Analysis

Employers See Moving Targets With H-1B Fee, And New Limits

By Britain Eakin

The Trump administration on Friday ordered federal agencies to scrutinize H-1B employers that have laid off U.S. workers, adding another layer of uncertainty for employers seeking to recruit highly skilled foreign workers.

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Analysis

AI 'Brainrot' Fight Tests Copyright, TM Reach Of Viral Memes

By Ivan Moreno

A bat-wielding wooden drum named Tung Tung Sahur is raising questions Mickey Mouse, Godzilla and James Bond never posed: Can a "brainrot" character created using artificial intelligence be protected by copyright, and can it later function as a trademark if it went viral before anyone used it as a brand?

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Analysis

Keeping Google Ad Tech Biz Intact 'Not A Close Call'

By Bryan Koenig

The Justice Department Antitrust Division and Federal Trade Commission are now 0-3 in their efforts to break up major technology companies, and with monopolization trials still ahead against Amazon.com and Apple, observers say a Virginia federal judge's newly unsealed ruling underscores the legal and practical difficulties of those efforts.

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Analysis

USDA Disclosure Rule Could Snag Energy Project Deals

By Keith Goldberg

Energy infrastructure projects could be subject to sweeping foreign ownership disclosure requirements under a proposed rule from the U.S. Department of Agriculture, injecting more uncertainty into acquisition, investment and development deals.

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Analysis

Attys 'Itching' To Join Congressional Probes Of Trump Admin

By Phillip Bantz

Efforts to recruit high-powered lawyers to Capitol Hill to potentially lead congressional committee probes into the various dealings of President Donald Trump's administration are gaining momentum as Democrats push to retake control of Congress in the quickly approaching midterm elections.

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3rd Circ. Refuses To Pause Daniel's Law Cases Amid Appeal

By Carla Baranauckas

The Third Circuit on Friday refused to pause discovery in consolidated litigation accusing data brokers of violating New Jersey's judicial privacy statute, known as Daniel's Law, while it considers a First Amendment challenge to the statute.

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1st Circ. Backs Notice Requirement For 3rd-Country Removals

By Julie Manganis

The First Circuit on Friday largely rejected the Trump administration's challenge to limits on its so-called third country removal policy, leaving in place a lower court's order requiring deportees to be given advance notice and a meaningful opportunity to challenge a destination where they may face persecution or torture.

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4th Circ. Punts Decision On Forcing FCC Political Ad Ruling

By Christopher Cole

The Fourth Circuit deferred action Friday on a request from Democrats to force a Federal Communications Commission ruling on whether broadcasters have to charge the lowest broadcast ad rates for political committees tied to candidates.

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9th Circ. Decertifies Class Of Ore. Transgender Prisoners

By Parker Quinlan

The Ninth Circuit has reversed class certification for a group of transgender incarcerated people, finding that they had not shown that the Oregon Department of Corrections has systemically targeted trans women by housing them in male-only facilities.

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Judge Questions Whether 'Lawfare' Fund Fight Is Really Moot

By Jared Foretek

A Virginia federal judge seemed unlikely to toss a challenge to the Trump administration's nixed "Anti-Weaponization Fund" and tax audit immunity for the Trump family Friday, saying she worries the fund could be revived in a different form down the road.

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Chief US District Judge In SC To Take Senior Status Oct. 1

By Courtney Bublé

Chief U.S. District Judge Timothy Cain of the District of South Carolina has informed the president that he will be taking semiretired status on Oct. 1, according to an update posted Friday by the federal judiciary.

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3rd Circ. Says SBA Can Deny Excess PPP Loan Forgiveness

By Carla Baranauckas

A New Jersey car dealership that exceeded the federal limit on Paycheck Protection Program loans early in the COVID-19 pandemic is not entitled to partial loan forgiveness, the Third Circuit ruled Friday, holding that the Small Business Administration acted within its authority when it denied the company's relief bid.

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South Dakota Voting Notice Bid Moot After State Fixes

By Corey Rothauser

A South Dakota federal judge on Friday denied as moot a League of Women Voters bid to force state election officials to correct inaccurate notices sent to new registrants limited to voting in federal elections, finding that the secretary of state adopted every change the challengers requested and is unlikely to reverse course before the November election.

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CFTC Sends Crypto Rules To White House After Bill Stalls

By Aislinn Keely

The U.S. Commodity Futures Trading Commission sent a crypto rule proposal to the White House for review, pushing forward with plans to craft a regulatory framework for digital assets after a landmark bill failed to advance in the U.S. Senate.

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Fed 'Risk Aversion' Contributed To SVB's Failure, Report Says

By Jon Hill

A "culture of risk aversion" and diffusion of decision-making among Federal Reserve supervisory staff, not deregulation or social media chatter, contributed to the 2023 collapse of Silicon Valley Bank, according to initial findings from a new post-mortem review.

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NJ Seeks Quick Win On TikTok's Money Transfers

By Joyce Hanson

New Jersey's attorney general urged a state court Friday to find TikTok liable for operating an unlicensed money transmission business via its livestreaming service, arguing the platform receives users' money, converts it into virtual currency and ultimately pays creators in cash.

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RI Judge Pulls Plug On EPA's $7B Solar Program Termination

By Tom Lotshaw

A Rhode Island federal judge on Friday vacated the Trump administration's decision to cancel a $7 billion solar program for low-income households, ruling that the U.S. Environmental Protection Agency lacked authority to terminate grant funding previously awarded.

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Colo. Defends Recycling Law From Wholesalers' Challenge

By Benjamin Morse

Colorado's top environmental regulator urged a federal judge to reject a wholesalers group's bid to block a state recycling program, arguing it is unlikely to win on any of its five constitutional claims and has not shown it will suffer harm that cannot be addressed later on.

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UPMC, NYU Will End Gender-Affirming Trans Care For Minors

By Gina Kim

New York University Langone Hospital and University of Pittsburgh Medical Center will pay $8.5 million and $950,000 respectively and will stop providing gender-affirming care to children, the Justice Department said Friday, closing another chapter in the Trump administration's use of the False Claims Act to target healthcare for trans minors. 

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Colo. Judge Mulls Sanction For Hospital In Gender Care Suit

By Rachel Konieczny

Transgender adolescent patients of Children's Hospital Colorado told a state judge the court must sanction the hospital for refusing to resume providing gender-affirming medical care for transgender youth patients, saying Friday that "nothing has changed" since the patients filed their January lawsuit.

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Patent Atty Can't Stop His USPTO Discipline Case

By Theresa Schliep

An Ohio federal court rejected a patent attorney's suit looking to stop U.S. Patent and Trademark Office disciplinary proceedings against him, saying Friday that he misread a "plain, unambiguous and easily understood" statute in making his failed constitutional challenge.

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Paramount Gets Foreign Investment Nod For $110B WBD Deal

By Al Barbarino

The Federal Communications Commission has approved a Paramount Skydance request to permit foreign ownership as part of its $110 billion plan to buy Warner Bros. Discovery. 

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Facebook's Notes System Better Handles Misinfo, Exec Says

By Cara Salvatore

Meta's chief product officer told a New Mexico jury Friday that Facebook's switch from fact-checkers to crowdsourced notes helped combat misinformation, but he was also grilled about a Mark Zuckerberg email that supposedly envisioned "tricking" users into public posting.

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Roundup

Transpo Tracker: Amazon Crash Suits, Md. Bridge Claims Trimmed

By Linda Chiem

In our latest Law360 Transportation Tracker, a deadly runway crash of an Amazon cargo plane has sparked a series of negligence and wrongful death lawsuits, while California scored two injunctions blocking the Trump administration's efforts to wipe out the state's Clean Air Act waivers. 

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Ariz. Launches Tax-Exempt Bond Program For Infrastructure

By Sanjay Talwani

Arizona property owners may form special districts to issue tax-exempt bonds to fund public infrastructure under a program that has been launched pursuant to legislation passed in June, Gov. Katie Hobbs announced.

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Kalshi Loses Bid To Lift Wash. Event Contracts Ban

By Ben Adlin

Kalshi can't lift an injunction currently barring its operations in Washington, a King County Superior Court judge ruled, denying the prediction market's request to reconsider an August order blocking the company from offering most event contracts to state residents.

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DOI Says No Irreparable Harm In Casino Gaming Status Case

By Aneeta Mathur-Ashton

A lawyer for the U.S. Department of the Interior told a D.C. federal judge on Friday that the Scotts Valley Band of Pomo Indians was warned several times not to rely on a 2025 gaming eligibility determination that the agency was reconsidering, but the band nevertheless went forward with opening a limited casino operation on the property.

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NJ Justices Say No To Mass Tort For No Surprises Act Suits

By George Woolston

The New Jersey Supreme Court has rejected an application from five health insurers to designate 160 pending cases seeking the enforcement of alleged independent dispute resolution payment determinations issued under the federal No Surprises Act as multicounty litigation.

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Mass. High Court Again Upholds Housing Density Law

By Carolyn Muyskens

A controversial law that requires towns served by the Boston metro area's public transit system to allow greater housing density survived another legal challenge Friday, as Massachusetts' highest court affirmed the measure does not conflict with the state constitution.

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NC Judge Exempts Data Center Developer From 1-Year Ban

By Nate Beck

A state judge rejected a one-year moratorium on new data center projects that officials in Chatham County, North Carolina, enacted in February after a developer pitched a 750-megawatt project serving cryptocurrency mining operations, spending $11 million on the plan.

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Hotel Chelsea Renovation Dispute Headed For Trial

By Nate Beck

A New York federal judge set a November trial date in a $100 million lawsuit accusing New York City of halting construction on six years of renovations to the historic Hotel Chelsea after a tenant upset over the work asked city officials to check if the property needed a permit.

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7th Circ. Skeptical Of Bid To Block Ill. 'Captive Audience' Ban

By Celeste Bott

Two interest groups asking the Seventh Circuit to revive their challenge to an Illinois law banning captive audience meetings by employers faced pointed questions Friday about whether the law has injured them at all, with one judge saying their suit is based on a "series of ifs."

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9th Circ. Asks Wash. Justices About Indirect Employer Claims

By Rachel Riley

A Ninth Circuit panel has asked the Washington State Supreme Court to clarify whether the state's law permits common law wrongful firing claims against indirect employers and certain individuals, saying the answers are key to assessing a former solar company CFO's claim he was unjustly ousted by a private equity backer.

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Mass. Court Upholds Troopers' Firings Under Vax Order

By Julie Manganis

Massachusetts' intermediate appellate court on Friday affirmed the firings of 13 state police troopers who failed to get COVID-19 vaccinations in 2021, finding that disciplinary decisions were not subject to an arbitration clause in their union contract.

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Dems Seek Probe Of Suspect Comments On DOL Proposal

By Patrick Hoff

A trio of Democratic lawmakers urged the federal government to open a probe into reports that a U.S. Department of Labor proposal to expand retirement plans' access to alternative investments was flooded with fake comments, asserting the allegations raise questions about whether the public comment process has been corrupted.

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Wayne State Beats Doctor's Race Bias Suit Over Chair Job

By Melanie Dorsey

A Michigan federal judge tossed a Black physician's discrimination and retaliation lawsuit against Wayne State University and several officials over his unsuccessful bid to become permanent chair of the medical school's obstetrics and gynecology department, finding that he never formally applied for the job.

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CIA Officers Urge 4th Circ. To Reject DEI Firings Rehearing

By Jared Foretek

Career intelligence officers fighting their terminations following the Trump administration's anti-DEI executive orders told the Fourth Circuit Thursday that there's no point in granting an en banc rehearing of a panel's order allowing them to internally appeal the firings, arguing the panel's ruling has limited application beyond their own case.

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Maurene Comey Says DOJ's Firing Justification Is Off Base

By Stewart Bishop

Former Assistant U.S. Attorney Maurene Comey on Friday urged a Manhattan federal judge to find the Trump administration unlawfully fired her due to its dislike of her father, former FBI director James Comey, saying there's no support for the claim that an AUSA can be terminated without cause.

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FTC Chair Defends Overlapping Antitrust Authorities

By Matthew Perlman

Federal Trade Commission Chair Andrew Ferguson on Friday defended his agency's continuing role as an antitrust enforcer despite a U.S. Supreme Court decision that weakened the agency's independence and left it as beholden to the White House as its counterpart at the U.S. Department of Justice.

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OpenAI Can't See SpaceXAI, Apple Antitrust Settlement Terms

By Ganesh Setty

OpenAI cannot access a confidential settlement between Elon Musk's SpaceXAI and Apple Inc. over SpaceXAI's antitrust lawsuit challenging Apple's integration of OpenAI's ChatGPT into its devices, a Texas federal court has ruled, finding the settlement isn't relevant to the case against OpenAI.

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Newsom Convenes AI Safety Panel To Mull 'Kill Switch' Law

By Hailey Konnath

California Gov. Gavin Newsom on Friday ordered the prompt creation of an artificial intelligence safety panel to hasten the implementation of various potential AI safety and security laws, including a proposed measure that would require companies to develop a "kill switch" for their AI models.

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Spokeo Says Conn. Privacy Law Targets Protected Speech

By Brian Steele

A "first-of-its-kind" law allowing consumers to delete any online profile that contains their personal information singles out companies that publish publicly available material and imposes "draconian penalties" for speech, Spokeo Inc. and a slew of other people-search platforms said in a federal lawsuit against Connecticut's attorney general.

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Feds Must Face Suit Over Boy's Golden Gate Park Fall

By Jonathan Capriel

The family of a boy who fell into a maintenance hole after stepping onto an unsecured steel plate at a San Francisco-area national park can proceed with their core claim that the government committed willful misconduct, with a federal court ruling Friday a jury could find park services knew about the danger for years.

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DOJ Revises Policies Over False Claims Act Suits

By Ganesh Setty

The U.S. Department of Justice issued revisions Friday to department policy governing False Claims Act lawsuits, emphasizing that agency guidance documents have limited effect and that the government should continually assess whether to seek dismissal of qui tam actions.

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Fed. Circ. Clears Commerce's Argentine Oil Pipe Levies

By Jack McLoone

The U.S. Department of Commerce didn't double count certain oil and gas pipe produced in the U.S. in order to substantiate a petition for an antidumping investigation into such goods from Argentina that eventually resulted in a duty order, a Federal Circuit panel affirmed Friday.

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Brief

Chinese Tin Mill Imports Face Triple-Digit Duties

By Jack McLoone

Chinese tin mill products entering the U.S. are facing an over 136% antidumping duty rate after the U.S. Department of Commerce found Friday that the imports are being sold at less than fair value.

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Brief

EU Continues Above-Average Pace Probing Trade Practices

By Jack McLoone

The European Union saw its uptick in trade defense measures carry on in 2025, continuing the previous year's trend of a "significant increase" in antidumping and antisubsidy investigations over the historic average, according to a report released Friday.

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Brief

Mexico Deploys New Aluminum Trade Flow Monitor

By Dylan Moroses

The Mexican government deployed a new tool to help better trace trade flows of aluminum products within its borders, while improving the already existing monitor for steel products.

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IRS Floats Tax Return Form With Question About Citizenship

By Natalie Olivo

The Internal Revenue Service released a draft version of the Form 1040 individual tax return that for the first time would include a question about the filer's citizenship status.

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Hartford Unit Must Defend Tax Lien Cos. In 'Eviction' Case

By Danielle Ferguson

An Illinois federal judge said a Hartford unit must defend tax lien purchasing companies from class actions alleging the companies profited from an unconstitutional tax sale process, rejecting the insurer's arguments that the underlying property owners did not allege they were wrongfully evicted.

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NJ Flags Possible Unauthorized ICE Activity At Warehouse

By Isaac Monterose

New Jersey and a local township told a federal court that they are investigating reports of U.S. Immigration and Customs Enforcement using a 470,000-square-foot warehouse as a detention center, which would violate a court order.

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US Asks Fed. Circ. To Reverse COVID-Era Tax Deadline Ruling

By Zak Kostro

The government asked the Federal Circuit to overturn a U.S. Court of Federal Claims decision allowing a taxpayer to recover penalties and interest he sought refunds for during the COVID-19 pandemic, saying the claims court wrongly interpreted a statutory 60-day extension as having lasted over three and a half years.

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Trump Admin Faces New Suit Over Public Charge Rule

By Ganesh Setty

The Trump administration has been hit with another lawsuit in New York federal court challenging its new rule giving immigration officers wider discretion to deny noncitizens a green card if they're found to likely become a "public charge."

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Judge Nixes USDA's SNAP Deadline, Immigrant Benefit Rules

By Ben Adlin

An Oregon federal judge sided with a coalition of 21 states and the District of Columbia that challenged the Trump administration's restrictions to the federal Supplemental Nutrition Assistance Program, ruling Thursday that the U.S. Department of Agriculture's guidance barring certain noncitizen immigrants from SNAP benefits was unlawful.

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Fugitive Ex-Conn. Official Sues To Keep His Pension Flowing

By Aaron Keller

Former Connecticut budget official Konstantinos Diamantis sued the state attorney general and comptroller Friday in federal court to keep his government pension payments flowing despite fleeing the U.S. ahead of a court hearing that could have ended with a decade-long prison sentence on corruption charges.

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FCC OKs Swedish Lawnmower Robots Amid Foreign Ban

By Nadia Dreid

For the first time since banning all foreign-made robots from being imported into the country, the Federal Communications Commission is making an exception for certain Swedish-made robotic lawnmowers.

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4th Circ. Weighs DEA Power To Classify HHC Schedule I

By Sam Reisman

A Fourth Circuit panel Friday appeared skeptical of the rationale the U.S. Drug Enforcement Administration used to justify designating hexahydrocannabinol, or HHC, a psychoactive compound synthesized from hemp extracts, as a Schedule I substance.

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TerrAscend Says Feds Sued Fake Co. In $8M Clawback Suit

By Mike Curley

Multistate cannabis operator TerrAscend USA Inc. asked a New Jersey federal court to throw out the federal government's suit seeking to claw back an $8 million tax refund, saying the government sued a nonexistent entity and even if it substituted the correct one, the suit still wouldn't belong in New Jersey.

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A Look At Loper Bright's Uneven Effect On Immigration Law

Recently decided cases in the Second and Fourth Circuits show the disparate effects independent judicial review has had on long-standing immigration precedents since the U.S. Supreme Court's 2024 ruling that ended Chevron deference, says Danny Alicea at the Legal Aid Society.

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A Texas Ruling May Offer Guidance On Freight Broker Liability

The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

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Opinion

New CMS Medical Device Pathway May Have Limited Effect

The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

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Time Is On Payment Processors' Side As Deal Dynamics Shift

As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

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Senior Lawyers Survey: Tell Us About Your Career

How are senior lawyers adapting to evolving career paths and emerging technologies? Share your perspective in this five-minute survey.

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The 2026 Regional Powerhouses

By Cara Bayles

From major deals to high-profile litigation, the firms named to Law360's 2026 Regional Powerhouses list are leading the way across 14 states. They deliver deep regional expertise and make a lasting impact at the state and local level.

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Ex-DOJ Chief Lambastes 'Abuses Of Power' In Goldstein Case

By Jeff Overley

The U.S. Department of Justice constantly made false statements in its criminal case against famed appellate advocate Tom Goldstein, and his convictions must be erased because "prosecutorial misconduct pervaded every stage of the proceedings," a former DOJ prosecutor told the Fourth Circuit.

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Roundup

Taxation With Representation: Davis Polk, Latham, Sullivan

By Zak Kostro

In this week's Taxation With Representation, a group backed by Michael Dell's family office and Sequence Holdings acquires a majority interest in The Baldwin Group, May Mobility merges with a blank check company, and Infineon Technologies sells its memory chip business to Winbond Electronics.

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Ex-Wis. Judge Keeps License Amid ICE Conviction Appeal

By Ryan Boysen

The ex-Wisconsin judge convicted of obstructing an ICE arrest will remain an attorney in good standing while she appeals, after the Supreme Court of Wisconsin declined to suspend her law license.

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Richards Layton Litigator Selected For Chancery Seat In Del.

By Rose Krebs

A Richards Layton & Finger PA attorney has been nominated by Delaware Gov. Matt Meyer to serve on the bench of the nationally important Chancery Court, a venue that adjudicates some of the biggest corporate law cases.

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

Starbucks settled a high-profile discrimination suit with Florida over its diversity, equity and inclusion policies, agreeing not to use race- or sex-based goals in hiring and promoting. And the SEC floated changing how publicly traded companies seek shareholder input, including promising to end one pathway for shareholders to place their proposals on corporate ballots. These are among the stories in corporate legal news you may have missed in the past week.

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Reed Smith Defends Docs Production In Ex-Atty's Bias Suit

By Jake Maher

Reed Smith LLP urged a New Jersey court on Thursday to reject an "impulsive" motion from a former attorney suing it for gender discrimination seeking to strike its answer and affirmative defenses.

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Law360's Legal Lions Of The Week

By Kevin Penton

Schemery Zicolello leads this week's edition of Law360 Legal Lions, after a Third Circuit panel ruled that police cannot conduct warrantless strip searches outside of jails or prisons absent consent or an emergency.

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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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