Analysis

Missouri AG Alumni Make Their Mark In Trump 2.0

By Courtney Bublé

Missouri is hundreds of miles from Washington, D.C., but the legal community of the Show-Me State has taken a significant hold in the second Trump administration.

Read full article » | Save to favorites »

NYC Sanctuary Policies Survive Trump Admin. Lawsuit

By Rae Ann Varona

A New York federal judge on Thursday tossed the Trump administration's lawsuit challenging New York City policies that the administration alleged unconstitutionally obstruct federal immigration enforcement, saying federal law the administration leaned on does not preempt the sanctuary provisions.

Memorandum attached | Read full article » | Save to favorites »

Trump Admin Urges High Court To Curb APA Rule Vacatur

By Jared Foretek

The Trump administration is asking the U.S. Supreme Court to decide whether the Administrative Procedure Act allows federal judges to universally vacate agency rules in what could be a major test of the judiciary's authority to check executive agency power.

2 documents attached | Read full article » | Save to favorites »

11th Circ. Says Ga. Can Enforce Social Media Age Check Law

By David Aaro

The Eleventh Circuit struck down an injunction Thursday that blocked Georgia from enforcing its age verification law for social media platforms, finding that internet trade group NetChoice hadn't shown it was likely to prevail on its legal challenge to the statute.

Opinion attached | Read full article » | Save to favorites »

Eight States Sue OpenAI Over ChatGPT Safety Risks

By Emily Field

A group of attorneys general of eight states, including Arkansas and Arizona, on Wednesday hit OpenAI with suits alleging that the company knowingly misled the public about the safety risks of its ChatGPT artificial intelligence bot.

8 documents attached | Read full article » | Save to favorites »

Justices Stay 4th Circ. Mandamus In FCC Political Ad Case

By Aneeta Mathur-Ashton

The U.S. Supreme Court has stayed an order from a Fourth Circuit panel that would have required the full Federal Communications Commission to review agency staff guidance requiring broadcasters to offer discount ad rates to political committees tied to candidates.

Order attached | Read full article » | Save to favorites »

Would-Be Kavanaugh Assassin Slams Feds' Skewed Facts

By Lauren Berg

A woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh told the Fourth Circuit that federal prosecutors have presented a "wildly inaccurate description" of a Maryland federal judge's sentencing decision, rejecting their argument that she got off too easy because of her gender identity.

Brief attached | Read full article » | Save to favorites »

Ex-FBI Agents Claim Trump's Vendetta Led To Firings

By Dorothy Atkins

Ex-FBI agents and analysts who investigated President Donald Trump's retention of classified documents sued FBI Director Kash Patel in D.C. federal court Thursday, alleging Patel unconstitutionally fired them after a video of him drinking went viral to get back in Trump's good graces and "to satisfy the president's personal vendetta."

Complaint attached | Read full article » | Save to favorites »

Wash. Justices Doubt Prosecutor Immunity In Judge DQ Case

By Rachel Riley

Washington Supreme Court justices pushed back Thursday on assertions by a county prosecutor's office that it's immune from claims that it improperly used disqualification affidavits to remove a former judge from its cases, with one justice noting that a line-level prosecutor acknowledged an officewide policy to seek disqualification of the judge.

2 documents attached | Read full article » | Save to favorites »

Fed's Bowman Says Regulators Must Focus On Material Risks

By Sarah Jarvis

Federal Reserve Vice Chair for Supervision Michelle Bowman has urged international banking regulators to focus on addressing material risks to the financial system instead of pursuing what she described as "less valuable work," based on flawed assessments of Silicon Valley Bank's 2023 collapse.

Read full article » | Save to favorites »

NYC Comptroller Urges Anthropic To Ease Risks Before IPO

By Nate Beck

New York City Comptroller Mark Levine is urging Anthropic PBC to pause plans for an initial public offering it says could value the company at $2 trillion, calling on the business to first resolve concerns over the technology's governance, safety and development pace.

Letter attached | Read full article » | Save to favorites »

Sweden's Biggest Bank To Pay $33M NY Fine Over AML Gaps

By Jon Hill

New York's financial services regulator has ordered Sweden's largest bank to pay a $33 million fine to resolve findings of past anti-money laundering deficiencies at its Baltic subsidiaries that allegedly exposed U.S. banks to heightened financial crimes risk.

Order attached | Read full article » | Save to favorites »

2nd Circ. Doubts NY's Power To Regulate Nuclear Discharge

By Gautama Mehta

A Second Circuit panel appeared skeptical of a New York law banning a decommissioned nuclear power plant's waste from being discharged into the Hudson River, asking pointed questions on Thursday on why those discharges are not part of the plant's operations.

Read full article » | Save to favorites »

FERC Makes Further Moves To Speed Up Gas Project Reviews

By Keith Goldberg

The Federal Energy Regulatory Commission on Thursday issued a pair of proposals aimed at speeding up its approval of gas infrastructure projects by narrowing the scope of the agency's environmental reviews.

1 document attached | Read full article » | Save to favorites »

Colo. Panel Upholds Agency's Emissions Monitoring Rule

By Rachel Konieczny

The Colorado Court of Appeals upheld a state agency's rule on emissions monitoring Thursday, wholly rejecting a challenge by environmental groups that contended the rule allows most polluters to escape certain monitoring requirements by paying a fee.

Opinion attached | Read full article » | Save to favorites »

Texas Appeals Court Says Cities Can't Block ETJ Opt-Out Law

By Spencer Brewer

A Texas appeals court on Thursday found that cities cannot block a state law that allows citizens living in areas surrounding municipalities to leave the cities' jurisdiction, saying the law does not violate the Texas Constitution.

Opinion attached | Read full article » | Save to favorites »

Calif. Asks DC Judge To Void EPA's 'Unlawful' Waiver Moves

By Linda Chiem

California has asked a D.C. federal judge to void the Trump administration and congressional Republicans' "manifestly unlawful" use of the Congressional Review Act to make Clean Air Act waivers for the Golden State subject to rescission by lawmakers.

Summary Judgment attached | Read full article » | Save to favorites »

PhRMA Again Seeks To Join 340B Rebate Pilot Fight

By Danielle Ferguson

The Pharmaceutical Research and Manufacturers of America on Thursday asked a Maine federal court to let it join a lawsuit challenging the Trump administration's proposed rebate system in the 340B drug discount program, arguing the litigation could directly affect its members' approved plans and financial interests.

2 documents attached | Read full article » | Save to favorites »

Gov't Urges Justices To Reject Google, Intel Fight Over Fintiv

By Adam Lidgett

The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Intel Corp. and Google LLC's challenge to a precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation.

Brief attached | Read full article » | Save to favorites »

Tesla Says Gov't Brief Shows USPTO Wants 'Absolute Power'

By Elliot Weld

Electric carmaker Tesla told the U.S. Supreme Court that it should take a case over the U.S. Patent and Trademark Office leadership's discretionary standards for granting or denying patent review, saying a recent government brief illustrates how the office wants "absolute power" when it comes to restricting such reviews.

Brief attached | Read full article » | Save to favorites »

DOJ Defends Government-Funded Trump Ad Campaign

By Jared Foretek

A D.C. federal judge declined to immediately join a New York federal court in blocking the Trump administration's government-funded campaign-style ads from airing after a Justice Department attorney said the campaign was over, but appeared to agree with a Democratic National Committee attorney who called the ads propaganda and not public service announcements as the government has claimed.

Read full article » | Save to favorites »

Feds Seek To Undo Colo. Payment To Defunct Health Insurer

By Zach Dupont

The federal government Wednesday asked a Colorado federal judge to reverse the approved distribution of nearly $2 million in assets from a defunct insurer to its creditors, claiming that a nearly $24 million claim from the U.S. Department of Health and Human Services supersedes the general creditors' claims.

Complaint attached | Read full article » | Save to favorites »

GKN Says Insurers Owe Defense In Overheated Tank Suits

By Danielle Ferguson

GKN Aerospace Transparency Systems Inc. told a California federal court Thursday that its insurers are improperly refusing to honor their duty to defend the company in lawsuits and a civil investigation stemming from the overheating of a storage tank and subsequent evacuation of residents in Orange County.

Complaint attached | Read full article » | Save to favorites »

Dems Want FTC To Investigate Online Homebuying Industry

By Isaac Monterose

Democratic U.S. Sens. Cory Booker and Elizabeth Warren asked the Federal Trade Commission Thursday to conduct an antitrust investigation into the "anticompetitive and deceptive practices" of the country's online homebuying industry, saying that the FTC needs to employ "every enforcement tool available to restore competition to the entire online real estate marketplace."

Letter attached | Read full article » | Save to favorites »

Google Will Seek To Pause Ad Tech Case For DOJ Appeal

By Matthew Perlman

Google will ask a New York federal court to pause a scheduled April trial in the private antitrust litigation over its advertising placement technology while it appeals a loss in a similar case from the U.S. Department of Justice in Virginia.

3 documents attached | Read full article » | Save to favorites »

Anthropic Urges DC Circ. To Revisit Defense Supply Risk Ban

By Rae Ann Varona

Anthropic has urged the D.C. Circuit to reconsider a split panel's decision allowing the Pentagon to exclude Claude artificial intelligence models from its supply chain, saying the decision, if left standing, puts U.S. companies at risk of punishment for refusing Pentagon demands.

Petition attached | Read full article » | Save to favorites »

Matt Gaetz Accused Of Sex Trafficking In Florida Suit

By David Minsky

Two women on Thursday filed a Florida federal trafficking lawsuit against former Congressman Matt Gaetz, alleging that he used his power and influence to recruit them into a commercial "venture" in which they were paid to have sex with men in various cities throughout the U.S.

Complaint attached | Read full article » | Save to favorites »

Louisiana Asks Justices To Undo Stay In Coastal Damage Suit

By Ganesh Setty

Louisiana urged the U.S. Supreme Court to erase a Fifth Circuit stay of a remand order preventing one of its parishes from litigating coastal damage claims against an oil and gas company in state court, arguing the "comity essential to our federalism" was disrupted.

3 documents attached | Read full article » | Save to favorites »

Pa. E-Cigarette Law Survives Vape Companies' Challenge

By Matthew Santoni

A Pennsylvania federal judge has upheld a state law limiting electronic cigarette sales to products that have received or are pending approval from the U.S. Food and Drug Administration, finding the state law fell into an exception to the federal tobacco law's preemptions.

Opinion attached | Read full article » | Save to favorites »

Nonprofits Sue Over NC Budget Gutting Civil Legal Aid Grants

By Hayley Fowler

Three nonprofits are mounting a legal challenge to a provision of the North Carolina state budget that strips funding for civil legal aid services historically provided by the state's Interest on Lawyers' Trust Accounts program, saying the maneuver flouts directives by the Tar Heel state's top court and violates the First Amendment.

Complaint attached | Read full article » | Save to favorites »

Trade Court Sustains Malaysian Wind Tower Duty Calculations

By Jack McLoone

The U.S. Department of Commerce has now properly justified various decisions it made during a countervailing duty administrative review of a Malaysian utility wind tower producer, the U.S. Court of International Trade found, rejecting many of the company's objections as baseless.

2 documents attached | Read full article » | Save to favorites »

Brief

Commerce Finalizes Duty Rates For Brazilian, Norwegian Pulp

By Jack McLoone

The U.S. Deparment of Commerce on Thursday finalized its determinations that high-purity dissolving pulp imported into the country from Brazil and Norway are being sold at unfair prices, setting up possible duty rates.

3 documents attached | Read full article » | Save to favorites »

IRS Says Donor Disclosure Rule Is Key To Tax Compliance

By Asha Glover

The Internal Revenue Service's nonprofit donor disclosure rule doesn't violate the First Amendment, the agency told a D.C. federal court, arguing the rule promotes voluntary compliance from nonprofits through information reporting requirements.

Motion attached | Read full article » | Save to favorites »

Innocent Spouse Tax Relief Bid Timely Filed, 5th Circ. Told

By Zak Kostro

The U.S. Tax Court improperly concluded that a Texas woman narrowly missed a statutory filing deadline in seeking innocent spouse relief on federal income taxes and shouldn't have dismissed her case, she told the Fifth Circuit, arguing the deadline isn't jurisdictional.

2 documents attached | Read full article » | Save to favorites »

Colo. Chamber Can't Join Tax Plan Challenge, Court Says

By Sanjay Talwani

A court Thursday denied the request of the Colorado Chamber of Commerce to intervene in suit alleging that a proposal to replace the state's flat income tax rate with a graduated system failed to gather the signatures needed to reach the November ballot.

3 documents attached | Read full article » | Save to favorites »

Cyber Incident Halts Bankruptcy Court Noticing Nationwide

By Hilary Russ

The nationwide system for providing notice to creditors in bankruptcy cases has been disrupted by a cybersecurity incident, and it is not currently known when the outage will end.

Read full article » | Save to favorites »

DHS Can't Waive Laws For Big Bend Wall, Texas Judge Says

By Elaine Briseño

A federal judge in Texas halted construction of a border wall in the Big Bend sector, finding that the U.S. Department of Homeland Security likely exceeded its authority to waive legal requirements in an area with comparatively low illegal entry.

Opinion attached | Read full article » | Save to favorites »

Muscogee Chief Says Court Can't Grant Freedmen Citizenship

By Crystal Owens

Muscogee (Creek) Nation Principal Chief David Hill is asking an Oklahoma federal court to dismiss a challenge that looks to block the tribe from denying citizenship to descendants of people once enslaved by the Indigenous nation, arguing that it can be achieved only through a constitutional amendment and legislative process.

Motion attached | Read full article » | Save to favorites »

FCC To Vote On Adding $162M To Boost Alaska Connectivity

By Aneeta Mathur-Ashton

The Federal Communications Commission is set to vote on a proposal to pump an additional $162 million into ongoing efforts to expand high-speed internet connectivity in Alaska.

Read full article » | Save to favorites »

Mo. Hemp Interests Seek To Block Restrictions

By Jonathan Capriel

Missouri officials have asked a federal court to halt discovery in a lawsuit by hemp companies challenging new regulations on intoxicating cannabinoid products, arguing the case turns on pure legal questions that can be resolved within the state's motion to dismiss.

2 documents attached | Read full article » | Save to favorites »

White House Crypto Aide Exits Role

By Aislinn Keely

White House crypto aide Patrick Witt announced Thursday that he's left his post, a departure that comes after key crypto legislation stalled in the U.S. Senate last month.

Read full article » | Save to favorites »

Market Surveillance Co. Taps Ex-CFTC Counsel To Lead Policy

By Aislinn Keely

Fintech-focused market surveillance firm Solidus Labs announced Thursday that it's brought on a former U.S. Commodity Futures Trading Commission attorney who advised lawmakers on closely watched crypto legislation to lead its policy efforts.

Read full article » | Save to favorites »

Brief

NYC Mayor Mamdani Taps New Risk Management Director

By Andrea Keckley

New York City Mayor Zohran Mamdani announced Wednesday that he appointed a former Manhattan assistant district attorney to lead the Mayor's Office of Risk Management and Compliance, a role that will put her at the forefront of efforts to eliminate the presence of lead in the city alongside several local agencies.

Read full article » | Save to favorites »

What's At Stake As Justices Rethink Sentencing Commentary

Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

Read full article » | Save to favorites »

Calif. PFAS Pesticide Reporting Law Raises Cos.' Legal Risks

A new California law requiring public reporting of how registered pesticides containing intentionally added perfluoroalkyl and polyfluoroalkyl substances are used across the state could increase regulatory scrutiny — and provide a road map for litigation involving growers, applicators, distributors, pesticide manufacturers and upstream chemical suppliers, say attorneys at O'Melveny.

Read full article » | Save to favorites »

Parsing The Latest Signals On FTC Section 5 Enforcement

Federal Trade Commission cases brought over the last several years and Commissioner Mark Meador’s recent call for stand-alone Section 5 enforcement suggest businesses should prepare for continued scrutiny of conduct beyond traditional antitrust violations, particularly in essential goods, technology and labor markets, say attorneys at Axinn.

Read full article » | Save to favorites »

What CMS Audit Rule Means For Medicare Advantage Plans

Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

Read full article » | Save to favorites »

Importer Risk Rises As AI Enters Trade Fraud Enforcement

The Trump administration's new data-driven and artificial intelligence-enabled push against tariff evasion raises the stakes for companies with global supply chains, making it crucial that they consider strengthening response protocols, documentation and internal reporting mechanisms, say attorneys at Cooley.

Read full article » | Save to favorites »

Mayer Brown Lands 2 Sheppard FDA Partners

By Tracey Read

Mayer Brown LLP has bolstered its life sciences capabilities with two former Sheppard partners, including that firm's former U.S. Food and Drug Administration practice leader.

Read full article » | Save to favorites »

Greenberg Traurig Hires Sidley Private Funds Atty In Chicago

By Jack Rodgers

Greenberg Traurig LLP has hired a former Sidley Austin LLP counsel, who spent nearly a decade before her last law firm position working with Balyasny Asset Management in a range of related legal roles, the firm recently announced.

Read full article » | Save to favorites »

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.

Read full article » | Save to favorites »

White & Case Taps 47 Partners In Largest US Class Since 2022

By Ashish Sareen

White & Case LLP has elevated 47 lawyers to its partnership, its largest promotion round since a record 59 lawyers became partners at the start of 2022.

Read full article » | Save to favorites »

Law360's Legal Lions Of The Week

By Kevin Penton

Schlichter Bogard LLC leads this week's edition of Law360 Legal Lions, after the full Eleventh Circuit overturned decades-old precedent that took a strict view of when federal benefits law claims could be brought in court.

Read full article » | Save to favorites »

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.

Letter attached | Read full article » | Save to favorites »

Ex-Legal Tech Co. Exec Says Pregnancy Got Her Fired

By George Woolston

A legal technology company abruptly fired its director of partnerships after it learned she was pregnant, and has since withheld a nearly $40,000 bonus, according to a lawsuit lodged in New Jersey state court.

Complaint attached | Read full article » | Save to favorites »

Google Users' $85M Fee Ask Stalls Over 'Utterly Lacking' Bill

By Dorothy Atkins

A California federal judge on Thursday rejected an $85 million attorney fee request following a $700 million settlement in a consumer-led case against Google, ruling that counsel's submitted billing records are "utterly lacking in information demonstrating what work was done and for what purpose," while granting leave to amend the request.

Order attached | Read full article » | Save to favorites »

Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

The top investigative priorities of a potentially Democratic-controlled Congress are coming into sharper focus with the midterms just weeks away and could impact companies in various sectors. In the meantime, one BigLaw firm formed a board to oversee the use of artificial intelligence and evaluate proposals from its practice groups and sectors. These are some of the stories in corporate legal news you may have missed in the past week.

Read full article » | Save to favorites »

Monopoly Allegations Test ABA's Role In Legal Education

By Emma Cueto

The American Bar Association is facing mounting claims that the council responsible for law school accreditation acts as a monopoly, an accusation levied amid a broader, politicized battle over the future of legal education.

Read full article » | Save to favorites »

Brief

Cooley Reportedly Matches Milbank Pay Scale Starting In '27

By Matt Perez

Cooley LLP will reportedly increase U.S. associate base compensation in line with the pay scale set by Milbank LLP in June beginning on Jan. 1.

Read full article » | Save to favorites »

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.

Read full article » | Save to favorites »

Google Class Attys Get $22.7M Despite Hourly Rate Rebuke

By Dorothy Atkins

A California federal judge has approved Google's $68 million class action settlement to resolve a long-running privacy suit, including class counsel's requested $22.67 million fee award, commending the parties' hard work while also criticizing a plaintiffs attorney's "patently unreasonable" proposed $3,000 hourly rate.

Order attached | Read full article » | Save to favorites »

Survey Of Ill. Attys Reveals Mental Health Struggles, Stigma

By Celeste Bott

A survey of nearly 7,000 Illinois lawyers found roughly 20% rated their mental health as fair or poor, according to an Illinois Supreme Court commission report documenting the toll of workplace stress on the state's attorneys and judges, their alcohol and drug use, and barriers to getting them care.

Report attached | Read full article » | Save to favorites »

San Benito Foods Deal Gets Early OK, With Notice Concerns

By Jonathan Capriel

A California federal judge has given her initial blessing to a nearly $1 million deal that would end a Monterey Bay-area township's lawsuit against a tomato cannery that claimed the cannery's noxious odors diminished residents' property values.

Order attached | Read full article » | Save to favorites »

Balancing The Scales: Criminal Appeals, Sentencing Rules

By Orlando Lorenzo

The Second Circuit has been ordered to take another look at a murder-for-hire conviction in light of the high court's new miscarriage-of-justice exception for criminal appeal waivers, and the top courts in Pennsylvania and Michigan will look at the retroactivity of new sentencing rules. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

Read full article » | Save to favorites »

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.

Read full article » | Save to favorites »