm elections approaching, a coalition of local and national nonprofits are seeking volunteers, especially lawyers, to safeguard the vote during an election with more states in play as battlegrounds and growing anxiety about federal interference in local elections.

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Voter Groups Sue DHS Over Alleged Voter Data Dragnet

By Elaine Briseño

The League of Women Voters and two other groups are suing the U.S. Department of Homeland Security to stop what they call the agency's "secretive effort" to compile voter records in an effort to identify alleged fraud, arguing the actions are a "massive invasion of privacy."

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Wash. Justices Void Vague Release Term For Sex Offender

By Parker Quinlan

The Washington Supreme Court has reversed a convicted child molester's community custody condition that he not possess or access "sexually exploitive materials" because the term is not clearly defined in state law, and could potentially mean many things.

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CFPB Looks To Collect $144M In CashCall Bank Row

By Katryna Perera

The Consumer Financial Protection Bureau has asked a California federal judge to order Merchants Bank of Indiana to hand over $144 million in collateral it has held for lender CashCall, arguing the bank acted in bad faith by delaying enforcement of the judgment against CashCall by retaining the funds.

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Target Says It Warned Investors About Pride Merch Backlash

By Sydney Price

Target Corp. told a Minnesota federal court it should be released from a class action alleging it "betrayed" investors with Pride-themed merchandise that they claim was "exceptionally offensive," saying the company sufficiently warned investors about the potential backlash to the campaign.

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Analysis

Permitting Bill Gives FERC A Bigger Enforcement Hammer

By Keith Goldberg

Recently introduced U.S. Senate permitting legislation proposes an unprecedented extension of the Federal Energy Regulatory Commission's enforcement reach into areas of electricity grid planning policy that have been traditionally overseen by states, experts say.

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NCAA Sues Ohio Gov. Over Athlete Eligibility Expansion

By Alex Lawson

The NCAA sued Ohio Gov. Mike DeWine on Friday, asking a federal judge to set aside the governor's executive order authorizing the state's universities to ignore the association's recently revised athlete eligibility rules.

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NBA Limits Risky Wagers From Sportsbooks Amid Scandal

By Alex Lawson

The NBA announced that it would restrict several types of wagers offered by its sportsbook partners Friday, including those at the center of recent criminal cases alleging game manipulation by former players.

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Brokers Sue CMS Over Moratorium On ACA Registration

By Gianna Ferrarin

A trade group for brokers and other health insurance professionals urged a Maryland federal court to halt the U.S. Center for Medicare and Medicaid Services' moratorium on new registrations of agents and brokers, arguing the policy and a related rule don't comply with administrative procedure.

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Mich. Panel Says PIP Opt-Out Bars State Medical Coverage

By Hope Patti

Michigan motorists who opt out of personal injury protection medical benefits cannot obtain such coverage through the state's assigned claims plan if they are injured as a non-occupant of a motor vehicle, a Michigan state appeals court ruled.

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Brief

GAO Finds Workforce Slump In Nuclear Weapons Agency

By Ganesh Setty

The U.S. Government Accountability Office released a new report Friday finding that the agency responsible for managing the country's nuclear weapons stockpile has seen its number of mission-critical employees continue to drop amid the highest workload since the Cold War.

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States Win 1st OK Of $400M Sandoz Generic Price-Fixing Deal

By Brian Steele

A Connecticut federal judge granted preliminary approval Friday to a $400 million settlement between a coalition of states, Sandoz Inc. and its subsidiary Fougera Pharmaceuticals Inc. over allegations of generic drug price-fixing and market allocation, setting aside $280 million as restitution.

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Judge Gives Final OK To $360M In RealPage Class Deals

By Isaac Monterose

A Tennessee federal judge has granted final approval for about $360 million worth of class action settlements with renters who accused dozens of corporate landlords of engaging in rent price-fixing by using RealPage Inc.'s rental property revenue management software.

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NY, Conn. Secure $2.7M Deal Over Health Network Data Breach

By Allison Grande

A pediatric health network and its information technology manager have agreed to pay $2.7 million to resolve the New York and Connecticut attorneys general's claims that they failed to institute "common" security measures to protect the personal data of patients impacted by a 2024 data breach, the states announced Friday. 

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Temu Inks $3M Settlement To End Data To China Claims

By Spencer Brewer

Online bargain retailer Temu on Friday agreed to pay $3 million to settle claims brought by the Texas Office of the Attorney General accusing the company of secretly stealing customer data and exposing it to the Chinese Communist Party.

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FCC Says Five Eyes Allies Share Cybersecurity Info

By Christopher Cole

The Federal Communications Commission is working with foreign counterparts in the Five Eyes security alliance to share data on cyber risks, the U.S. agency said Friday.

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FTC Can Bring Debt Relief Scam Suit Before Jury

By Aneeta Mathur-Ashton

A California federal judge has ruled that the Federal Trade Commission can bring its case against a telecommunications company over its marketing voicemails before a jury.

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Frontier Settles Connecticut's Data Breach Probe For $625K

By Nadia Dreid

Frontier is going to pay $625,000 to end a Connecticut state investigation into a data breach that compromised the Social Security numbers of nearly 60,000 people in the state two and a half years ago.

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Texas Court Tosses $60M Security Guard Scuffle Verdict

By Spencer Brewer

A Texas appeals court Friday tossed a roughly $60 million verdict and castigated the trial court for creating a record "rife with error" after the lower court wrongly included several corporate entities in a judgment relating to a scuffle between a security guard and a patron.

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Conn. Agency Prevails Against Estate's $20M Infant Death Suit

By Aaron Keller

The estate of a slain infant did not prove Connecticut Department of Children and Families workers caused the 7-month-old boy's death by failing to take him away from his father, who threw him into the Connecticut River from a 90-foot-high bridge, a state judge has ruled after a bench trial.

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TI, Intel Say Ukrainians Still Show No Link To Russian Strikes

By Mike Curley

Technology companies including Texas Instruments Inc. and Intel Corp. are again urging a Texas federal court to throw out a set of consolidated suits alleging they allowed their components to get into Russian weapons used to target civilians, saying a second amended complaint still fails to link their conduct to injuries.

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Wash. AG Office, WSU Rigged $15M Data Contract, Suit Says

By Ben Adlin

A former prosecutor and the police-use-of-force analytics company he now helms sued Washington's attorney general's office and Washington State University over an allegedly rigged $15 million public safety data contract, claiming the defendants privately coordinated and shared nonpublic procurement information ahead of a competitive bidding process.

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China Tightens Export Controls On AI, Biotech Technologies

By Dylan Moroses

China will add 40 new products spanning across the artificial intelligence, biotechnologies and photovoltaic sectors to a pre-export registration requirements list, the Chinese Ministry of Commerce announced Friday.

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Brief

Commerce Eyes UK Assembly In China Saw Blade Duty Probe

By Dylan Moroses

The U.S. Department of Commerce will investigate whether Chinese duties should apply to an importer's diamond saw blades that domestic competitors allege are misrepresented as arriving from the United Kingdom, according to a notice published Friday. 

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Brief

Commerce Finalizes Duty Rate For Chinese Truck Bed Covers

By Dylan Moroses

Several Chinese exporters of truck bed covers face an over 142% countervailing duty rate following the results of a U.S. Department of Commerce investigation that found the goods were subsidized, according to a final determination published Friday.

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Md. Lacks Standing To Seek ICE Facility Records, Judge Says

By Elaine Briseño

A federal judge denied Maryland's attempts to secure records concerning the conditions of a U.S. Immigration and Customs Enforcement holding facility in Baltimore, finding the state law used in its subpoena did not authorize a civil rights investigation of federal agencies.

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US Says 1907 Border Strip Lets Wall Work Continue

By Crystal Owens

The federal government is asking the D.C. Circuit to deny an Arizona tribe's emergency bid to block border wall construction, saying the Indigenous nation's claim that a 1907 law that established the Roosevelt Reservation as part of its traditional homelands ignores history and precedent.

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Gov't Putting Kids On 'Deportation Assembly Line,' Suit Says

By Britain Eakin

A coalition of immigrant legal services providers have sued the Trump administration in Maryland federal court for speeding up asylum interviews and processing for unaccompanied minors, arguing that the new procedures are denying children their statutory right to a fair asylum process.

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Healthcare VP Gets 18 Months In $450M Medicare Scheme

By Carolina Bolado

A former healthcare executive who cooperated with the government received an 18-month sentence Friday for his role in helping operate a $450 million scheme to swindle Medicare by using software that created false prescriptions for orthotic braces.

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Former Connecticut Budget Boss' 2nd Bribery Trial Delayed

By Aaron Keller

A Connecticut federal judge Friday rescheduled a Medicaid audit-related corruption trial for former state budget official Konstantinos Diamantis, who remains on the lam after fleeing to Greece as sentencing neared in an earlier corruption case connected to school construction bribes.

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Conn. Doctor Settles Fraud Claims Over COVID Test Billing

By Brian Steele

A Connecticut doctor who has pursued numerous lawsuits against insurers for COVID-19 testing reimbursements, with a mixed record of success, has agreed to pay more than $850,000 to settle allegations that his companies submitted inflated bills to government programs, authorities said Friday.

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10th Circ. OKs EPA's Okla. Indian Country Programs Approval

By Rachel Konieczny

The Tenth Circuit rejected a Native American tribe's challenge to the U.S. Environmental Protection Agency's decision to approve Oklahoma's request to extend the state's administration of federal environmental regulatory programs to Indian Country, ruling Friday that a provision of a 2005 transportation bill controls the outcome.

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Feds Say Archaeologists Have No Stake In Graves Rule Fight

By Crystal Owens

The U.S. Interior Department is asking a district court to dismiss a challenge from the Wyoming Association of Professional Archaeologists that looks to block the transfer of six Indigenous collections to the federal government, arguing the group lacks a personal stake in the case to show standing.

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State Telecom Roundup: Clearing The Way For BEAD Funds

By Nadia Dreid

Nearly five years after the $42.45 billion Broadband Equity, Access, and Deployment Program was signed into law by then-President Joe Biden, states have finally started disbursing funds to subgrantees who will carry out the projects that are supposed to end the digital divide.

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FCC Eyes 'All Options' As 5th Circ. Orders Subsidy Fee Redo

By Christopher Cole

The Federal Communications Commission said Friday it was exploring all options for managing the $9 billion Universal Service Fund after a Fifth Circuit panel ruled the FCC lacked authority to create the funds' private oversight company.

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NORML Urges 6th Circ. To Reconsider Pot Illegality Ruling

By Jonathan Capriel

The National Organization for the Reform of Marijuana Laws, a leading cannabis consumer advocate, is urging the Sixth Circuit to rehear its decision throwing out a $31.8 million jury verdict for a Michigan marijuana grower, arguing federal illegality should not categorically bar contract damages against a cannabis purchaser that breached a supply deal.

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Denver Pot Shop Says City Can't Revoke Approved License

By Jonathan Capriel

A would-be marijuana shop is looking to force Denver to honor the final approval of a retail store license, claiming the city licensing director unlawfully withdrew authorization and ordered a redundant hearing, which will risk tens of thousands of dollars it has already spent.

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CFIUS Annual Report Reveals Enforcement Trends

The Committee on Foreign Investment in the United States' recently published annual report to Congress shows that it is increasingly focused on nonnotified transactions, mandatory filing compliance, critical technologies and postclosing mitigation enforcement across the full life cycle transactions, say attorneys at Bass Berry.

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Transfer Pricing Analyses May Apply To Tariff Refunds Claims

Both plaintiffs and defendants in consumer class actions over tariff refunds should examine transfer pricing analyses, which can offer contemporaneous evidence as to how much of a tariff was borne in the U.S. by the importer or consumers rather than absorbed earlier in the supply chain, say economists at The Brattle Group.

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Why The SEC Proposed Rescinding Its 'Pay-To-Play' Rule

The U.S. Securities and Exchange Commission's recent proposal to nix its pay-to-play rule governing political contributions by investment advisers follows years of industry advocacy and commissioner criticism that it suppresses political speech and affects hiring, say attorneys at Simpson Thacher.

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Planning For D&O Exclusions As Risks Mount For Banks

Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.

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Challenges On The Horizon For Illinois Data Center Projects

Illinois has more data centers in operation or under construction than all but five other states — but such projects face growing litigation threats and a range of state and local legislative proposals that could hinder further development of these facilities in the Land of Lincoln, say attorneys at Paul Hastings.

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Rebuttal

North Carolina's Funding Ban Is An Outlier, Not A Model

A recent Law360 guest article argues that North Carolina's litigation funding ban should be adopted by other states, but that analysis overstates what North Carolina did and misjudges how the law will travel, says Dai Wai Chin Feman at the International Legal Finance Association.

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DOJ Or Trump: Judge Asks Who Is Deciding Golf Course Plan

By Jared Foretek

Trump administration lawyers continued to insist at a hearing Monday there is no final plan to remake East Potomac Golf Course, and they changed their tune about whether one would require environmental review, despite new social media posts from the president announcing that work on the overhaul would begin "immediately."

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Wood Smith, Charlesbank Capital Ink Pioneering MSO Deal

By Emma Cueto

Insurance defense firm Wood Smith Henning & Berman has inked a deal to take investment from middle market investment firm Charlesbank Capital Partners via a managed services organization, according to an announcement Monday, the largest U.S. firm to announce such a move.

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Brief

Arizona Court Approves State's First Non-ABA Law School

By Emma Cueto

The Arizona Supreme Court has approved the state's first law school not accredited by the American Bar Association, citing the need to increase the number of lawyers per capita in the state and provide more affordable options for legal education.

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Court Denies Gov't Bid To DQ Susman Godfrey In ABA's Suit

By Andrea Keckley

A federal judge in Washington, D.C., has denied the U.S. Department of Justice's bid to disqualify Susman Godfrey LLP from representing the American Bar Association in its lawsuit challenging the Trump administration's executive orders against multiple major law firms. 

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Trump Taps DOJ Official, Federal Prosecutor For Judgeships

By Courtney Bublé

President Donald Trump on Monday nominated a senior U.S. Department of Justice attorney for a Nebraska federal judgeship and an assistant U.S. attorney for a seat on the Northern District of Indiana bench.

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Rogoff Tells 9th Circ. His Firing Furthers Trump's 'Evil' Plan

By Ben Adlin

Roger Rogoff urged the Ninth Circuit to affirm a lower judge's order reinstating him as Seattle's top federal prosecutor, asserting in a filing Friday that he's entitled to keep the court-appointed U.S. attorney position until President Donald Trump fills the role with a Senate-confirmed nominee.

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Proskauer Says It Didn't Drop Reddit To Defend Perplexity

By Lauren Berg

Proskauer Rose LLP and Perplexity AI are urging a New York federal judge to allow the law firm to represent the artificial intelligence company in Reddit's suit over alleged data scraping, balking at the social media platform's argument that its one-time law firm can't represent its current opponent.

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What The Justices Won't Hear: A Roundup Of Cert Denials

By Taylor Bowie

The U.S. Supreme Court declined to take up cases from Google, a U.S. Navy contractor, and other appellate hopefuls on Monday, according to an order list.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court last week blocked Cloudflare Inc. from completing a restructuring meant to preserve its founders' voting control, while Tower Semiconductor Ltd. accused Intel Corp. of backing out of a semiconductor manufacturing agreement and social media company Triller Group Inc. challenged its removal from Nasdaq.

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