Analysis

Trump Admin Calls AI Giants' Exemption Bid 'Moat-Digging'

By Bryan Koenig

Artificial intelligence companies have approached both Congress and federal regulators about granting them a broad exemption from antitrust liability that would let them pursue a coordinated slowdown of development.

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4th Circ. Says FCC Defied Congress Through Political Ad Rule

By Courtney Bublé

A split Fourth Circuit panel Wednesday granted a request from Democratic candidates to force the Federal Communications Commission to issue a ruling on whether broadcasters may only charge the lowest possible rate for ads purchased by political committees attached to candidates.

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Justices Wary Of Prolonging Guam Ammo Disposal Suit

By Madeline Lyskawa

The U.S. Supreme Court on Wednesday appeared wary of ruling that a Guam-based nonprofit can't challenge the U.S. Air Force's plan to explode expired munitions because its application to do so has yet to be approved by the territory's Environmental Protection Agency.

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Trump 'Outsourced' White House Press Functions, Judge Told

By Cara Salvatore

Media organizations urged a New York federal judge on Wednesday to stop President Donald Trump from using Truth Social for his communications as long as the company offers paid early access to those posts, arguing that the private company's "entwinement" with the president violates the First Amendment.

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Trump Admin Challenge To Mich. Egg Rules Tossed For Now

By Hailey Konnath

A Michigan federal judge on Wednesday threw out the federal government's suit over the state's ban on eggs produced by caged hens, ruling that the government lacks standing to challenge the law, though she allowed it to file an amended complaint.

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Justices' Docs Should Belong To Public, Gov't Watchdogs Say

By Jack Karp

Nearly two dozen government accountability groups are calling for Congress to enact a law that would make U.S. Supreme Court justices' papers government property that would someday be available to the public.

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NC Panel Nixes Challenge To Confederate Memorial's Removal

By Hayley Fowler

A nonprofit honoring Confederate soldiers has no standing to challenge the relocation of a Confederate monument to a local courthouse, a North Carolina Court of Appeals panel ruled Wednesday in affirming dismissal of the group's lawsuit.

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HUD Probes Wells Fargo's 'Racial Equity' Mortgage Initiatives

By Jon Hill

The U.S. Department of Housing and Urban Development said Wednesday that it is investigating whether Wells Fargo violated federal antidiscrimination laws by offering mortgage programs aimed at increasing Black homeownership rates.

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8th Circ. Upholds $35,000 Costs Award In DAPL Protest Case

By Crystal Owens

An Eighth Circuit panel has upheld a lower court's award of more than $35,000 in costs to Morton County, North Dakota, and its officials in a challenge by an environmentalist who was severely injured by law enforcement during a protest over the Dakota Access pipeline.

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1st Circ. Seems Torn On DOJ Bid For Trans Care Records

By Chris Villani

The First Circuit on Wednesday appeared divided over whether the Trump administration may access a wide array of documents related to gender-affirming care at Boston Children's Hospital, with judges asking pointed questions of lawyers on both sides.

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Mich. Judge Questions Push To Revive Abortion Restrictions

By Dan McKay

A Michigan judge Wednesday called a state law requiring medical providers to give parenting information and a picture of a fetus to patients seeking an abortion a "hindrance" that is out of step with a voter-approved right to reproductive freedom.

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PhRMA Sues To Block Medicare Foreign Drug Price Rule

By Jared Foretek

The pharmaceutical industry's top lobbying group asked a D.C. federal judge Wednesday to block a new Medicare rule tying Part B drug payments to prices abroad, claiming that the U.S. Department of Health and Human Services is imposing a "most-favored-nation" price control that Congress has repeatedly declined to enact.

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Brief

Copyright Office Probes AI's Role In Streaming Fraud

By Ivan Moreno

The U.S. Copyright Office is examining whether music-streaming fraud and artificial intelligence-generated music are affecting royalty payments and licensing systems as part of a broader inquiry requested by Congress.

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DNC Sues Over Trump's Taxpayer-Funded 'Propaganda Ads'

By Lauren Berg

The Democratic National Committee on Wednesday sued the Trump administration over its use of taxpayer dollars to air "political propaganda ads" promoting the president ahead of the November midterm elections.

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States Urge Justices To Fix Prediction Markets' Legal 'Chaos'

By Katryna Perera

A coalition of 39 states and the District of Columbia urged the U.S. Supreme Court on Wednesday to resolve a circuit split over the regulation of prediction markets like Kalshi, saying the industry's "aggressive theory of preemption" threatens states' sovereignty and ability to protect their residents. 

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Prosthetic Breast Merchant Admits To $1.3M Insurance Fraud

By Brian Steele

A former business owner in Connecticut pled guilty to running a $1.3 million insurance scam that targeted Medicaid and private companies by submitting fraudulent claims for custom breast prostheses that customers never ordered or received, federal court records show.

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Tenn. Judge Tosses Developer's Data Centers Moratorium Suit

By Isaac Monterose

A Tennessee federal judge has tossed a data center developer's challenge to a moratorium on data centers without prejudice, ruling in part that the suit is inconsistent when it comes to the type of property interest that the developer is asserting with its allegations.

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Colo. Legislative Aide Says He Was Fired For Pay Complaints

By Benjamin Morse

A Colorado state representative fired a senior legislative aide after he objected to doing campaign work on taxpayer-funded time and complained that she failed to fairly pay him for hundreds of hours of campaign work, according to a suit filed in Colorado state court.

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House, Senate Dems Pitch Plans To Clamp Down On AI Harms

By Allison Grande

A House Democrat floated draft legislation Wednesday aimed at making it easier for those harmed by emerging artificial intelligence systems to sue developers for damages, on the same day that the top Democrat on the U.S. Senate Commerce Committee unveiled her own comprehensive framework for addressing "catastrophic" risks posed by AI.

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Local Banks Want In On Plan To Use Banks To Stop Robocalls

By Nadia Dreid

Community banks want to make sure they qualify to issue letters of credit to voice providers if the Federal Communications Commission decides to go through with rules that would require companies to show they have financial backing in the hopes of staunching the onslaught of robocalls.

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Family Tells 5th Circ. Penske Can't Evade Crash Liability

By Linda Chiem

The family of a man killed in a Texas collision said a Fifth Circuit panel faithfully followed federal law when it revived its lawsuit alleging freight broker and trucking giant Penske is vicariously liable for the 2018 accident, and en banc review before the full court is unwarranted.

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1st Circ. Presses NEA On 'Gender Ideology' Grant Criteria

By Carolyn Muyskens

A First Circuit panel had sharp questions for the federal government Wednesday about its decision to disfavor National Endowment for the Arts grant applicants who "promote gender ideology," with one judge saying the arts program is supposed to be insulated from politics.

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DOT Unveils Plan To Modernize Space Launch Licensing

By Aneeta Mathur-Ashton

U.S. Transportation Secretary Sean P. Duffy has announced that the Federal Aviation Administration is proposing five new rules to streamline and modernize the commercial space launch and reentry regulations.

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USTR Probes EU Carbon Tax's Impact On US Trade

By Dylan Moroses

The U.S. is considering whether the European Union's carbon import tax and proposals to expand its scope harm American producers, the U.S. Trade Representative's Office said.

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'Outlandish' Errors Not AI Hallucinations, Attys Tell CIT

By Jack McLoone

Three attorneys defended the errors they made in a brief to the U.S. Court of International Trade as simple mistakes and not the product of artificial intelligence hallucinations, arguing they shouldn't be subject to sanctions.

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Brief

Commerce Orders Duties On Indian Paprika Oil Extract

By Jack McLoone

The U.S. Department of Commerce issued antidumping and countervailing duty orders Wednesday on imports of a paprika-derived coloring additive from India after finding the goods were being sold at unfair prices.

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Brief

Commerce Finalizes Indian, Turkish Chromium Duty Rates

By Dylan Moroses

The U.S. Department of Commerce finalized duty rates for a compound used primarily in wood preservation, metal finishing and plating imported from India and Turkey, according to notices published Wednesday. 

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Brief

EEOC Set To Revoke Guidance On Workers' Criminal History

By Patrick Hoff

The U.S. Equal Employment Opportunity Commission is poised to roll back guidance on the use of workers' arrest and conviction records in employment decisions, now that the proposed rescission has been sent to the White House for review.

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1st Circ. Skeptical Of Legal Basis For IRS-ICE Data Sharing

By Julie Manganis

The First Circuit repeatedly suggested during a hearing Wednesday that the Trump administration's use of a privacy exception in the tax code for criminal investigations to justify demanding tax records of noncitizens could allow it to target nearly anyone's private returns.

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Only Animus Claims Viable In Yemen TPS Suits, Judge Says

By Ganesh Setty

A New York federal court has dismissed the thrust of two lawsuits challenging the Trump administration's revocation of Yemen's temporary protected status designation, though it still allowed the plaintiffs to pursue their intentional discrimination claims.

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Mich. Judge Rejects Due Process Claims In Visa Records Suit

By Elaine Briseño

A Michigan federal judge on Wednesday trimmed the due process claims from students challenging the sudden termination of their immigration records, finding the students abandoned the claims and that courts have found no constitutional protection for a visa status.

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DOJ Urges Judge To Lift Block On Birthright Citizenship Order

By Jared Foretek

The Trump administration is urging a Maryland federal judge to dissolve her injunction blocking its latest executive order aiming to limit birthright citizenship, claiming that new agency guidance confirming that the policy only applies to children born after it takes effect leaves the families who originally sued without standing.

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DHS Eyes Up To $100K Foreign Student Work Program Fee

By Britain Eakin

The U.S. Department of Homeland Security proposed a rule Wednesday that would impose a $70,000 fee for foreign students to work in their fields, and another $30,000 tacked on for students in science, technology, engineering and mathematics fields.

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States Say DHS Is Tying Grants To Immigration Agenda, Again

By Ganesh Setty

A coalition of 20 states and the District of Columbia told a Rhode Island federal court Wednesday that the Trump administration is still unlawfully tying certain grant funding to their assistance with immigration enforcement efforts, in violation of the court's permanent injunction rulings.

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Interior Plan Targets Indian Affairs Records For Disposal

By Crystal Owens

The U.S. Department of the Interior is seeking tribal input on proposed changes to the Indian Affairs record schedule that, if approved, will make documents eligible for destruction after certain time periods, depending on category.

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Mich. Tribal Officials Detail Missing Persons Plan At Summit

By Melanie Dorsey

Officials from the Bay Mills Indian Community outlined how they plan to respond to cases of missing and murdered Indigenous people at a summit in Michigan on Wednesday, explaining how the tribe will coordinate law enforcement, victim services and community resources and sharing lessons learned from previous missing persons cases. 

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FCC Proposes $10M In Fines For Alleged Lifeline Fraud

By Aneeta Mathur-Ashton

The Federal Communications Commission has proposed more than $10 million in fines against two providers for allegedly defrauding the agency's Lifeline program, which provides discounts on phone and internet services to qualifying low-income Americans.

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FCC Eyes Spectrum Sale To Boost 5G, Satellite D2D

By Christopher Cole

The Federal Communications Commission's staff has teed up a proposal that would pave the way for a new auction of 25 megahertz worth of spectrum that could be used for advanced Earth-based wireless service and satellite connectivity to smart devices.

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1st Circ. Clearing Appeals Over Old FCC Jail Phone Cap Order

By Nadia Dreid

The First Circuit is clearing up a tangle of appeals it has on its plate challenging the Federal Communications Commission's prison phone rate caps after the agency threw a wrench in the plan by updating those regulations post-oral argument.

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Don't Let Post-Merger Iridium Disrupt Astronomy, FCC Told

By Aneeta Mathur-Ashton

Astronomers have warned the Federal Communications Commission that aerospace company Rocket Lab USA Inc. must fulfill its obligations to avoid harmful interference if the agency approves the license transfer needed for its proposed $8 billion purchase of satellite operator Iridium Communications.

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California Federal Judge Jeffrey White To Retire After 24 Years

By Bonnie Eslinger

Senior U.S. District Judge Jeffrey S. White will retire at the end of the year after nearly a quarter-century on the federal bench in Northern California.

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RI Says Changed Law Moots Challenges To Pot Program

By Jonathan Capriel

It's time to bring to an end three lawsuits that challenged Rhode Island's social equity and adult-use cannabis licensing program, the state has told a federal court, arguing that the litigation is moot now that the Legislature has changed the challenged provisions.

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Okla. Pot Agency Accused Of Retaliating Over Gender Pay Gap

By Jonathan Capriel

The Oklahoma Medical Marijuana Authority was hit with a sex discrimination and retaliation lawsuit by a former employee who claims the agency reprimanded her for pointing out that she was paid less than her male colleagues, according to a lawsuit filed in federal court Tuesday.

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NLRB Memo Signals Narrower View Of Protected Activism

A recent National Labor Relations Board memo concluding that Microsoft lawfully discharged two employees who conducted a pro-Palestinian protest on company property indicates that the current NLRB general counsel may take a more restrictive view of when political or social advocacy qualifies as protected activity, say attorneys at Franczek.

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How SEC Is Changing The Shareholder Proposal Landscape

The U.S. Securities and Exchange Commission continues to place its shareholder proposal rule at the center of its agenda, now with a newly proposed rule that would rescind it entirely, showcasing an agency seeking to narrow its overall focus, say attorneys at Thompson Coburn.

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How FTC Win Charts A Court-1st Merger Litigation Playbook

A New York federal court's recent decision blocking Henkel's acquisition of Liquid Nails marked a decisive trial win for the Federal Trade Commission, and tips for merging parties in similar transactions now include preparing for full-blown federal litigation, including a complete evidentiary trial, say attorneys at Cooley.

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Series

Illinois Banking Brief: All The Notable Legal Updates In Q3

Recent banking developments in Illinois include significant new consumer protection legislation, three meaningful Seventh Circuit decisions, and a high-profile constitutional challenge to the state's new digital asset tax, say attorneys at Barnes & Thornburg.

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Why And How To Build A Neurodiversity-Informed Practice

By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

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Split Congress Could Spur Competing Probes, Cleary Finds

By Courtney Bublé

If the new year brings an era of divided Congress, then "dueling investigations" into the same topics should be expected, Cleary Gottlieb Steen & Hamilton LLP said in a report it released Thursday.

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Baker Donelson Elects Department Chair As President, COO

By Tracey Read

Baker Donelson Bearman Caldwell & Berkowitz PC has elected a litigator who chairs the financial services department as its next president and chief operating officer, the Memphis, Tennessee-headquartered firm announced Thursday.

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Morgan Lewis Forms Council To Steer EMEA Strategy

By Kevin Penton

Morgan Lewis & Bockius LLP is creating a 12-member council for Europe, the Middle East and Africa that it anticipates will work to advance regional priorities, enhance collaboration opportunities and improve services to global clients, the firm announced Thursday.

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DLA Piper Taps 2 O'Melveny Lawyers For Leadership Roles

By Jack Rodgers

DLA Piper has hired two O'Melveny & Myers LLP lawyers as the new leaders in two D.C.-based intellectual property groups, one of whom was the leader of his prior firm's International Trade Commission litigation group.

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Foley & Lardner Adds Ex-DOJ Antitrust Official In DC Office

By James Boyle

A former assistant chief in the U.S. Department of Justice's Antitrust Division moved back recently into the private sector and joined Foley & Lardner LLP's Washington, D.C., office.

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Sheppard Mullin Hit With Class Action Over Data Breach

By Jake Maher

A former Sheppard Mullin Richter & Hampton LLP paralegal launched a proposed class action against the firm in California federal court on Wednesday over a cyberattack it had in August, in which she says at least 1,000 people's names and Social Security numbers were stolen.

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Buzbee Faces $970K Fee Bid In Dismissed Conspiracy Cases

By Lynn LaRowe

A Mississippi lawyer is asking a Texas state court to award her more than $970,000 in fees after defeating claims that she and her law firm conspired with rapper Shawn "Jay-Z" Carter and Quinn Emanuel Urquhart & Sullivan LLP to retaliate against prominent Houston plaintiffs attorney Tony Buzbee and two of his former clients.

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Analysis

New Fraud Division Flexes Might In Latest Enforcement Policy

By Phillip Bantz

The National Fraud Enforcement Division's new corporate enforcement policy emphasizes the quick pursuit of certain types of fraud through data analysis and staff resources, expands the target list beyond traditional healthcare providers and highlights the division's growing dominance within the U.S. Department of Justice, experts say.

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IP Rights Group Urges Against Litigation Funding Disclosure

By Elliot Weld

An inventor rights advocacy group has told a federal courts rules committee that requiring the disclosure of who is funding civil litigation would put independent inventors at a disadvantage when trying to enforce patents against a larger company.

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Fla. Judge Says Oct. 7 Attack Was 'Inflection Point' For U.S.

By David Minsky

U.S. District Judge Roy K. Altman addressed a small group of attorneys in a Florida law office to speak on his book about the October 2023 Hamas-led attack on Israel, saying public debate over facts surrounding the event and underlying feud has reached an "inflection point" in America.

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