Analysis

High Court Crafts Escape Hatch In Review Of Climate Torts

By Keith Goldberg

The U.S. Supreme Court on Monday agreed to determine whether a climate change lawsuit against fossil fuel companies can proceed in state court, but the justices also created a potential off-ramp by questioning whether they can actually hear the case.

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Justices Will Mull Future Of State Climate Torts

By Keith Goldberg

The U.S. Supreme Court is poised to determine the future of climate change tort litigation brought by state and local governments against fossil fuel companies, agreeing Monday to review whether a lawsuit against Exxon Mobil Corp. and Suncor Energy can proceed in state court.

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Analysis

How Greenberg Thinks Tariff Ruling Could Affect Dealmaking

By Al Barbarino

The U.S. Supreme Court's ruling invalidating IEEPA-based tariffs gave dealmakers clarity on how to pursue potential refund rights in mergers and acquisitions, but President Donald Trump's swift announcement of new global tariffs has immediately reintroduced dealmaking uncertainty.

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2nd Circ. Chief Judge To Take Senior Status

By Courtney Bublé

Chief Judge Debra Ann Livingston of the Second Circuit will take senior status over the summer, giving President Donald Trump another appellate seat to fill.

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Justices Won't Hear Appeal Based On Miranda Rights Hearing

By Phillip Bantz

The U.S. Supreme Court on Monday declined to hear an appeal from a sweepstakes machine business owner convicted of bribery who is seeking limits on law enforcement officers' ability to interrogate individuals detained during a search without first reading them their Miranda rights.

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Supreme Court Won't Review NRA's Qualified Immunity Case

By Jared Foretek

The U.S. Supreme Court on Monday let stand a Second Circuit ruling shielding a former New York regulator from personal liability for her campaign against the National Rifle Association, passing over a question on when obvious constitutional violations supersede qualified immunity.

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Justices Pass On Va. Voting Rights Restoration Case

By Marco Poggio

The U.S. Supreme Court on Monday declined to hear a challenge to Virginia's voting rights restoration system for people with felony convictions, leaving in place a Fourth Circuit decision that upheld the system as constitutional.

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'Wackadoo': 9th Circ. Awarding Stays 'Like Candy,' Judge Says

By Jeff Overley

The Ninth Circuit is defying U.S. Supreme Court precedent and supersizing its immigration docket by freely awarding lengthy deportation reprieves, according to a new dissent that described a "Wackadoo" realm where noncitizens can safely await "the next Democrat administration."

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NJ Justices Say Persistent Offender Law Needs Update

By Carla Baranauckas

The New Jersey Supreme Court ruled Monday that a judge's factfinding under the state's persistent-offender statute violated U.S. Supreme Court precedent but amounted to harmless error, reinstating a 42‑year sentence for sexual assault and urging lawmakers to rewrite the statute.

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ABA Says Trump Attacks On Justices Cross 'Dangerous Line'

By Bonnie Eslinger

The American Bar Association on Monday condemned President Donald Trump's "personal attacks" against U.S. Supreme Court justices after Friday's 6-3 decision struck a blow to his tariff policy, saying the remarks "cross a dangerous line that threatens the safety of the judiciary and our judicial process."

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Brief

Snow Delays Goldstein Deliberations Until Tuesday

By Jared Foretek

The jury in SCOTUSblog founder Thomas Goldstein's tax evasion trial won't be back to deliberate until Tuesday, after snow prompted courts in the District of Maryland to close Monday.

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JPMorgan Asks To Send Trump's $5B Debanking Suit To NY

By Jon Hill

JPMorgan Chase has formally requested to move President Donald Trump's $5 billion debanking lawsuit from Florida to New York federal court, arguing that the terms governing the president's now-closed accounts require the case to be litigated there.

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Debt Services Firm Challenges Connecticut Banking Penalties

By Aaron Keller

An Illinois company that provides administrative services to debt adjusters has sued the Connecticut Department of Banking, challenging an administrative order to make restitution to Constitution State customers and potentially pay up to $100,000 for each alleged violation of debt adjustment and money transmission licensing rules.

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Banking Orgs. Silent On Trump Family-Tied Crypto Charter Bid

By Aislinn Keely

Two banking industry groups that publicly opposed applications from at least eight crypto firms seeking national trust charters did not weigh in on a similar bid from the Trump-family tied crypto business World Liberty Financial, while public advocacy group commenters blasted the WLF application as being riddled with conflicts.

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Xcel Energy Will Replace Utility Poles After Historic Wildfire

By Spencer Brewer

Xcel Energy has agreed to replace damaged and dilapidated utility poles to settle Texas Attorney General Ken Paxton's suit accusing the energy company of causing the largest wildfire in recorded Texas history.

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States Back Challenge To IRS Nix Of Wind, Solar Safe Harbor

By Asha Glover

Sixteen Democratic-led states are backing a legal challenge to an Internal Revenue Service notice eliminating a safe harbor test that large wind and solar projects could use to qualify for clean energy tax credits.

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DC Circ. Talks Sharks, Moats In Vertex HHS Kickback Appeal

By Nadia Dreid

Sharks and moats were top of mind Monday morning for one judge on the D.C. Circuit, as gene therapy drugmaker Vertex Pharmaceuticals attempted to convince the court that its fertility preservation program does not violate the Anti-Kickback Statute.

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Feds Point To 8th Circ. In Sinclair Station Takeover OK

By Nadia Dreid

Sinclair Inc. has gotten the go ahead to proceed with the acquisition of three television stations in Michigan and New York that it previously would have been barred from buying under long-standing FCC media ownership rules that were recently struck down by the Eighth Circuit.

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Chemical Co. PQ Contaminated Port Of Tacoma, Suit Says

By Ben Adlin

The Port of Tacoma has sued Pennsylvania chemical company PQ LLC for millions of dollars in cleanup costs, going to Washington federal court to hold the business liable for contamination from a now-shuttered manufacturing and processing plant.

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Calif. Housing Law Challenge Won't Go Before High Court

By Nate Beck

The U.S. Supreme Court on Monday declined a petition to review Huntington Beach's challenge to California laws requiring the city to build high-density housing despite the objections of local officials.

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Justices Won't Hear Challenge To Minn. Union Meeting Ban

By Emily Brill

Mandatory anti-union meetings will continue to be illegal in Minnesota, as the U.S. Supreme Court said Monday that it won't resurrect an employer group's challenge to the ban.

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Union's Case Cite Can't End NJ Bias Claim, Court Told

By Carla Baranauckas

New Jersey's acting attorney general told a state judge Friday that Ironworkers Local 11's bid to inject a new federal ruling into a discrimination case falls flat, arguing in a letter that the union's reliance on the decision misfires because the opinion doesn't address state law discrimination or alter the analysis set forth by applicable U.S. Supreme Court precedent.

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Union Urges Court To Undo DOL Farm Wage Survey Results

By Ganesh Setty

A farmworkers union has pressed a Washington federal court to reject the U.S. Department of Labor's approval of a wage survey meant to help determine foreign seasonal worker compensation, arguing it entails a "windfall" for growers at domestic farmworkers' expense. 

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FTC, DOJ Mulling New Competitor Collaboration Guidelines

By Matthew Perlman

The U.S. Department of Justice and Federal Trade Commission said Monday that enforcers are planning to issue new antitrust guidelines for collaborations among competitors after the previous administration pulled guidance that had been in place for more than 20 years.

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Live Nation Wants To Appeal DOJ Antitrust Case Now

By Matthew Perlman

Live Nation Entertainment Inc. is asking a New York federal court for permission to immediately appeal last week's ruling that teed up several claims for trial early next month in the monopolization case being brought by the U.S. Department of Justice and state enforcers.

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Justices Deny Review Of Consultancy's $5M SBA Loan Suit

By Elaine Briseño

The U.S. Supreme Court on Monday let stand a lower court ruling that found a risk management firm's $5 million loan did not qualify for debt relief from the U.S. Small Business Administration during the COVID-19 pandemic.

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NY Pitches Pay-Later Oversight Rules, Borrower Protections

By Jon Hill

Buy-now-pay-later providers in New York would face new licensing and supervision requirements, consumer disclosure standards, fee limits and other restrictions under draft rules unveiled Monday by the state's financial services regulator.

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Tenant Screener Didn't Hinder Disabled Man, 2nd Circ. Says

By Brian Steele

A company that screens potential tenants' criminal and credit histories on behalf of landlords cannot be held liable under the Fair Housing Act for blocking a disabled man from moving in with his mother because it did not actually make the housing decision, a Second Circuit panel held in a precedent-setting opinion.

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Fla. Biologist Fired Over Kirk Parody Seeks Reinstatement

By David Minsky

A biologist has asked a Florida federal court to restore her state agency position after she was fired for sharing a post making fun of Charlie Kirk on social media, arguing the First Amendment allows free speech on public topics that have nothing to do with her job.

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Calif. Cities Sue Feds Over Grant Conditions Tied To DEI

By Gina Kim

Several cities and counties in California and Oregon have sued the federal government in California federal court, alleging the Trump administration is conditioning federal grants on recipients abandoning the promotion of diversity, equity and inclusion or "gender ideology," which could leave them with the untenable choice of forgoing critical funds.

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FedEx, Bausch, Other Cos. Join Race For Tariff Refunds

By Lauren Berg

FedEx, Bausch & Lomb and L'Oreal are among the companies that raced to the U.S. Court of International Trade on Monday seeking full refunds of the trade duties they paid as a result of the 2025 tariffs that President Donald Trump illegally imposed under the International Emergency Economic Powers Act.

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EU Lawmakers Delay Vote On US Trade Deal Amid Uncertainty

By Kevin Pinner

The European Parliament agreed Monday to postpone a vote on the bloc's trade deal with the U.S. as lawmakers were unclear on whether new tariffs violate its terms, though the White House told Law360 the levies won't breach the agreed maximum rate on the European Union.

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Trade Court OKs Reversed Taiwan Tire Duty Decision

By Jack McLoone

The U.S. Court of International Trade said the Department of Commerce has fixed a previously faulty ruling exempting a Taiwanese exporter's spare tires from an antidumping order, with the trade court sustaining a new determination finding the tires are in-scope.

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Senate Dems Aim To Require Refunds Of Illegal Trump Tariffs

By Dylan Moroses

Senate Democratic lawmakers introduced legislation Monday to require the federal government to issue refunds to importers for duties paid that were imposed by President Donald Trump under the International Emergency Economic Powers Act, following the U.S. Supreme Court's ruling deeming those measures unlawful.

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Brief

US Customs Stops Collecting Tariffs Starting Tuesday

By Dylan Moroses

U.S. Customs and Border Protection will stop collecting the tariffs President Donald Trump illegally imposed under the International Emergency Economic Powers Act beginning at midnight Tuesday, according to guidance sent late Sunday.

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IRS Updates Timeline On Retirement Plan Min. Distributions

By Anna Scott Farrell

The Internal Revenue Service updated its guidance Monday on the timing of required minimum distributions from several types of individual retirement accounts that were amended by a 2022 retirement savings law.

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NM Legislators OK Property Tax To Pay Bonds, Interest, Costs

By Zak Kostro

New Mexico would authorize the imposition of a property tax to repay principal, interest and costs for state-issued bonds under a bill unanimously approved by state lawmakers and headed to the governor.

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Judge Holds Firm On Blocking Bid To End Haitian TPS

By Jared Foretek

A D.C. federal judge on Monday declined to stay her decision blocking the Trump administration from terminating Temporary Protected Status for Haitians, writing that the government has "no legitimate interest in enforcing a likely unlawful Termination."

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ICE Atty Whistleblower Rips 'Broken' Agent Training Program

By Dorothy Atkins

An ex-U.S. Immigration and Customs Enforcement attorney testified before a Senate committee Monday that he recently resigned so he could blow the whistle on ICE-officer training cuts amid its hiring surge, slamming the truncated program for being "deficient, defective and broken" and accusing supervisors of secretly pushing "blatantly" unconstitutional orders.

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W.Va. Judge Says Masked ICE Arrest Was Unconstitutional

By Tom Lotshaw

A West Virginia federal judge ordered the Trump administration to release a detained El Salvadoran man, ruling the government violated his rights by allowing masked agents to arrest him and then keeping him in its custody without a bond hearing.

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1st Circ. Says Gov't Challenge To Due Process Order Can Wait

By Julie Manganis

The Trump administration's challenge to an already-stayed Massachusetts district judge's order requiring notice and due process for noncitizens facing removal to countries where they have no prior ties was terminated by the First Circuit on Friday, with the court saying it makes more sense to wait for an appeal based on the merits of the case.

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Judge Blocks Release Of Mar-A-Lago Classified Docs Report

By Carolina Bolado

A Florida federal judge on Monday blocked the release of former special counsel Jack Smith's final report in the criminal case against President Donald Trump over his handling of classified documents at Mar-a-Lago, finding that releasing the report would violate prior orders.

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Feds Look To Nix Tribes' $23B Boarding School Dispute

By Crystal Owens

The Interior Department is seeking to dismiss a proposed class action that would require the U.S. to account for how much of an estimated $23 billion spent on past Indian boarding school programs was tribal money, saying there is no law that requires it to undertake such an effort.

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Alaskan Village Asks Court To Block BLM Land Decision

By Jared Foretek

Native villagers near Teshekpuk Lake in Alaska are asking a D.C. federal judge to block the termination of their right-of-way over lands around the lake by the U.S. Bureau of Land Management, claiming that the move would strip the village's property rights without due process.

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Wash. Ranch Asks High Court To Undo Tribal Immunity Order

By Crystal Owens

A Washington cattle ranch is asking the U.S. Supreme Court to reverse an order that dismissed its challenge over rights to a parcel of land along the Stillaguamish River, arguing that the immovable-property rule's application to tribal sovereign immunity is an issue of federal law that should be settled.

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Tribe Says Poll Shows Ariz. Voters Oppose Copper Mine

By Joyce Hanson

The San Carlos Apache Tribe says a poll released by the Center for Biological Diversity shows that Arizona voters oppose Resolution Copper Mining LLC's proposed mine, which would transfer approximately 2,500 acres within the state's Tonto National Forest to the company.

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FirstNet Renewal Gains Backing From Slew Of Groups

By Christopher Cole

More than 70 emergency response groups are backing plans for a congressional re-up of the First Responder Network Authority ahead of its slated sunset a year from now, the bill's supporters said Monday.

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NM Lawmakers Clear Bill To Tamp Down Broadband Cost

By Christopher Cole

New Mexico legislators have passed a measure to reduce the cost of broadband connectivity for low-income residents through a state-run fund for universal telecom service.

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Justices Decline Cannabis Dormant Commerce Clause Case

By Sam Reisman

The U.S. Supreme Court on Monday declined to review a case asking it to consider whether Maryland's marijuana social equity licensing program unconstitutionally discriminated against out-of-state entrepreneurs.

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RI Officials Seek Dismissal Of Cannabis Licensing Suit

By Mike Curley

Rhode Island's state cannabis regulator is urging a federal court to throw out a suit challenging its social equity licensing scheme, saying the plaintiff lacks standing because his application was not denied for the reasons he's challenging.

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Hemp Seller Says Virgin Islands Illegally Took Hemp

By Mike Curley

A hemp retailer is suing the U.S. government and agencies of the U.S. Virgin Islands in federal court, alleging that they raided the retailer and seized hemp products without a warrant and despite the products being legal at the time.

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Amherst Residential Legal Head Joins Morgan Lewis In DC

By Jack Rodgers

The former head of legal at The Amherst Group's residential affiliate has joined Morgan Lewis & Bockius LLP as a partner in its Washington, D.C., office, where he will focus on securitization, asset management and corporate finance legal matters, the firm announced Monday.

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How New HSR Thresholds, Fees Could Affect Enforcement

While the Federal Trade Commission's new thresholds and filing fees for the Hart-Scott-Rodino Antitrust Improvements Act are not expected to materially affect the number of required HSR filings, or the percentage or focus of second requests, increased filing fees may give agencies dedicated resources to bring enforcement actions, say attorneys at Sidley.

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The Challenges Of Detecting Event Contract Manipulation

While concerns about possible manipulation and insider trading in event contracts have increasingly been raised by market observers, distinguishing a speculative position from a hedge and effective surveillance make regulation difficult, particularly as the U.S. Commodity Futures Trading Commission argues for exclusive jurisdiction to do so, say economic consultants at the Brattle Group.

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How US Liability Law Is Becoming The Primary Regulator Of AI

Comprehensive federal AI regulation remains fragmented and uncertain — but U.S. courts, applying long-standing doctrines of liability and responsibility, are actively shaping how AI systems are designed, deployed and governed, and companies are aligning their AI practices because courts may hold them accountable if they do not, says Alexander Lima at Wesco International.

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The Law Firm Merger Diaries: Leadership Strategy After Day 1

For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

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How To Turn EU AI Act Disclosures Into Patent Assets

As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.

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Analysis

Feds' White Collar Crime Enforcement 'Retreat' Raises Alarms

By Phillip Bantz

Money laundering-related fines and tax fraud investigations plummeted last year as President Donald Trump shifted federal agents away from combating financial crime to focus on the immigration crackdown, according to recent reports that have raised alarms among experts about the state of white collar enforcement in the U.S.

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Mich. Federal Judge On Leave Amid Drunk-Driving Charges

By Carolyn Muyskens

A Michigan federal judge is taking a voluntary leave of absence while awaiting resolution of drunk-driving charges.

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10th, 5th Circ. Stalwarts Step Back From Bench

By Jared Foretek

U.S. Circuit Judge Timothy Tymkovich has announced that he'll take senior status from his seat on the Tenth Circuit, just a day after U.S. Circuit Judge James L. Dennis said he'd step down from the Fifth Circuit.

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Brief

ABA Mulls Repeal Of Embattled Law School DEI Standards

By Emily Sawicki

The American Bar Association's Council of the Section of Legal Education and Admissions to the Bar has voted to move forward with a plan to repeal its diversity and inclusion standards for law schools, which have been suspended since last February amid the White House crackdown on DEI initiatives.

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9th Circ. Grants Atty Fee Appeal In Eye Drop Pricing Suit

By Rae Ann Varona

District courts cannot reduce fee awards to attorneys based on a firm's size, the Ninth Circuit ruled in a published opinion Tuesday, sending a case back to a California federal court to recalculate attorney fees awarded to a "small" firm that represented wholesalers in a Robinson-Patman Act suit against eye drop manufacturers.

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ACLU Says Justices' Tariffs Ruling Dooms ICE No Bond Policy

By Tom Lotshaw

A U.S. Supreme Court ruling curbing President Donald Trump's authority to impose tariffs also undercuts the administration's sweeping assertion that it can subject all noncitizens to mandatory detention during removal proceedings, the American Civil Liberties Union told the Eighth Circuit.

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Analysis

Tariff-Related Disputes May Go Beyond Just Refunds

By Caroline Simson

In addition to the likely chaotic refund process to follow last week's bombshell U.S. Supreme Court ruling striking down the Trump administration's broad tariff regime, the decision could also result in a wide range of private commercial disputes, and possibly even investment treaty claims against the U.S.

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SEC Lays Out New Enforcement Vision In Revised Guidelines

By Jessica Corso

The U.S. Securities and Exchange Commission on Tuesday updated its enforcement manual for the first time in eight years, saying that the changes were part of an effort to build a fairer and more transparent investigative process.

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SDNY's New Self-Report Policy Eases Path To Declinations

By Stewart Bishop

Manhattan federal prosecutors on Tuesday unveiled a new business-friendly corporate criminal enforcement policy for companies that promptly self-report financial crimes, promising declinations and no fines or monitors for eligible companies that turn themselves in.

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Key Details To Know As Judiciary Rules Face Decisive Votes

By Jeff Overley

Judiciary panels are poised for pivotal votes on controversial rules governing wide-ranging topics — from the age-old and analog to the newfangled and high-tech — after a six-month stretch of public hearings and trade group mobilization climaxed with an influx of impassioned opinions.

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Judiciary Seeks Control Over Courthouse Maintenance

By Courtney Bublé

The federal judiciary says courthouses are in "crisis," with an $8.3 billion backlog in maintenance, and on Tuesday repeated its request to Congress for the direct authority to maintain the buildings.

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