DC Circ. Says Military Trans Ban Flouts Constitutional Rights

By Bonnie Eslinger

A divided D.C. Circuit panel Monday said the Trump administration illegally banned transgender individuals from military service, then narrowed a preliminary injunction to prevent the government's exclusion of transgender people presently serving in the military but not those desiring to enlist.

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DOJ Will Obey Order Freezing $1.8B 'Slush Fund'

By Courtney Bublé

The U.S. Department of Justice announced Monday it will abide by a federal judge's decision to temporarily pause the $1.8 billion "anti-weaponization" fund, adding that it disagreed with the ruling.

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Jan. 6 Participants Sue Feds For 'Vindictive' Prosecutions

By Jared Foretek

Nine Jan. 6 participants sued the federal government, former Attorney General Merrick Garland, and several prosecutors and FBI agents Friday, claiming they were subject to malicious prosecutions and unconstitutional retaliation for their roles in the attack on the U.S. Capitol in 2021.

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Florida AG Sues OpenAI, Says ChatGPT Is Aiding Violence

By David Minsky

Florida Attorney General James Uthmeier announced Monday that his office is suing OpenAI and CEO Sam Altman, saying ChatGPT is spurring young people to commit crimes and acts of violence. 

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Brief

Abortion Protester Denied 2nd Shot At Jury Trial In 4th Circ.

By Parker Quinlan

The Fourth Circuit has decided not to rehear an appeal over whether a South Carolina abortion protestor should be given a new trial after the court previously affirmed his conviction for blocking the doors of a clinic.

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Ala. Redistricting Fight Tests Justices' Voting Rights Ruling

By Katie Buehler

Alabama officials and Black voters have asked the U.S. Supreme Court to decide if an order requiring the state to hold this year's elections under a court-drawn map that gives Black voters a chance to elect two preferred congressional candidates constitutes a "roadmap for evading" or a faithful application of the high court's recent Voting Rights Act ruling.

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DOJ Seeks Judge's Recusal Over Attending Political Event

By Emily Johnson

The U.S. Department of Justice has called for a Georgia federal judge to recuse herself from its suit against Georgia Secretary of State Brad Raffensperger over not providing election records, arguing that the judge has been identified in the news as being privately reprimanded for misconduct, including attending a Democratic district attorney's election victory event.

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Ill. Swipe-Fee Law Blocked For Most Banks, Slated For Delay

By Jon Hill

A Chicago federal judge ruled Monday that Illinois cannot enforce its landmark ban on tax-and-tip swipe fees against most banks, handing the banking industry a major legal win the same day that state lawmakers voted separately to delay the ban altogether until next year.

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GAO Flags Risks After Corporate Transparency Act Rollback

By Sarah Jarvis

The Treasury Department's retreat from the Corporate Transparency Act and its requirements for shell companies to disclose their beneficial owners may perpetuate illicit finance risks, according to a report from the U.S. Government Accountability Office, which recommended the Treasury take steps to address such risks.

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EPA Beats States' $7B Solar Grant Cancellation Suit In Wash.

By Rachel Riley

A Washington federal judge sided with the Environmental Protection Agency on Monday in a multistate challenge of the U.S. government's cancellation of a Biden-era solar energy grant program, concluding she cannot resolve the dispute because it involves contractual questions that the Tucker Act delegates to the Court of Federal Claims.  

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5th Circ. Probes Standing In Challenge To EPA Asbestos Rule

By José Luis Martínez

Fifth Circuit judges Monday questioned whether challengers to a U.S. Environmental Protection Agency rule that addresses chrysotile asbestos, the only known form of the carcinogen still used and imported in the country, have a legal right to sue over their alleged injuries.

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Federal Agencies Say Cactus FOIA Search Was Reasonable

By Zach Dupont

The U.S. Fish and Wildlife Service and the Department of the Interior told a Colorado federal court that sending more than 7,000 pages of records in response to a Freedom of Information Act request from a conservation nonprofit regarding the proposed delisting of hookless cacti from the endangered species list was reasonable. 

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Minn. Wants 'Egregious' DOJ Bid To Nix Climate Suit Tossed

By Tom Lotshaw

Minnesota has told a federal judge the Trump administration recycled absurd standing theories rejected in other cases to support an "egregious" attempt to block the state's six-year-old consumer deception lawsuit against fossil fuel entities.

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Ga. Appeals Court Says Septic Waste Fight Needs Closer Look

By Kelcey Caulder

A Georgia appeals court axed an order permanently barring a family from disposing of septic tank waste on their land without a permit in a case brought by the state's Environmental Protection Division, saying Monday the lower court needed to take a more thorough look at the regulations in play.

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Judge Tosses USPTO 2-Factor Authorization Patent Suit

By Elliot Weld

A Court of Federal Claims judge has dismissed a lawsuit against the U.S. Patent and Trademark Office that claimed its website infringed patents covering two-factor authorization, agreeing with the office that the litigation mimicked a suit that was thrown out in 2016.

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Md. Judge Pauses Shipowner's Baltimore Bridge Civil Trial

By Linda Chiem

A Maryland federal judge has pressed pause on a civil trial that was expected to start Monday to address sweeping liability and damages claims against the owner and the manager of the cargo carrier that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse.

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Foreign Drivers Ask Fla. Judge To Hit Brakes On CDL Denials

By Tom Lotshaw

Foreign national truck and bus drivers in Florida asked a federal judge to quickly block a state agency's decision to stop issuing commercial driver's licenses to certain noncitizens based on a challenged federal rule the drivers said is likely unlawful.

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Penske, Family Spar In 5th Circ. Crash Suit After Montgomery

By Linda Chiem

Trucking services giant Penske Logistics LLC and its freight broker affiliate Penske Transportation Management LLC have told the Fifth Circuit that the U.S. Supreme Court's recent Montgomery ruling doesn't support reviving negligence claims from the family of a man killed in a 2018 Texas collision.

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No Illinois Stadium Bill For Bears As Legislative Session Ends

By David Steele

The Chicago Bears on Monday kept the door open to staying in Illinois instead of moving to Indiana, hours after the state's Senate failed to act on a tax incentive bill for a proposed stadium before the legislative session ended.

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Michigan City Says Short-Term Rental Ban Is Constitutional

By Susan Smiley

The city of Dearborn Heights defended its zoning ordinance banning short-term rentals in Michigan federal court on Monday, claiming a group of property management companies have no standing to challenge the prohibition because the city has full legal authority to regulate rental properties as it sees fit.

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Wash. Mandates Menopause Protections For Cabinet Workers

By Patrick Hoff

Washington state Cabinet agencies will soon be required to accommodate employees experiencing menopause and perimenopause after Gov. Bob Ferguson on Monday instructed the state Women's Commission to help develop guidance, policies and resources applicable to menopause-related conditions.

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3rd Circ. Preview: AI Copyright Spat, NJ Gun Law Battle

By Carla Baranauckas

A copyright fight over the future of AI‑powered legal research heads to the Third Circuit, where a legal publisher will argue this month that a legal technology company's use of its headnotes does not constitute fair use of copyrighted material. The court will also take up a challenge to New Jersey's firearm nuisance law in a case that asks when a trade group can bring a federal suit over a state statute.

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Analysis

EU Merger Guidelines Overhaul Leaves Door 'Slightly Open'

By Bryan Koenig

Antitrust lawyers are optimistic that European Union merger reforms will be more favorable toward transactions' potential efficiencies and benefits, but they are waiting to see if that new leniency is granted in practice.

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Judge Limits Google's Access To Search Rival's Data

By Bryan Koenig

A D.C. federal judge imposed limits on the data Google can access from would-be rivals seeking its search data and syndicated search results, agreeing with the U.S. Department of Justice that the company can't access every piece of information submitted to a technical committee overseeing its monopolization remedies.

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Students Win Class Status In Elite College Aid-Fixing Suit

By Nadia Dreid

Cornell University and several other elite schools are now facing a certified class action accusing them of conspiring to fix the amount of financial aid they gave out after the Illinois federal judge overseeing the case certified a 74,000-strong class Monday.

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DOJ Says Ohio Health System Can't Duck Antitrust Case

By Matthew Perlman

The U.S. Department of Justice defended its antitrust case accusing OhioHealth Corp. of blocking competition through its contracts with insurers, telling an Ohio federal court the health system is depriving consumers of lower-cost health plans.

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'Sauce For The Goose': X Can't Limit Apple, OpenAI Depos

By Bonnie Eslinger

A Texas federal judge on Friday ordered Elon Musk's X Corp. to offer up 20 of its employees for extra depositions in its antitrust suit against Apple and OpenAI, saying that since the court granted X more depositions, "sauce for the goose is sauce for the gander."

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States Back FTC's DC Circ. Appeal In Meta Monopoly Case

By Matthew Perlman

More than two dozen state attorneys general have thrown their support behind the Federal Trade Commission's bid to revive its lawsuit accusing Meta of monopolizing social networking through its purchases of WhatsApp and Instagram.

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Law Unclear On 'Deplorable' Photo Share, 3rd Circ. Rules

By P.J. D'Annunzio

A split Third Circuit panel has ruled that a Philadelphia police officer can't be sued for photographing and sharing a picture of a dead man who jumped from a bridge, holding that while the conduct was "deplorable," the Constitution did not clearly establish that families have a right to control images of their loved ones' deaths.

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Albertsons Had Duty To Curb Opioid Diversion, Judge Rules

By Ben Adlin

As providers of controlled substances, pharmacy giants Albertsons and Safeway had legal duties to prevent the diversion of opioid drugs, a Washington state judge ruled on Monday, though whether the companies failed to fulfill those duties will be determined at trial.

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Mich. Biz Can't Appeal AG Intervention In Fire Coverage Suit

By Emilie Ruscoe

A Detroit property owner can't seek Sixth Circuit review of the Michigan attorney general's intervention in the property owner's constitutional challenge to the state's Fire Insurance Withholding Program, as a federal judge said Monday the intervention won't "materially alter" the suit.

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Fed. Circ. Affirms Dismissal Of Turkish Steel Duty Challenges

By Jack McLoone

A Federal Circuit panel affirmed three U.S. International Trade Court rulings that collectively rejected a Turkish company's attempts to escape a duty on Turkish steel, finding on Monday that the company's appeals were broadly unsupported by the statutes it cited.

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US Trade Officials Open IP Probe Into Vietnam

By Adam Lidgett

U.S. trade officials have launched an investigation into Vietnam over what they said were concerns about how the country is allegedly not effectively protecting the rights of intellectual property owners.

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Brief

ITC Launches Digital Transmission Of Confidential Docs

By Jack McLoone

Lead counsel in investigations conducted by the U.S. International Trade Commission will be able to receive confidential documents through the commission's online portal starting Monday, the ITC announced. 

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Md. Authorizes Tax Credits For Service Station Conversions

By Zak Kostro

Maryland authorized local governments to grant property tax credits for service stations that are converted to other uses under legislation signed by the governor.

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OECD Seeks Input On Revision To Transfer Pricing Guidelines

By Kevin Pinner

The OECD is looking for feedback on draft revisions to its transfer pricing guidelines that deal with intragroup services, the organization said Monday.

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Judge Denies Pause In ICE Warrantless Entry Suit

By Aneeta Mathur-Ashton

A D.C. federal judge has declined the Trump administration's request to pause a lawsuit over ICE's warrantless home entry policy, saying the White House's claim that it suspended the policy is insufficient.

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Justices Won't Eye Burden Of Notice For Immigration Hearings

By Britain Eakin

The U.S. Supreme Court said Monday that it won't review a Ninth Circuit decision requiring the federal government to take additional steps to notify noncitizens of immigration hearing dates when their original notices initiating removal proceedings return unread in the mail.

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Feds, County Say Telecom Drove Wash. Tribal Site Harm

By Crystal Owens

The federal government and Whatcom County, Washington, say they want out of a challenge by the Lummi Nation that looks to block a telephone company from continuing to construct a broadband project on sites where Indigenous remains have been unearthed.

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Utah Backs 10th Circ. Review Of Ute Split-Estate Fight

By Crystal Owens

Utah and two of its counties are asking the Tenth Circuit to grant the Ute Indian Tribe permission to file an interlocutory appeal on whether split estate lands are Indian Country, saying that final resolution of the issue will allow a half-century of litigation to end.

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DOJ Says Immigrants Need 5 Years Here For Lifeline Eligibility

By Nadia Dreid

Immigrants aren't eligible for the Federal Communications Commission's Lifeline program, which subsidizes the cost of phone and internet service for low-income households, unless they've been in the country for five years, the U.S. Department of Justice has declared.

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Broadband Co. Still Asking FCC For Waivers On 800 MHz Band

By Aneeta Mathur-Ashton

A broadband services company is pressing the Federal Communications Commission to waive the agency's buildout deadlines so that utilities and other providers can offer expanded terrestrial and nonterrestrial wireless services.

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SES Wants Feds To Scrap Rule Restricting 12.75 GHz Uses

By Christopher Cole

Satellite company SES has asked the Federal Communications Commission to toss a restriction on high-speed uplinks in a prime swath of airwaves that the company argues has unnecessarily hindered the growth of domestic fixed satellite service.

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Portland Pushes Back On FCC's Lifeline Rule Changes

By Christopher Cole

The city of Portland, Oregon, bristled against the Federal Communications Commission's plan to tighten rules to check eligibility for the Lifeline phone subsidy given that it's likely to curtail enrollment in a program that helps with broadband affordability.

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Conn. Alters Pot Tax, Gives Cities Aid To Cut Property Taxes

By Jaqueline McCool

Connecticut will change its cannabis tax structure, provide funding to local governments for property tax reductions and make other tax changes under a 2027 budget bill signed by the governor.

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La. Sends Psychedelic Therapy Research Bill To Governor

By Sam Reisman

Louisiana lawmakers have given final approval to a bill to establish a psychedelic-assisted therapy program under the state's health department.

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Trump Unveils 3 Picks For International Trade Commission

By Hailey Konnath

President Donald Trump on Monday announced three more nominees to be members of the U.S. International Trade Commission, including the U.S. Senate Committee on the Judiciary's intellectual property policy director, a deputy assistant U.S. trade representative and a consumer group's government affairs director.

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What End Of SEC Settlement Gag Rule Means For Defendants

The U.S. Securities and Exchange Commission's recent rescinding of its gag rule prohibiting defendants from publicly denying allegations in settled SEC enforcement actions actually heightens the need to think strategically when negotiating resolutions and pursuing public denials of wrongdoing, say attorneys at Cleary.

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Opinion

Regulators Should Use Existing Tools To Jump-Start Crypto

The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trade Commission should use existing authority to quickly enable crypto trading, custody, clearing and settlement to reduce uncertainty and lay the groundwork for permanent crypto rules, says Lee Schneider at Ava Labs.

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Employer Tips To Prepare For Va. Family And Medical Leave

With Virginia's paid family and medical leave insurance program taking effect in two years, employers should develop processes for monitoring head count, coordinating with existing federal and state leave programs, and tracking intermittent leave, say attorneys at ArentFox Schiff.

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Law School Antitrust Dismissal Leaves Room For Review

A Pennsylvania federal court's recent dismissal of Risner v. Law School Admission Council, a class action that argued a centralized law school application platform violated antitrust law, reflects judicial reluctance to assume that higher education joint efforts are automatically anticompetitive, but also sets out a road map for future pleadings, say attorneys at Baker McKenzie.

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Ill. Passes Bill To Restrict Outside Investment In Legal Sector

By Emma Cueto

The Illinois state Legislature has passed a bill that aims to stop attorneys from fee sharing with non-lawyer-owned firms in other states and from accepting outside investment via a managed service organization structure.

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Bonus Spotlight

Hueston Hennigan To Pay Summer Bonuses Up To $35K

By Tracey Read

Trial firm Hueston Hennigan is the second boutique to announce it will dole out midyear bonuses to associates.

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As Judicial AI Use Gains Steam, Training Lags

By Emily Sawicki

Court systems around the country are emerging bullish on the use of generative artificial intelligence by judicial officers, but implementation, training, resources and overall regulations remain scattershot, giving rise to concerns that a learning gap could lead to missteps.

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Roundup

The Top In-House Hires Of May

By Michele Gorman

Legal department hires during the past month included high-profile appointments at Chevron, Barclays and Topgolf. Here, Law360 Pulse looks at some of the top in-house announcements from the last full month of spring.

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Plaintiffs' Counsel In Tylenol MDL Agree To $50K Donation

By Gianna Ferrarin

A plaintiffs' attorney and law firm sanctioned in multidistrict litigation alleging prenatal exposure to acetaminophen can cause autism agreed to donate $50,000 to maternal health organization March of Dimes in lieu of paying attorney fees, according to a letter filed Monday in New York federal court. 

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Kia, Hyundai Workers' Attys Get $3.45M Fee Award In Visa Suit

By Benjamin Morse

A Georgia federal court on Monday awarded $3.45 million in attorney fees and costs to lawyers for workers who reached an $11.5 million settlement over claims that a Hyundai supplier, a Kia plant and staffing agencies recruited skilled Mexican engineers for production work and underpaid them.

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Roundup

Hub Hires: Foley Hoag, Holland & Knight, Paul Hastings

By Julie Manganis

The rapidly expanding gaming and sports betting industry brought more legal industry players to the table in Massachusetts in May, with two firms beefing up their bench in that area, while other local attorneys made midcareer leaps into new roles.

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Titan Of The Plaintiffs Bar: Labaton Keller's Michael Canty

By Allison Grande

When Labaton Keller Sucharow LLP partner and general counsel Michael Canty decided to pursue a legal career, he had no doubt about what type of lawyer he wanted to be. 

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