Analysis

5 Circuit Splits To Watch At The High Court

By Katie Buehler

The U.S. Supreme Court has been deciding fewer and fewer cases over the past three decades, with its caseload reaching a historic low just last term. While attorneys believe several factors have contributed to that trend, they say one of the most consequential is the court's apparent declining interest in resolving circuit splits. 

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White House Must Restore Press Passes To CNN, Others

By Jared Foretek

A D.C. federal judge ordered the White House to immediately reinstate White House access for CNN, Politico and MS Now on Thursday morning, writing that the outlets were likely to succeed in claiming that their abrupt ban from the building last week violated their Fifth Amendment procedural due process rights.

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Trump Admin Asks Justices To Allow 3rd-Country Removals

By Rae Ann Varona

The Trump administration Thursday urged the U.S. Supreme Court to let it continue deporting migrants to countries other than their native country, saying a district court's order that found the government's policy on third-country removals unlawful is "fundamentally flawed."

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Sen. Hyde-Smith's Opponent Seeks Blue-Slip Transparency

By Courtney Bublé

Four years ago, Scott Colom — the son of the first African American elected to the chancery bench in her region of Mississippi — was nominated for a federal judgeship. Now he's running for Senate against the senator who blocked his confirmation.

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New Eastern La. Judge's 5th Circ. Bid Goes To Full Senate

By Courtney Bublé

U.S. District Judge Anna St. John of the Eastern District of Louisiana, who was confirmed to her current post in March, is one step closer to being elevated to the federal appeals bench.

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Justices Block Missouri's New Midterm Map In Loss For GOP

By Jeff Overley and Katie Buehler

The U.S. Supreme Court late Friday barred Missouri from using in its impending midterm elections a newly redrawn congressional map that would favor Republicans, rejecting the Eighth Circuit's restoration of revised boundaries and likely ending a litigation whirlwind that reached the justices thrice this month.

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Nonprofits, Voters Seek To Stymie NC's New Mail Ballot Rules

By Hayley Fowler

Nonprofit groups and two voters are asking a North Carolina federal judge to block the Tar Heel State's new mail-in ballot restrictions ahead of the November midterm elections, saying the rules threaten to disenfranchise eligible voters over "innocuous, technical errors."

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CFTC Allows Tokenized Investments, Blockchain Records

By Aislinn Keely

The U.S. Commodity Futures Trading Commission updated crypto guidance on Thursday to note that registrants can invest customer funds in tokenized versions of otherwise permitted investments and use blockchain tech to meet recordkeeping requirements.

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Fed Pitches Stablecoin Issuer Rules In Latest Genius Act Push

By Jon Hill

The Federal Reserve Board on Thursday proposed rules to set key prudential standards and other guardrails for stablecoin issuers under its oversight, rounding out an initial phase of rulemaking at the federal banking agencies to implement the U.S. stablecoin law known as the Genius Act.

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EPA Cuts Deal To Partially Settle U. Of Calif. Grant Fight

By Dorothy Atkins

University of California researchers urged a California federal judge Wednesday to preliminarily sign off on their proposed deal to resolve claims against the U.S. Environmental Protection Agency in broader litigation challenging the Trump administration's termination of thousands of UC grants.

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Texas Utility Commission Looks To Quash Coal Subpoena

By Matthew Perlman

The Public Utility Commission of Texas is pushing back against a subpoena issued by BlackRock in a suit from Republican state attorneys general accusing asset managers of driving up coal prices by pressuring producers to lower their output to meet emission reduction goals.

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FDA Nom Says Vaccines Safe, Won't Call IUDs Birth Control

By Nadia Dreid

President Donald Trump's nominee to lead the U.S. Food and Drug Administration faced a Senate committee Thursday morning, where she affirmed the safety of vaccines when pressed but refused to directly contradict the president's false claim that the measles vaccine could be "quite lethal," and declined to affirm that IUDs are birth control and not abortifacients.

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Squires Undoes 2024 PTAB Invalidation Of EagleView Patent

By Adam Lidgett

U.S. Patent and Trademark Office Director John Squires has thrown out a two-year-old Patent Trial and Appeal Board decision that found claims in an EagleView Technologies patent on measuring roofs to be invalid.

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Issa Copyright Bill Looks To Combat Foreign Website Piracy

By Elliot Weld

A California lawmaker has introduced a bill that would allow U.S.-based copyright holders to seek federal court declarations that foreign websites are engaged in copyright piracy and then to have the sites blocked in the U.S.

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Squires Grants 5 Patent Review Bids, Rejects 6 Others

By Ryan Davis

In his latest round of decisions, U.S. Patent and Trademark Office Director John Squires has granted five petitions seeking reviews of patents, while turning down six other requests: three for discretionary reasons and three on the merits.

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TikTok Loses Bid To Trim Kids' Data Privacy Suit In Calif.

By Rae Ann Varona

A California federal judge on Thursday refused TikTok's bid to trim claims from a proposed class action alleging that the platform exploits the private information of users under 13, saying at a hearing that the question of whether previous TikTok settlements bar the plaintiffs' claims should be saved for later.

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Colo. Appeals Court Revives Town's Concert Easement Bid

By Zach Dupont

The Colorado Court of Appeals reversed the dismissal of a mountain town's case seeking condemnation of an easement over a concert series after finding the lower court incorrectly applied the condemnation statute and didn't allow for an ample record to be made before ruling.

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Ga. Appeals Court Gives Woman 2nd Shot In Carport Fight

By Kelcey Caulder

The Georgia Court of Appeals said Thursday a trial court should not have dismissed a woman's petition seeking review of an Atlanta Urban Design Commission decision for lack of standing, giving the woman another shot at stopping a neighbor from building a carport.

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Ill. Justices Mull Closed Arb. For Chicago Police Misconduct

By Celeste Bott

Illinois Supreme Court justices wrestled Thursday with whether the city of Chicago's history of publicly adjudicating allegations of the most serious police misconduct can establish a statewide public policy requiring open proceedings, while questioning a city police union on why transparency and promoting trust in law enforcement don't justify public attendance.

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Trump's Antitrust Pick Advances Amid Independence Worries

By Courtney Bublé

President Donald Trump's pick to lead the antitrust division at the U.S. Department of Justice advanced to the Senate floor on Thursday, despite Democratic concerns about agency independence.

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Paramount Judge Won't 'Rubber Stamp' States' Merger Deal

By Dorothy Atkins

A California federal judge questioned state enforcers Thursday about the details of their proposed settlement to resolve antitrust litigation challenging Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery, telling counsel, "The court isn't a rubber stamp," and "I've got questions, and I'm not the only one."

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AGs Push Congress To Regulate AI But Not Preempt State Laws

By Brian Steele

Nearly half the attorneys general in the United States implored Congress in a letter Thursday to "immediately" regulate the artificial intelligence industry and prohibit federal action from preempting state laws, telling U.S. House and Senate leaders that national security is at stake.

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Bipartisan Senate Bill Aims To Tighten Telecom Cybersecurity

By Christopher Cole

A bipartisan Senate bill filed Thursday would aim to ramp up cybersecurity in the telecom industry by creating a system for providers and suppliers to voluntarily certify that they meet security standards.

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Judge Dubious Of DOJ Offer On Harvard Admissions Data

By Julie Manganis

A Massachusetts federal judge appeared skeptical Thursday of assertions by a Trump administration lawyer that the government was always willing to negotiate with Harvard University before bringing a lawsuit seeking a decade's worth of admissions data for hundreds of thousands of applicants.

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Borrowers Sue Ed. Dept. Over 'Plain Wrong' Credit Reporting

By Jon Hill

Student loan borrowers Thursday sued the U.S. Department of Education in Washington, D.C., federal court, alleging it has tarnished hundreds of thousands of consumer credit histories by falsely reporting billions of dollars in discharged loans as still outstanding.

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Grammarly Owner Sued Over 'Last Chance' Discount Emails

By Corey Rothauser

The company behind Grammarly has been hit with a proposed class action in Washington state court alleging it sent marketing emails that falsely warned customers discounts were about to expire, then extended the sales or offered similar deals soon afterward.

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Bid For Conn. High Court Help Turned Down By PFAS Judge

By Jonathan Capriel

A Connecticut federal judge has, for now, declined a request seeking to ask the state's high court to determine whether state law allows for a medical monitoring remedy for firefighters who suffered forever-chemicals exposure from their protective gear that was manufactured with chemicals provided by 3M, DuPont and others.

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CIT Judge Threatens Sanctions Over Possible Hallucinations

By Jack McLoone

A U.S. Court of International Trade judge ordered a Chinese company and its counsel to explain, under threat of sanctions, the inclusion of "outlandish" and possibly hallucinated claims in its challenge of an antidumping duty on boom lifts and other mobile access equipment.

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CIT OKs No Redo With New Rates For Chinese Wood Imports

By Jack McLoone

The U.S. Department of Commerce was right to determine that even though it changed the duty rates for two Chinese companies' wood millwork exports to the U.S., it and the U.S. Court of International Trade can't order reliquidation, a judge found.

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Maryland Judge Sends CarMax Investor's Tariff Suit to Virginia

By Katryna Perera

An investor suit accusing CarMax Inc. of mischaracterizing a sales bump prior to the Trump administration's tariffs as a sign of sustainable growth has been transferred to Virginia by a Maryland federal judge.

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DC Circ. Questions Panhandle's Claim To Excess Tax Funds

By Aneeta Mathur-Ashton

A D.C. Circuit judge questioned whether Panhandle Eastern Pipe Line should be allowed to pocket excess sums collected under its income tax allowance from prior years that were placed in a separate account for accumulated deferred income taxes.

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Ind. Tax Court Rules Nestle Facility Accurately Assessed

By Michael Nunes

A Nestle facility in Indiana was correctly assessed from 2018 through 2023 at roughly $50 million, the state tax court said, rejecting the company's claim that the state tax board failed to properly consider its own appraisal.

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Judge Probes States' Standing In Temporary Aid Privacy Fight

By Jared Foretek

A D.C. federal judge Thursday pressed Democratic-led states on their standing to challenge a new Trump administration policy allowing disclosure of the immigration status and Social Security numbers of temporary financial assistance recipients to federal authorities, but appeared to think the merit of the challenge is strong.

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Immigrant Detainees Face 5th Circ. Doubts On Bond Hearings

By Spencer Brewer

The full Fifth Circuit peppered detained unauthorized immigrants with questions about the constitutionality of bond hearings for pending immigration proceedings, with several judges suggesting Thursday they didn't think immigrants who "evade detention" should get to walk free in the country.

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Colo. Seeks Toss Of ICE Contractor's Inspection Law Suit

By Ganesh Setty

The Colorado attorney general and state health officials are defending a new state health inspection law governing an immigration detention center in Aurora, urging a Colorado federal court to toss much of The GEO Group Inc.'s lawsuit challenging the law's constitutionality.

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FIU Students' Suit Over ICE Protest May Be Mooted

By Carolina Bolado

A lawsuit by Florida International University students against administrators who disciplined them for protesting against federal immigration enforcement tactics may soon be moot, a lawyer for the university told a Florida federal judge Thursday.

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Congressional Probes Raise Legal, 'Reputational' Risks

By Phillip Bantz

An array of companies and executives may face investigations over their dealings with the Trump administration if Democrats take control of Congress, raising the possibility that some may refuse to comply. But experts say holding out hope for a mass pardon or expecting the Justice Department not to pursue contempt charges is a risky bet.

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$16M Note Leads To Fraud Charges For Booted Housing Boss

By Aaron Keller

The former executive director of two Connecticut housing authorities pled not guilty Thursday to five counts of wire fraud and four counts alleging illegal money transactions after prosecutors accused him of pocketing about $824,000 from a loan tied to a $16.2 million promissory note.

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Ex-Ill. Prosecutor Wants In On ICE Protest Sanctions Fight

By Celeste Bott

The former federal prosecutor at the center of alleged grand jury misconduct in a now-dismissed criminal conspiracy case against a group of anti-ICE protesters has said she should be heard in any sanctions proceeding or further contempt probe that may be ordered, as pending motions for both put her "professional conduct and integrity squarely before the court."

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Feds Fight Bid To DQ Top LA Prosecutor After 9th Circ. Ruling

By Parker Quinlan

The top federal prosecutor in the Central District of California has asked a district judge to delay following a Ninth Circuit ruling against his Nevada counterpart that would bar him from overseeing criminal cases until the U.S. Supreme Court weighs in.

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Pipeline Groups Say Enbridge Ruling Weakens Tribal Deals

By Corey Rothauser

Two oil and gas industry groups have urged the Seventh Circuit to reconsider part of its ruling that Enbridge Energy is trespassing on Wisconsin tribal lands, arguing that the decision could make long-term pipeline agreements with tribes less reliable.

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Cayuga Tribe Fights to Keep Caesars Sports Betting Suit Alive

By Crystal Owens

The Cayuga Nation is asking a district court to reject a bid by Caesars Sportsbook to dismiss the tribe's lawsuit, arguing that the gambling giant's arguments largely rest on a misplaced premise that its New York gambling license allows it to accept wagers from every location within the state.

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FCC Warns Broadcasters To Comply With Renewal Guidelines

By Aneeta Mathur-Ashton

The Federal Communications Commission has warned broadcast licensees to comply with renewal processing guidelines, but nevertheless directed the Media Bureau to process five pending applications that failed to prepare their compliance records properly.

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Times Square Pot Shop Says Lender Broke NY Law

By Jonathan Capriel

The owner of marijuana dispensary The Daily Green in New York's Times Square is asking a state court to free him from a predatory and illegal loan that required his cannabis license as collateral, saying the lender is demanding $45 million, almost 10 times what he borrowed, and plans to auction off control of the shop to get it.

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Cannabis Retailer Says Long Island Town's Rule Preempted

By Jonathan Capriel

Another town on Long Island, New York, is accused of weaponizing its zoning laws in an effort to shutter a state-licensed marijuana shop, according to a lawsuit that claims the municipality's cannabis-specific rules are preempted by state law.

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Holland & Knight Hires Defense Lobbyist As Partner In DC

By Jack Rodgers

A former U.S. Department of Defense senior official, who has more than 15 years of national security, economic security and government affairs experience as an attorney, lobbyist, regulator and diplomat, has joined Holland & Knight LLP, the firm recently announced.

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FCC Robotics Restrictions Raise AI Compliance Risks

A recent "covered list" update from the Federal Communications Commission places restrictions on foreign-produced advanced robotic devices’ ability to obtain new authorizations, creating a framework that is poorly suited to continuous artificial intelligence updates, and raising several transactional and contractual challenges, says Kim Larsen at Stinson.

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Series

Playing Bid Whist Makes Me A Better Lawyer

As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

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Litigation Spending To Keep Climbing While Biz Risks Mount

By Ryan Boysen

Big companies will increase their litigation budgets yet again next year, as navigating legal risk is now an essential element of achieving strategic business goals, according to a new report.

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Seyfarth Failed To Guard Client Data From Hack, Suit Alleges

By Lauren Berg

Seyfarth Shaw LLP on Thursday was hit with a proposed class action in Illinois federal court accusing it of failing to protect its current and former clients' personal information after the Chicago-based law firm this month disclosed a recent data breach.

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PACER Experiences Outages Of Some Court Dockets

By Matt Perez

PACER, the online public repository of federal court documents, experienced technical errors on Wednesday and Thursday preventing some users from accessing certain court dockets.

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Fla. Judge To Get Reprimand For Remark On Shooting Attys

By Madison Arnold

The Florida Supreme Court on Thursday ordered a public reprimand of a state district court judge for "intemperate and caustic" comments about shooting attorneys during a hearing.

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Ed. Dept. Committee Sidesteps ABA Accreditation Issue

By Ryan Boysen

A key U.S. Department of Education committee on Thursday declined to weigh in on whether an American Bar Association council should remain a federally recognized accreditor of law schools, a day after the panel deadlocked on different proposals over the hot-button issue.

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