Analysis

Circuit Split Brewing Following 5th Circ.'s No-Bond Ruling

By Britain Eakin

The Fifth Circuit's split ruling blessing the Trump administration's mandatory immigration detention policy won't be the final say on the matter, but it could supercharge efforts to concentrate detained immigrants there while other circuits weigh the policy's legality.

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Calif. Judge Blocks State's Push To Unmask Federal Agents

By Tom Lotshaw

A California federal judge granted the Trump administration's push to block part of a new Golden State law requiring federal agents to stop hiding their faces behind masks, but said another law requiring them to display identification can take effect.

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Tom Goldstein To Testify At Tax Trial Wednesday

By Jared Foretek

SCOTUSblog co-founder Thomas Goldstein will take the stand in his tax fraud trial Wednesday, after the government rested its case with an IRS agent tallying up $3.6 million that she said went unreported on his 2016 tax return.

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DOJ Pushes To Revive Comey, James Indictments

By Emily Sawicki

Criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James were brought under a validly serving interim U.S. attorney and, therefore, never should have been dismissed, the U.S. Department of Justice argued in its opening brief in its consolidated appeal before the Fourth Circuit.

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DC Circ. Seeks End To Atty Fight Over Fees From IRS Deal

By Nadia Dreid

The D.C. Circuit wants to stop a fight over almost $800,000 in attorney fees from a suit against the Internal Revenue Service that was settled years ago, telling the parties' counsel during oral arguments Tuesday they'd like to put the matter to bed for good.

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Senate Confirms Burrows As DOJ Policy Chief

By Courtney Bublé

The U.S. Senate voted 52-46 on Tuesday to confirm Daniel Burrows, a White House official and former chief deputy attorney general of Kansas, to lead the U.S. Department of Justice's Office of Legal Policy.

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Wash. County Defends Judge's DUI Arrest, Cites Open Alcohol

By Ben Adlin

Sheriff's deputies were justified in arresting a sitting Washington judge on suspicion of DUI given his "bloodshot and watery eyes," admission of drinking earlier that evening and refusal to perform sobriety tests, Grays Harbor County told a Washington federal court in a filing seeking to throw out the ex-judge's suit.

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Fulton Election Raid Relied On Trump Allies' Testimony

By Chart Riggall

The FBI's raid last month on the election operations center in Fulton County, Georgia, was premised in part on a referral from a former campaign lawyer for President Donald Trump and the testimony of two Georgia elections officials whom Trump once called his "pitbulls," according to affidavits unsealed Tuesday.

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Mich. Judge Blasts DOJ's 'Non-Existent' Voter Roll Claim

By Melanie Dorsey

Michigan officials will not have to turn over unredacted statewide voter registration lists to the U.S. Department of Justice, after a federal judge ruled that none of the statutes cited by the government require the state to turn over voters' sensitive personal information.

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Ill. Tax, Tip Swipe Fee Ban Survives Banks' Challenge

By Hailey Konnath and Jon Hill

An Illinois federal judge Tuesday cleared most of a landmark Illinois law banning swipe fees on tax and tip payments to take effect this summer, dealing a major blow to banking industry groups that sought to block the law altogether.

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Audit Watchdog Says Anonymous Challenger Must Reveal ID

By Sarah Jarvis

The Public Company Accounting Oversight Board has told the D.C. Circuit that a man anonymously challenging the constitutionality of the audit watchdog should be required to identify himself, arguing that he has offered "almost nothing to substantiate his claimed need for privacy."

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Financial Services Forum Taps Ex-Truist Exec For GC

By Emilie Ruscoe

Banking industry group Financial Services Forum has hired a general counsel who most recently was a senior Truist Financial Corp. lawyer and who previously worked at the Federal Reserve Board of Governors as senior counsel in its legal division.

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FERC Wins DC Circ. Backing In Power Auction Fight

By Keith Goldberg

The D.C. Circuit on Tuesday backed Federal Energy Regulatory Commission orders approving regional grid operator PJM Interconnection's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.

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Georgia Lawmakers Revive PFAS Liability Shield Bill

By Chart Riggall

Georgia lawmakers have revived an effort to shield the state's carpet and textile industry from liability in suits alleging their use of what are commonly known as forever chemicals, advancing a new version of the legislation out of committee Monday after the bill stalled last year.

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Fla. Utility Says City Had No Power To Dissolve It

By Carolina Bolado

A utility authority appointed by the Florida Legislature told an appeals court Tuesday that the city of Gainesville is "engaged in insurrection against the state government" by amending its charter to dissolve the agency.

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9th Circ. Panel Wary Of Reviving Wash. Gas Appliance Suit

By Ben Adlin

Ninth Circuit judges appeared skeptical Tuesday of a building industry coalition's argument that the Washington State Building Code Council and state attorney general can be sued over a regulation limiting natural gas appliances in new construction.

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Lutnick Rules Out Creating Value-Based Fees For Patents

By Ryan Davis

Commerce Secretary Howard Lutnick told a Senate panel Tuesday that the government is not planning to establish new fees for U.S. patents based on their value, saying the idea he was reportedly considering "is not going anywhere."

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Broadcasters Fight 39% Media Ownership Cap In Hill Hearing

By Christopher Cole

TV broadcasters told the U.S. Senate Tuesday that lawmakers never meant to permanently cap national audience share controlled by a single station owner at 39%, as conservative outlet Newsmax argued there's support from both the left and right for keeping the limit in place.

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Feds Float Strict 100% 'Buy America' EV Chargers Mandate

By Linda Chiem

The Trump administration Tuesday proposed that only electric vehicle charging stations built with 100% American-made components can be eligible for federal funding, setting a stringent new requirement that would make it tougher for such projects to get off the ground.

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Mass. Local Option Regional Transit Surcharge Plan Advances

By Sanjay Talwani

Massachusetts would allow groups of municipalities to collectively impose surcharges on certain existing taxes, upon voter approval, for use in transportation efforts under legislation advanced by the Joint Revenue Committee.

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Broker Renews Fight Against $6.6M Civil Fraud Penalties

By Anna Scott Farrell

An insurance broker renewed challenges to a $6.6 million civil fraud tax penalty over its captive deductions by arguing that the assessment required a jury trial, telling a Pennsylvania federal court that recent rulings, including in the Fifth Circuit, have reinvigorated requests the court previously denied.

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RealPage Defends Case Challenging NY Rental Pricing Law

By Matthew Perlman

Property management software company RealPage is opposing a bid from New York state to toss a lawsuit challenging a new state law that prohibits building owners from using software to set residential rental rates, saying the statute clearly violates the First Amendment by banning advice.

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NLRB Dismisses SpaceX Charges Over Jurisdiction Shift

By Braden Campbell

The National Labor Relations Board has ended a case alleging SpaceX illegally fired critics of boss Elon Musk after the agency that oversees airlines labor relations claimed jurisdiction over the rocket maker.

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Amazon Calls FTC Allegations Of Hidden Documents 'Reckless'

By Bryan Koenig

Amazon.com assailed the Federal Trade Commission for accusing it of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, asking a Washington federal judge to appoint a special master to handle the "inflammatory, close-of-discovery filings."

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Ziff Davis Sues Google Amid Mounting Ad Tech Antitrust Suits

By Bonnie Eslinger

Digital media publisher Ziff Davis Inc. has filed the latest antitrust lawsuit against Google over its advertising technology, alleging in its New York federal complaint that the Silicon Valley giant unlawfully monopolizes the publisher ad server and ad exchange markets.

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NCAA Looks To End Trans Athlete Eligibility Suit For Good

By Alex Lawson

The NCAA has asked a Georgia federal court to snuff out a closely watched suit challenging its eligibility rules for transgender athletes, explaining that it cannot be targeted with a Title IX discrimination complaint because it never received federal funds.

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Wash. Judge Won't Block Racial Equity Housing Program

By Lauren Berg

A nonprofit aimed at "overcoming identity politics" cannot preliminarily block a Washington state housing program designed to reduce racial disparities in homeownership, a Seattle federal judge ruled, saying the group has not shown it is likely to succeed on its claim that the program is unconstitutional.

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Texas Justices Seek 'Universal' Rule On Pretrial Motions

By Spencer Brewer

A Texas Supreme Court justice on Tuesday pressed Attorney General Ken Paxton's office for more specifics on his position that a trial court implicitly ruled on a jurisdictional challenge in litigation over the $10 billion price tag for Austin's planned light rail system, suggesting a "universal rule" was needed.

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Seyfarth Faces DQ Bid From Luxury Terminal Developer

By Rae Ann Varona

A California company aiming to develop a private luxury terminal for Washington Dulles International Airport has asked a D.C. federal court to disqualify Seyfarth Shaw LLP from representing its foe, the Metropolitan Washington Airports Authority, saying the firm also represents the developer's parent company "in no less than seven active matters."

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Trump Is Owed Deference On Harvard Student Block, DOJ Says

By Tom Lotshaw

The U.S. Department of Justice told the First Circuit this week that President Donald Trump's expansive authority over foreign affairs calls for it to overturn a ruling that blocked a proclamation suspending the ability of foreign students to enter the country to attend Harvard.

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Brief

Commerce Probing Possible Aluminum Import Duty Evasion

By Jack McLoone

The U.S. Department of Commerce announced it is opening a countrywide investigation into whether Chinese disposable aluminum packaging that is completed in the United Arab Emirates before being exported to the U.S. is avoiding antidumping and countervailing duties.

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Utah Lawmakers OK Corporate Income Definition Change

By Michael Nunes

Utah would expand its definition of corporate income to include income allocated to the state, under a bill passed by lawmakers that will go to the state's governor.

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Back Taxes OK'd By Court On Land That Lost Forest Break

By Jaqueline McCool

An Oregon County assessor was within her rights to revoke a property's special forestland tax assessment and assess higher property taxes for the previous five years, the state Tax Court ruled. 

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9th Circ. Says DHS Likely To Beat TPS Termination Challenge

By Rae Ann Varona

The Ninth Circuit has hit pause on a district court's order that vacated the Trump administration's termination of temporary protected status for immigrants from Honduras, Nicaragua and Nepal, saying the administration will likely succeed on challenging the vacatur order.

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Minn. Judge Won't End TRO Over DHS Refugee Detentions

By Ganesh Setty

The Trump administration must continue to refrain from arresting and detaining refugees in Minnesota who haven't yet secured permanent resident status, a Minnesota federal court has ruled, finding no support in the Immigration and Nationality Act for their mandatory detention.

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Trump Admin Appeals Limits On Protester Deportations

By Carolyn Muyskens

The Trump administration has appealed a Massachusetts federal judge's order restricting its ability to deport noncitizen university professors and students who engaged in pro-Palestinian advocacy, arguing the sanctions went beyond the judge's power.

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Fla. US Attys Push Back Against Sanctions In Habeas Case

By Rae Ann Varona

The U.S. attorney for the Middle District of Florida and an assistant U.S. attorney have urged an Orlando federal judge not to sanction them for the government's response to a noncitizen's habeas petition, saying any shortcomings were an "unintentional oversight."

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Former Teachers Union Leaders Get Prison For Stealing $2.6M

By Carolina Bolado

A Florida federal judge has sentenced the former president and vice president of a Jacksonville teachers union to prison for embezzling more than $2.6 million in union funds, the U.S. Department of Justice announced Tuesday.

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Coal Exec's Co-Worker Says Emails Hinted At Egypt Bribes

By Matthew Santoni

A former coworker testified Tuesday that former Corsa Coal executive Charles Hunter Hobson sent emails as early as 2016 implying that the company's agent in Egypt was bribing officials to buy coal from the company and that he later saw the agent walk into the buyer's office with an envelope allegedly stuffed with cash.

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Ex-Cop Claims Retaliation For Reporting Mayoral Misconduct

By Hayley Fowler

A former assistant police chief in North Carolina says he was pushed out after accusing his boss of helping town officials cover up mayoral misconduct, including a traffic stop involving the mayor and a late night visit to town hall in which the mayor allegedly appeared on security footage without pants.

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District's Title VI Claims 'Futile' In NY Mascot Fight, Court Told

By Crystal Owens

New York's Board of Regents is fighting a request by a Long Island school district to alter a judgment that dismissed its challenge to the state's ban on the use of Indigenous imagery in public schools, arguing that it has shown no new evidence that would change the dispute's outcome.

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Brief

IHS To Phase Out Mercury Dental Fillings By 2027

By Jonathan Capriel

The Indian Health Service has announced it will phase out the use of dental fillings containing mercury at its facilities over the next year.

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Congressman Calls For Ban On Unsanctioned Native Symbols

By Crystal Owens

New Jersey Democratic U.S. Rep. Frank Pallone Jr. has introduced a resolution that would ban the use of unsanctioned Indigenous imagery in public schools, saying it is a pushback on the Trump administration's recent efforts to stop state and local officials from retiring the harmful symbols.

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Verizon Vows Future Challenges For Congressional Subpoenas

By Courtney Bublé

Amid criticism from Republicans on how Verizon handled subpoenas from special counsel Jack Smith, the general counsel for the telecommunications company told lawmakers on Tuesday that, going forward, they will challenge in court non-disclosure orders preventing notification to members of Congress.

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FirstNet Reauthorization Bill Advances To Full Committee

By Nadia Dreid

A bill that would renew the First Responder Network Authority for just over a decade sailed through a House subcommittee hearing Tuesday afternoon and is now headed to the full committee for a vote.

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CBP Gets Cannabis Cos.' Seizure Suit Thrown Out

By Mike Curley

A New Mexico federal judge has thrown out claims from eight cannabis companies alleging DHS and U.S. Customs and Border Protection violated their Fifth and Tenth Amendment rights by seizing cannabis products, cash and vehicles.

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Ga. Reps Introduce Cannabis Legalization Law

By Mike Curley

A group of Democratic Georgia state representatives have introduced a bill to decriminalize and legalize possession and use of cannabis, dubbed the Georgia Cannabis Freedom and Integrity Act.

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Brief

Conn. Bill Would Change Tax On Cannabis Sales

By Jaqueline McCool

Connecticut would change its tax on adult-use cannabis sales to a standard excise tax instead of a tax based on the percentage of THC in a product under a bill introduced Tuesday in the state House.

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Next Steps For Fair Housing Enforcement As HUD Backs Out

A soon-to-be-finalized U.S. Department of Housing and Urban Development rule, which would hand responsibility for determining disparate impact liability under the Fair Housing Act to the courts, reinforces the Trump administration’s wider rollback of fair lending enforcement, yet there are reasons to expect litigation challenging this change, say attorneys at Spencer Fane.

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What Applicants Can Expect From Calif. Crypto License Law

With the July effective date for California's Digital Financial Assets Law fast approaching, now is a critical time for companies to prepare for licensure, application and coverage compliance ahead of this significant regulatory milestone that will reshape how digital asset businesses operate in California, say attorneys at MoFo.

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CFIUS Risk Lessons From Chips Biz Divestment Order

President Donald Trump's January executive order directing HieFo to unwind its 2024 acquisition of a semiconductor business with ties to China underscores that even modestly sized transactions can attract CFIUS interest if they could affect strategic areas prioritized by the U.S. government, say attorneys at Debevoise.

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How States Are Advancing Enviro Justice Policies

The federal pullback on environmental justice creates uncertainty and impedes cross‑jurisdictional coordination, but EJ diligence remains prudent risk management, with many states having developed and implemented statutes, screening tools, permitting standards and more, say attorneys at King & Spalding.

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USPTO's New Patentability Focus Helps Emerging Tech

The U.S. Patent and Trademark Office's recent efforts to shift patentability criteria back toward traditional standards of novelty, obviousness and adequate disclosure should make it easier for emerging tech, including artificial intelligence, to obtain patents, says Bill Braunlin at Barclay Damon.

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Elections Mean Time For Political Law Compliance Checkups

An active election year is the perfect time for in-house counsel to conduct a health check on their company's corporate political law compliance program to ensure it’s prepared to minimize risks related to electoral engagement, lobbying, pay-to-play laws and government ethics rules, say attorneys at Steptoe.

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What's At Stake In Possible Circuit Split On Medicaid Rule

A recent Eleventh Circuit decision, reviving Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, sets up a potential circuit split with the Fifth Circuit, with important ramifications for states looking to private administrators to run provider tax programs, say Liz Goodman, Karuna Seshasai and Rebecca Pitt at FTI Consulting.

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Malpractice Claim Assignability Continues To Divide Courts

Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

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Ex-McDermott Atty Fights 'Harassing' Subpoena In Bias Suit

By Grace Elletson

A Black attorney accusing McDermott Will & Schulte LLP of firing her for calling out racial bias has urged an Illinois federal court to reject the firm's bid to get employment records from her previous employer, Katten Muchin Rosenman LLP, saying the request serves no other purpose than to harass her.

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Kirkland Joins Growing Number Of Firms Launching In Tenn.

By Andrea Keckley

Kirkland & Ellis is joining a long line of firms setting their sights on Tennessee, announcing Tuesday that it would set up shop in Nashville with a team of former Butler & Snow LLP and King & Spalding LLP litigators.

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Lewis Brisbois, Ex-Paralegal Bring Dueling Suits Over Firing

By Adrian Cruz

Days after being sued to compel her to arbitrate her claims against the firm, a former Lewis Brisbois Bisgaard & Smith LLP paralegal hit her ex-employer with a defamation suit claiming its actions tarnished her reputation and cost her a job at another firm.

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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