Analysis

FCC Keeps Chin Up, But Chevron Woes Won't Soon Fade

By Christopher Cole

After the U.S. Supreme Court term stampeded over long-established elements of administrative law this summer, the future of several major Federal Communications Commission initiatives was cast into doubt, but the agency says it's still optimistic it can navigate the new challenges.

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Analysis

Boeing's 737 Max Plea Deal: Monitorship, Gov't Contracts

By Linda Chiem

Boeing will be branded with a felony criminal conviction after pleading guilty to conspiring to defraud U.S. regulators over the 737 Max 8's development, an ignominious distinction with fresh complications for the embattled American aerospace titan as it overhauls its corporate culture under a compliance monitorship.

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Senate Confirms First Tax Court Judge Since 2020

By Asha Glover

The U.S. Senate on Thursday confirmed a U.S. Tax Court judge for the first time since 2020.

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Texas Can Pursue 'Invasion' Defense In River Barrier Row

By Britain Eakin

Texas can pursue an "invasion" defense in the Biden administration's suit over an anti-migrant barrier in the Rio Grande, a federal judge has ruled, saying the state could ultimately show migration at the southern border actually constitutes an invasion.

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GOP States Win Reprieve From Title IX Gender Identity Rule

By Patrick Hoff

The U.S. Department of Education can't enforce its new interpretation of Title IX expanding LGBTQ+ rights against six states challenging the regulations, a Missouri federal judge ruled, saying the federal agency's interpretation of the statute isn't owed any deference under recent U.S. Supreme Court precedent.

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11th Circ. Sets Briefing Schedule In Mar-A-Lago Docs Appeal

By Carolina Bolado

Briefing in special counsel Jack Smith's appeal of the dismissal of the classified documents criminal case against former President Donald Trump will run through mid-October, according to a scheduling notice from the Eleventh Circuit on Thursday.

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Trump Judge Won't Exit Over 'Nothingburger' Atty Encounter

By Lauren Berg

The New York judge who ordered Donald Trump to pay $465 million in penalties in his civil fraud case Thursday rejected the former president's demand that he step down from the case, saying a brief hallway encounter with an attorney acquaintance was a "nothingburger" that did not influence his decision.

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DA Says Trump Immunity Ruling Doesn't Affect NY Convictions

By Elliot Weld

Manhattan District Attorney Alvin Bragg told a New York judge Thursday that the U.S. Supreme Court's presidential immunity ruling has no bearing on Donald Trump's fraud conviction in his hush-money case since the charges relate to unofficial acts.

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Dems, And Now Biden, Contemplate Supreme Court Reform

By Courtney Bublé

On the heels of President Joe Biden saying he will push for U.S. Supreme Court reform in the final months of his presidency, two Democratic lawmakers on Thursday rallied to promote a bill that would increase the number of seats on the court from nine to 13.

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Ex-Defender Says Judiciary Reform Study Buoys Bias Suit

By Hayley Fowler

A former public defender who accused the federal judiciary of flubbing its investigation of her sexual harassment claim has doubled down on her request for the court to take notice of a recent study promoting judiciary workplace reforms, hitting back at her opponent's attempt to discredit the report's relevance.

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DOJ Watchdog Criticizes Barr But Clears Him Of Wrongdoing

By Hailey Konnath

The U.S. Department of Justice's watchdog on Thursday chided former Attorney General William Barr for violating DOJ policies via his handling of information regarding an election fraud investigation in Pennsylvania during the 2020 presidential election, though it said he didn't technically commit misconduct.

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Pa. Justices To Weigh Rules For Tossing Provisional Votes

By Matthew Santoni

The Supreme Court of Pennsylvania will expedite an appeal to clarify the rules for accepting or tossing certain provisional votes, in a case brought by candidates in a tight race for a seat in Pennsylvania's House of Representatives.

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CFPB Wary Of 'Junk Fees' As Lunch Money Goes Digital

By Jon Hill

The Consumer Financial Protection Bureau on Thursday flagged concerns about "junk fees" that school-contracted payment processors are charging parents to put money on their children's cafeteria accounts, casting it as part of a broader trend toward more digital payments in school settings.

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SEC Seeks To Narrow Attack On Nasdaq Board Diversity Rule

By Jessica Corso

The U.S. Securities and Exchange Commission told the Fifth Circuit Thursday that conservative groups objecting to a Nasdaq rule mandating the disclosure of board diversity data can no longer complain about the exchange's offer to help companies recruit applicable candidates because that offer has expired, mooting at least one aspect of a broader attack against the rule.

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SEC Says Consensys 'Rushed To Court' Over Probe Notice

By Emilie Ruscoe

The U.S. Securities and Exchange Commission has argued cryptocurrency firm Consensys improperly "rushed to court" to head off an enforcement action alleging certain products require brokerage registration.

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Bank-Fintech Risks Put In Spotlight As Agencies Urge Caution

By Jon Hill

Federal regulators urged banks on Thursday to be mindful of a host of potential risks when partnering with outside firms to provide deposit products and services, guidance that comes in the wake of a high-profile fintech bankruptcy that has cast a pall over the banking-as-a-service business model.

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Warren Slams Fed Chief For Inaction On Bank Exec Pay

By Kellie Mejdrich

Sen. Elizabeth Warren, D-Mass., urged the Federal Reserve's top official to support rulemaking that would restrict incentive-based pay for executives at big banks, a long-overdue policy change that Congress required in the 2010 Dodd-Frank Act.

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1st Circ. Leery Of Fishing Industry Challenge To Wind Farm

By Julie Manganis

A First Circuit panel on Thursday appeared unlikely to disturb a district court's rulings affirming a series of approvals for a massive wind farm off the coast of Martha's Vineyard and Nantucket, questioning procedural claims by fishing industry groups and whether they have standing to sue.

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Alaska Sues To Block Federal Land Conservation Rule

By Isaac Monterose

The state of Alaska is challenging a Bureau of Land Management rule that aims to conserve and protect public lands, saying the "vast majority" of the rule isn't allowed under state and federal law because of how it prioritizes "ecosystem resilience" over longtime policies.

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Justices Urged To Hear Red State Bid To End Climate Torts

By Madeline Lyskawa

Industry groups and conservative think tanks urged the U.S. Supreme Court to take up a novel request by 19 Republican-led states to nix climate change torts brought by rival state governments against fossil fuel companies, arguing the rival states' claims violate the constitutional bounds of state authority.

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Analysis

Lawmakers Take Stab At Energy Permitting As Election Looms

By Keith Goldberg

U.S. Senate energy committee leaders have proposed legislation that would significantly overhaul energy project infrastructure permitting, but it faces a sharply divided Congress made even more daunting by a presidential election this fall. With an initial markup scheduled for Wednesday, here are some key takeaways.

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EPA OIG Says Texas, Calif. Pollution Sources Need Oversight

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency has, since at least 2006, failed to keep tabs on air pollution sources in California and Texas that might require more stringent control measures, the EPA's internal watchdog said Wednesday.

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California Disses Chamber's Climate Compliance Attack

By Katryna Perera

The state of California on Wednesday slammed the U.S. Chamber of Commerce's attempt to block the state's corporate climate disclosure rules before discovery opened in the Chamber's suit, arguing it should be allowed a chance to disprove the group's "vague and unsubstantiated" claims.

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Brief

Solvay Wants Arkema To Cover Some Of NJ PFAS Deal

By Tom Lotshaw

Solvay Specialty Polymers USA LLC said it plans to ask a New Jersey state judge to lift a 3-year-old stay so it can seek contributions from Arkema Inc. for the remediation of forever chemical pollution stemming from a West Deptford facility.

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Brief

USPTO No Longer Wants To Change TM Response Deadlines

By Ivan Moreno

The U.S. Patent and Trademark Office said Thursday it has decided to keep current post-registration response deadlines after the agency concluded that many trademark owners would not be subject to the proposed shorter response period.

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Brief

By Ivan Moreno

The U.S. Copyright Office has created a new group registration option for news websites that are updated frequently, allowing publications to register a group of updates as a collective work with portions of the work rather than all the website's content, according to the federal register.

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Meta, Snap Can't Ignore Murder Case Subpoenas, Court Says

By Hailey Konnath

Social media companies' ability to access and use their customers' information means they fall outside the scope of the Stored Communications Act, a California appellate court has ruled, rejecting Meta Platforms Inc. and Snap Inc.'s argument that the SCA's disclosure limitations mean they can't comply with subpoenas in a murder case.

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Divided FCC Floats AI Disclosure Rule For Political Ads

By Jared Foretek

The Federal Communications Commission is moving forward with a proposal to require that radio and television broadcasters disclose when political advertising uses artificial intelligence.

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Advocacy Group Pushes FCC For Hearing On Fox TV License

By Nadia Dreid

An advocacy group accusing a Philadelphia Fox television station of knowingly airing harmful conspiracy theories following the 2020 election has told the Federal Communications Commission the group has collected more than 25,000 signatures from people saying the agency should grant a hearing on the subject of yanking the station's license.

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DP World Wins OK Of $194M Award Against Djibouti

By Ali Sullivan

A D.C. federal judge entered a $194.3 million judgment against the Republic of Djibouti, enforcing an arbitration award secured by a Dubai-based port terminal operator in a long-running legal battle over an international container terminal in the East African country.

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Sports Court Confirms US Figure Skating Win In Beijing

By Caroline Simson

The Court of Arbitration for Sport has rejected appeals filed by the Russian figure skating team challenging the rankings in the team event during the 2022 Olympic Games in Beijing, a decision that means the U.S. team members will finally be able to collect their gold medals.

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Newsom Cites High Court In Ordering Encampments Cleared

By Lauren Berg

California Gov. Gavin Newsom on Thursday ordered state agencies to start removing homeless encampments on state property while providing outreach services to homeless residents following a recent U.S. Supreme Court ruling that gave governments broader authority to ban camping in public.

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Calif. Appeals Court Revives Roadside Attraction Challenges

By Tom Lotshaw

A California state appeals court revived two suits targeting San Benito County approvals for a roadside attraction proposed to be built along Highway 101, holding that the Center for Biological Diversity and the Amah Mutsun Tribal Band filed timely challenges to the so-called Betabel Road project.

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NC High Court Signals End To College Building Access Row

By Travis Bland

The Tar Heel State's Supreme Court this week unpaused a legal battle between North Carolina State University and a cancer-stricken professor after the two said they had resolved a dispute over testing for carcinogens in a campus building.

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Calif. Justices Rule Prop 22 Is Constitutional

By Max Kutner

The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.

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Fla. Agency Gets Most Of Unions' Claims Over Dues Law Axed

By Beverly Banks

A public employee relations agency secured an early win against claims from Florida teachers unions that provisions in a state law pertaining to dues deductions and recertification violated the U.S. Constitution, a federal judge ruled, sending only one contracts clause allegation to trial.

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Kroger, Albertsons Agree To Delay $25B Merger Closing

By Thy Vo

Kroger Co. and Albertsons said Thursday they agreed to delay closing on their $25 billion merger until after a judge rules on the merits of Colorado regulators' antitrust case, allowing the companies to avoid a two-week hearing next month.

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Dems' Bill Looks To Prevent Collusion With OPEC

By Courtney Bublé

A pair of Democrats in the House and Senate on environmental committees introduced a bill Wednesday to punish fossil fuel companies that collude with OPEC to increase prices.

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Brief

4th Circ. Vacates FTC Loss After Novant Bows Out Of Merger

By Hayley Fowler

The Fourth Circuit has agreed to vacate a North Carolina federal judge's ruling allowing Novant Health's planned $320 million hospital merger to advance after the Federal Trade Commission secured an emergency injunction on appeal that effectively killed the deal.

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11th Circ. Revives FCA Dispute Over Small Biz Contracts

By Daniel Wilson

The Eleventh Circuit on Thursday revived a whistleblower False Claims Act case alleging new owners of a construction firm fraudulently secured orders under a program for disadvantaged small businesses, saying those owners should have told the Small Business Administration about the ownership switch.

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USDA Drops Push To Certify Contractors' Labor Compliance

By Irene Spezzamonte

The U.S. Department of Agriculture on Thursday scrapped from a proposed rule requirements for federal contractors to attest that they were following federal and state labor laws, tossing President Barack Obama's efforts an earlier version of the rule revamped.

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US Calls For Labor Scrutiny At Mexican Components Plant

By Jennifer Doherty

The Office of the U.S. Trade Representative announced a new request Thursday calling on Mexican authorities to investigate claims that workers at a components manufacturing plant were fired for protected activities and blocked from joining outside unions.

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Trade Commission Affirms Pea Protein Import Harms

By Jennifer Doherty

The U.S. International Trade Commission voted unanimously Thursday to find that pea protein imports from China have harmed the domestic industry, clearing the U.S. Department of Commerce to levy antidumping and countervailing duties on the goods.

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IRS, Zaxby's Co-Founder To Settle $43M Easement Suit

By Kat Lucero

The Internal Revenue Service agreed to settle a $43 million valuation dispute over a conservation easement donated by the co-founder of the Zaxby's restaurant chain and his wife, prompting a Georgia federal court Thursday to cancel next month's anticipated jury trial.

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Conn.'s Added Tax On Warranties Called Double Taxation

By Maria Koklanaris

The Connecticut state tax commissioner's levy of an additional tax on extended vehicle warranties connected to out-of-state vehicle sales is double taxation because the warranties are already taxed by the buyer's home state, a Connecticut-based auto wholesaler told a state trial court.

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Belgium Taken To EU Court Over Deposit Exemption Rules

By Todd Buell

The European Union's executive branch said Thursday that it is taking Belgium to court alleging that the country's system of exempting remuneration of savings deposits from tax violates EU law.

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Ex-Conn. Tax Official Cites 'Just Cause' To Challenge Firing

By Aaron Keller

A former high-level legal director at the Connecticut Department of Revenue Services has asked the state's intermediate appellate court to reverse her termination, saying the agency, an employment review board and a state trial court judge all failed to apply "just cause" standards to her firing as a managerial worker.

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3rd Circ. Enters Fray On Venue For Immigration Appeals

By Emily Sawicki

The Third Circuit has transferred an immigration case to the Sixth Circuit, finding that court to be the appropriate venue for an appeal stemming from an immigration case involving virtual appearances from multiple remote locations, because the complaint underlying the matter was filed in Ohio.

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Iowa Says Blocking Its Immigration Law Flouts High Court

By Britain Eakin

Iowa told the Eighth Circuit on Thursday that a federal judge contorted U.S. Supreme Court precedent by granting the Biden administration's request to block a law criminalizing previously deported noncitizens' entry into the state.

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How They Won It

Defense Teams' Solidarity Key In Hawaii DA's Acquittal

By Cara Salvatore

California federal prosecutors' bribery case against a prosecutor, a businessman and an outside counsel collapsed after no defendant turned state's evidence and one even testified for the defense, showing the value of presenting a unified front, the winning lawyers said.

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Pentagon Panel To Review Wounded Knee Medals Of Honor

By Crystal Owens

The U.S. Department of Defense will evaluate about 20 Medals of Honor awarded after the 1890 Wounded Knee conflict in South Dakota to ensure that no U.S. Army soldier was recognized with the nation's highest military accolade for inconsistent conduct.

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Ninth Circ. Vacates, Remands BIA Sexual Misconduct Dispute

By Crystal Owens

The Ninth Circuit vacated and remanded a lower court's ruling that the Bureau of Indian Affairs isn't liable for the actions of one of its officers who sexually assaulted a Northern Cheyenne woman, saying conflicting statements create a factual dispute regarding whether the officer was acting within the scope of his employment.

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Justices Urged To Revisit FCC Fund After 5th Circ. Ruling

By Christopher Cole

Free-market groups asked the U.S. Supreme Court on Thursday to take another look at their challenge to the Federal Communications Commission's low-income and rural subsidy programs after the Fifth Circuit ruled the system was unconstitutional.

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Cable Group Says Funds May Cover Less Under BEAD Rules

By Nadia Dreid

The funds the Biden administration has put into the Broadband Equity, Access and Deployment Program should be enough to get most eligible locations connected if the National Telecommunications and Information Administration doesn't set any mandates on how much that service will cost after it's there, a cable trade group says.

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Pot Rescheduling Could 'Compromise' Transit Drug Testing

By Jonathan Capriel

Federal traffic investigators are urging the U.S. Drug Enforcement Administration to tread carefully should it move forward with rescheduling marijuana, saying any policy change must allow for drug testing of airline pilots, truck drivers and other "safety-sensitive" transportation jobs.

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Illinois Gov. Pritzker Touts State's Pot Law As Equity Model

By Sam Reisman

Illinois Gov. J.B. Pritzker on Thursday spoke to a conference of cannabis attorneys and touted his state's recreational marijuana market as a model for equity in business ownership and criminal justice reform that other jurisdictions could follow.

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Edible Cannabis Co. Can't Revive RFID Tag Case

By Daniel Ducassi

A Colorado state judge has said he won't let a company that makes edible cannabis continue to challenge the state's mandated use of radio frequency identification tracking tags, concluding that a senior enforcement official's statement at a rulemaking hearing was not a final action the company could appeal.

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Justice Kagan Floats Committee To Enforce High Court Ethics

By Dorothy Atkins

U.S. Supreme Court Justice Elena Kagan said Thursday that the high court "should" and "could" create a mechanism like a committee of lower-court judges to enforce a code of conduct, while acknowledging the "complications" in deciding who should be the enforcers.

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Dissecting Treasury's Call For Input On AI In Financial Sector

The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.

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The Rise Of State And Local Environmental Leadership

While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.

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Analysis

How Being A Female Litigator May Aid Harris' Presidential Bid

By Aebra Coe

Female litigators regularly confront implicit biases and double standards when it comes to "their appearance, voice, attire, demeanor and their advocacy," according to the author of an American Bar Foundation research report on first chair trial lawyers.

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'Terrible Decisions': Ex-McElroy Deutsch CFO Gets 5 Years

By Carla Baranauckas

McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer was sentenced Friday in a New Jersey state court to five years in prison and ordered to pay restitution for embezzling more than $1.5 million from the firm and failing to pay income tax.

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Analysis

How Barrett Became The High Court's Justice To Watch

By Katie Buehler

Justice Amy Coney Barrett has revealed a unique trifecta of caution toward overly broad opinions, devotion to the factual record and concern for the practical effects of court rulings that separates her from the other right-leaning justices and contains the potential to broker more moderate rulings in future terms.

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Cadwalader Suing Lloyd's Over Cyberattack Coverage Denial

By Lynn LaRowe

Cadwalader Wickersham & Taft LLP has filed suit against insurer Lloyd's of London in North Carolina state court, alleging the company has failed to reimburse the law firm for expenses related to a November 2022 data breach.

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Attys Face Sanctions For Fake Citations In Whistleblower Suit

By Rachel Rippetoe

A Virginia federal judge has asked lawyers representing a plaintiff in a whistleblower case to defend why they should not be sanctioned for including seemingly fabricated case sources in a brief objecting to a protective order, questioning whether it was a case of "ChatGPT run amok."

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Ex-Thompson Hine Atty Says Firm Can't Oppose NY Jurisdiction

By Xiumei Dong

Former Thompson Hine LLP income partner Rebecca Brazzano fired back at efforts by two firm partners to dismiss her lawsuit alleging sexual harassment, contending among other arguments that they waived their right to contest personal jurisdiction by filing another motion that attempts to force arbitration that didn't raise the jurisdiction issue.

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Cuomo Harassment Document Fight Heads To NY Appeals Court

By Rachel Scharf

A Manhattan judge on Friday allowed both the New York attorney general and former Gov. Andrew Cuomo to appeal parts of a decision requiring the state to produce unredacted transcripts of some witness interviews in the sexual harassment investigation that led to Cuomo's resignation.

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Rutgers Fights Contempt Bid By Student Who Filed Bias Suit

By Rose Krebs

Rutgers University wants a New Jersey state court to reject a bid by a law school student who filed a discrimination suit against it to hold the school in contempt for moving ahead with disciplinary measures against him, arguing there is "no basis" to grant the request.

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Law360's Legal Lions Of The Week

By Kevin Penton

Boyden Gray PLLC leads this week's edition of Law360 Legal Lions, after the full Fifth Circuit struck down as unconstitutional the Federal Communications Commission's system for subsidizing telecommunications service for rural and low-income users.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

What a news week! President Joe Biden started it off by announcing he would not seek re-election, but then said he would push for reform of the U.S. Supreme Court in his remaining time. And the Boeing Co. confirmed it has finalized its agreement with federal prosecutors to plead guilty to one count of criminal conspiracy to defraud, related to safety issues and two fatal plane crashes.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.

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Assa Abloy Resolves DOJ Merger Monitor Dispute

By Bryan Koenig

Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.

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Georgia Judge Won't Block Prosecutor Oversight Commission

By Kelcey Caulder

A Georgia judge has rejected an attempt to temporarily block a new state commission created to investigate and discipline state prosecutors, finding it doesn't violate Georgia's constitution.

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SEC Sues Banker And Ex-Prosecutor Alleging $1.6M Fraud

By Rae Ann Varona

A Georgia banker fraudulently bilked approximately $1.6 million from unsuspecting investors for "furs and furniture" and other expenses while a former Florida prosecutor ignored several red flags when holding on to the investments, the U.S. Securities and Exchange Commission told a Georgia federal court.

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Colorado's New Chief Justice Sworn In

By Daniel Ducassi

Chief Justice Monica M. Márquez started her three-year term leading the Colorado Supreme Court on Friday after being sworn in during a closed-door ceremony.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Girardi Can't Show Ex-CFO's Spending Habits In Fraud Trial

By Gina Kim

Jurors in Tom Girardi's upcoming fraud trial won't hear details about the spending habits of Girardi Keese's former CFO, who's accused of a "side fraud" that bilked millions without Girardi's knowledge, after a California federal judge agreed with prosecutors Friday that the evidence appears more prejudicial than probative.

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Hunter Biden's Attys Made 'False Statements,' Judge Says

By Bonnie Eslinger

The California federal judge overseeing Hunter Biden's criminal tax trial threatened to sanction the presidential son's lawyers Wednesday, saying they made "false statements" in a motion to dismiss that cited a Florida federal judge's order disqualifying the special prosecutor in Donald Trump's classified documents case.

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