Analysis

FERC's Fate Uncertain As Humphrey's Executor Teeters

By Keith Goldberg

The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.

Read full article » | Save to favorites »

DC Circ. Questions Lack Of Warning In Expedited Removals

By Jared Foretek

A three-judge D.C. Circuit panel appeared split Tuesday over whether unauthorized immigrants need notice of their due process rights when facing expedited removal.

Order attached | Read full article » | Save to favorites »

GOP, Dems Spar At High Court On Party Spending Caps

By Cara Bayles

The U.S. Supreme Court on Tuesday considered the constitutionality of caps on how much money political parties can spend directly on candidates' campaigns, in a case that pitted the nation's major political camps against one another.

Read full article » | Save to favorites »

DOJ Says It Could Indict Comey Again

By Jared Foretek

The U.S. Department of Justice on Tuesday said it may once again seek charges against ex-FBI Director James Comey, asking a D.C. federal judge to dissolve a temporary restraining order that bars prosecutors from using evidence seized from Comey's former attorney.

2 documents attached | Read full article » | Save to favorites »

Senate Confirms 3 Judges For La., Miss.

By Courtney Bublé

The U.S. Senate confirmed three judicial nominees Tuesday for federal courts in Louisiana and Mississippi.

Read full article » | Save to favorites »

DOJ Gets OK To Unseal Epstein Grand Jury Docs In NY Case

By Lauren Berg

The U.S. Department of Justice on Tuesday secured a Manhattan federal judge's permission to unseal grand jury materials related to the investigation of Jeffrey Epstein, following a new law passed by Congress that requires the agency to release its files on the late sex offender.

Order attached | Read full article » | Save to favorites »

Ga. Justices Hint Willis' Testimony Will Moot Subpoena Fight

By Chart Riggall

The Georgia Supreme Court signaled Tuesday that it'll avoid deciding how far a state legislative committee can take its subpoena power against Fulton County District Attorney Fani Willis until it sees if she follows through on an agreement to testify before the committee later this month.

Read full article » | Save to favorites »

Brief

Democrats Push For $1.76B To Fix Defender Budget Shortfall

By Courtney Bublé

Almost 50 Democratic lawmakers are urging congressional appropriators to fix the long-standing budget shortfall for federal defenders in the upcoming full-year budget.

Letter attached | Read full article » | Save to favorites »

Pa. Justices Affirm County's Loss Over Election Inspections

By Matthew Santoni

Pennsylvania's Supreme Court on Tuesday upheld a ruling that the state's top election official could order voting machines to be yanked from service, closing one chapter on the tome of litigation that followed Fulton County's third-party inspection of its Dominion Voting Systems machines after the 2020 election.

Order attached | Read full article » | Save to favorites »

Mich. Retirement Group Can Join Voter Data Suit, Judge Says

By Danielle Ferguson

An association representing retired union voters, the founding director of a University of Michigan law clinic and a local influencer can all step into the federal government's attempt to force the state of Michigan to turn over voters' personal information, a Michigan federal judge ruled Tuesday.

Order attached | Read full article » | Save to favorites »

Trump's CFPB Says It Can't Be Forced To Take Fed Money

By Hailey Konnath

The Trump administration said Monday that the Consumer Financial Protection Bureau is not obligated to take funding from the Federal Reserve, and a D.C. federal judge can't order it to do so, pushing back against a request from the labor union challenging the agency's dismantling.

Brief attached | Read full article » | Save to favorites »

OFAC Inks $1M Russian Sanctions Deal With Ex-Gov't Official

By Sarah Jarvis

The U.S. Treasury's Office of Foreign Assets Control announced Tuesday that an unidentified attorney and former government official has agreed to pay more than $1 million to settle allegations the individual violated Russian sanctions by acting as a fiduciary for the family trust of a blocked Russian oligarch.

1 document attached | Read full article » | Save to favorites »

CFPB Eyes 'Interim' Open Banking Rule As Funds Run Low

By Jon Hill

The Consumer Financial Protection Bureau said it plans to issue an "interim final" revamp of its open banking rule now that its funding is on the verge of running out, the latest move by the agency to prepare for a possible shutdown in the coming weeks.

1 document attached | Read full article » | Save to favorites »

OCC Says Banks Can Transact In Crypto As Intermediaries

By Jon Hill

The Office of the Comptroller of the Currency said Tuesday that banks under its oversight may buy and sell digital assets for customers as "riskless principals," clearing this broker-stye activity as an extension of established banking practices.

1 document attached | Read full article » | Save to favorites »

Sens. Eye Final Stretch To Wrap Crypto Market Structure Bill

By Aislinn Keely

Sen. Cynthia Lummis, R-Wyo., said Tuesday that she's hoping to share a draft of a crypto market structure bill by the end of the week, but she may have to "cajole the White House" on ethics language and the appointment of Democrats to federal derivatives and securities agencies to get the bill across the finish line.

Read full article » | Save to favorites »

Cleveland, Browns Drop Stadium Move Suits After $100M Deal

By Isaac Monterose

The National Football League's Cleveland Browns and the city of Cleveland told Ohio courts on Tuesday that they're permanently dropping their lawsuits against each other in the wake of a $100 million settlement for their dispute over the NFL team's planned stadium move.

2 documents attached | Read full article » | Save to favorites »

NCAA, NY State Univ. Ask Courts To Nix Trans Runner's Suits

By Jonathan Capriel

The NCAA and a New York state university argue they did not violate New York state's antidiscrimination law by not allowing a transgender sprinter to compete in a women's track event, telling a state court that she could have still participated in the race if she had been willing to run in the male category.

2 documents attached | Read full article » | Save to favorites »

Judge Says Betting Case No 'Slam Dunk' For Kalshi Or Mass.

By Julie Manganis

A Massachusetts judge said Tuesday he's unlikely to decide before January whether state gambling regulators can pursue claims that prediction market operator KalshiEX is flouting sports betting laws, and if so, whether he should grant the state's request for an injunction.

Read full article » | Save to favorites »

Tribes, Gaming Groups Challenge Kalshi's NY Gaming Lawsuit

By Crystal Owens

A slew of tribal gaming associations are backing the New York State Gaming Commission in a dispute with Kalshi over state gaming laws, arguing that the trading platform has unfairly entered the market to the detriment of Indigenous nations' revenue and bargained compacts.

Brief attached | Read full article » | Save to favorites »

Florida Bill Seeks To Shield Landowners From Pollution Suits

By Jonathan Capriel

A Florida lawmaker has introduced a bill that would add hurdles to those looking to sue over pollution damages caused by old phosphate mines, giving property owners a new defense to avoid strict liability claims.

2 documents attached | Read full article » | Save to favorites »

NJ Slams Town's Bid To 'Unilaterally Rewrite' PFAS Deal

By Juan-Carlos Rodriguez

New Jersey has slammed a bid by Carneys Point Township to intervene in the state's federal suit against Chemours and other companies over PFAS contamination, saying the township shouldn't be allowed to "rewrite" the terms of the deal.

3 documents attached | Read full article » | Save to favorites »

Fla. AG Targets Pediatric Org. In Gender-Affirming Care Suit

By Hannah Albarazi

The office of Florida Attorney General James Uthmeier sued the American Academy for Pediatrics along with the World Professional Association for Transgender Health and the Endocrine Society in Florida state court Tuesday for allegedly misleading the public about the safety of gender-affirming care for minors.

Complaint attached | Read full article » | Save to favorites »

Insurer Says Whistleblower Stole Docs In Medicare FCA Case

By Chris Villani

An insurer accused of running a kickback scheme to steer customers to its Medicare Advantage plan is seeking to question the whistleblower that sparked the False Claims Act suit, telling a Massachusetts federal judge on Tuesday that he snapped unauthorized photos of company files.

Motion attached | Read full article » | Save to favorites »

Conn. Seems Open To Limits On Drug Price Cap Enforcement

By Aaron Keller

The state of Connecticut suggested Tuesday that drug sales to the state were not the same as drug sales "in this state" as defined by state law, a stance drug manufacturers promised to leverage in their efforts to block an impending drug price cap.

6 documents attached | Read full article » | Save to favorites »

Kiss' Gene Simmons Sings Praises Of Radio Pay Bill

By Theresa Schliep

U.S. lawmakers are revisiting an effort to get FM and AM radio broadcasters to pay artists when playing their music, with key members of a Senate subcommittee speaking at a hearing Tuesday in favor of a measure that also garnered enthusiastic support from Kiss singer Gene Simmons.

Read full article » | Save to favorites »

USPTO Assignor Estoppel Denials Flout Law, Fed. Circ. Told

By Ryan Davis

Cloud database company Tessell Inc. has told the Federal Circuit that the U.S. Patent and Trademark Office is violating the court's clear precedent by refusing to review patents when the challengers include the named inventors.

Petition attached | Read full article » | Save to favorites »

FTC Wants Watchdog Retaliation Suits Before Different Judges

By Bryan Koenig

The Federal Trade Commission urged a D.C. federal judge Tuesday to unassign herself from an antidisinformation nonprofit's lawsuit challenging a subpoena allegedly served in retribution for listing conservative outlets as top disinformation risks, arguing the case has nothing to do with a similar one the judge is already presiding over.

Response attached | Read full article » | Save to favorites »

States Ask Justices To Curtail Federal Trucking Law Shield

By Y. Peter Kang

Ohio and 28 other states have urged the U.S. Supreme Court to hold that a federal trucking industry law can't shield freight brokers from certain state-based injury claims, arguing Congress did not intend to undermine states' authority over regulating road safety.

Brief attached | Read full article » | Save to favorites »

Generic-Drug Group Backs House Bill On Skinny Labels

By Elliot Weld

An industry group representing the generic and biosimilar drug manufacturing sector has applauded the introduction of a U.S. House of Representatives bill titled The Skinny Labels, Big Savings Act, saying it will reduce prices across healthcare.

Read full article » | Save to favorites »

Mich. Judge Tosses RICO, Nuisance Claims In Pot Co. Row

By Danielle Ferguson

A Michigan federal judge on Tuesday dismissed a state regulator and a marijuana company from a couple's lawsuit, finding that the plaintiffs' nuisance allegations are best left up to state courts and the couple has no right to try to halt the business's growing operations under the Racketeer Influenced and Corrupt Organizations Act.

Order attached | Read full article » | Save to favorites »

No Wrongdoing By County In Valuation Row, Md. Court Says

By Sanjay Talwani

A Maryland man failed to exhaust his administrative remedies or show that county authorities committed constitutional violations when he appealed his property's valuation, the Appellate Court of Maryland said, affirming a lower court decision.

Opinion attached | Read full article » | Save to favorites »

Philly Cops Say OT Suit Should Go To Trial

By Irene Spezzamonte

An overtime suit against the city of Philadelphia, its police department and some of the department's leaders should continue on to trial because qualified immunity doesn't apply and many questions remain unanswered, two ranking officers told a federal court.

2 documents attached | Read full article » | Save to favorites »

NJ Builder Says Court Can Decide Tunnel Labor Row

By Braden Campbell

The Third Circuit's finding that federal labor law blocks courts from stopping National Labor Relations Board cases doesn't apply to a builder's bid to block an imminent bidding deadline on the lucrative Hudson Tunnel Project, the builder and a unionized employee told a New York federal judge.

2 documents attached | Read full article » | Save to favorites »

Amazon Still Can't Claw Back FTC Probe Documents

By Bryan Koenig

A Washington federal judge refused Monday to reconsider his order allowing the Federal Trade Commission to hold on to documents produced in the investigation preceding its antitrust lawsuit accusing Amazon of creating an artificial pricing floor, concluding the online retail giant never clearly argued any material was produced "inadvertently."

Order attached | Read full article » | Save to favorites »

Conn. Barred From Taking Action Against Kalshi For Now

By Katryna Perera

A Connecticut federal judge has ordered the state to refrain from taking enforcement action against KalshiEX LLC, while the derivatives exchange's preliminary injunction motion is pending, in a suit seeking to prevent the Connecticut Department of Consumer Protection from directing Kalshi to cease operations within the state.

Memorandum attached | Read full article » | Save to favorites »

Fed. Circ. Nixes Challenges To 'Settled Expectations' Rule

By Ryan Davis

The Federal Circuit on Tuesday rejected challenges by both Cambridge Industries USA Inc. and Sandisk Technologies Inc. to the U.S. Patent and Trademark Office's policy that patent reviews can be denied based on the owner's "settled expectations" due to the patent's age.

3 documents attached | Read full article » | Save to favorites »

11th Circ. Weighs Immunity In Fla. Excessive Force Case

By David Minsky

Four Miami-area police officers urged the Eleventh Circuit on Tuesday to grant qualified immunity in a lawsuit accusing them of excessive force, arguing their level of physical control was necessary to restrain a teenager displaying extraordinary strength during a mental health breakdown. 

5 documents attached | Read full article » | Save to favorites »

Wash. Justices To Review Immunity In $2.3M Ambulance Case

By Ben Adlin

Washington's highest court on Tuesday said it will review a $2.3 million verdict over a cancer patient's death in an ambulance crash, agreeing to consider what the ambulance operator called a "double standard" in an appeals court ruling that it said would grant immunity to crews transporting patients experiencing mental health crises, but not those in need of physical care.

4 documents attached | Read full article » | Save to favorites »

Alaska And Juul Settle Vape Youth Suit For $5.8M

By Jonathan Capriel

Juul Labs Inc. has agreed to pay $5.8 million to end claims it targeted young people in Alaska, according to an agreement the state and company signed that requires Juul to adhere to strict marketing and age-verification rules.

1 document attached | Read full article » | Save to favorites »

Va. Says Vape Cos. Have No Standing To Challenge State Ban

By Mike Curley

The Virginia Attorney General and tax commissioner are urging a federal court to deny a bid to block enforcement of its ban on unapproved e-cigarettes, saying the companies leading the suit don't have standing because the products are federally illegal.

Response attached | Read full article » | Save to favorites »

Justices Told To Not Review Who Can Protest Gov't Contracts

By Ganesh Setty

A company selected for a $376.4 million military contract urged the U.S. Supreme Court to not disturb the Federal Circuit's decades-old statutory interpretation that an "interested party" in procurement disputes is restricted to actual or prospective bidders.

2 documents attached | Read full article » | Save to favorites »

4th Circ. Probes Limit Of HIV-Positive Military Hopefuls' Suit

By Abigail Harrison

A federal appellate judge on Tuesday repeatedly pressed an attorney representing people who were denied admission to the U.S. military due to an HIV diagnosis, asking him to explain why his argument wouldn't force the U.S. Department of Defense to accept anyone with a medically controlled, chronic condition.

Read full article » | Save to favorites »

IRS Provides Guidance On Health Savings Account Expansion

By Asha Glover

The IRS provided guidance Tuesday on new tax benefits for Health Savings Account participants, including a provision making bronze and catastrophic plans available through the Affordable Care Act marketplace HSA-compatible, even if they don't meet the definition of a high-deductible health plan.

Notice attached | Read full article » | Save to favorites »

DOJ Defends Mandatory Immigration Detention In Class Suit

By Tom Lotshaw

The Trump administration defended its decision to subject unauthorized immigrants to mandatory detention during removal proceedings, telling a Colorado federal judge a conditionally certified class of detained noncitizens challenging the policy isn't entitled to a judgment declaring it unlawful.

Response attached | Read full article » | Save to favorites »

Brief

Feds Push For Dismissal Of H-2A Wage Rule Suit

By Tom Lotshaw

The Trump administration asked a Florida federal judge to dismiss a suit challenging a Biden-era rule that boosted wages for foreign H-2A farmworkers, saying the case is moot after a Louisiana federal judge permanently blocked the rule nationwide.

Motion attached | Read full article » | Save to favorites »

More Than 160 State Lawmakers Call For BEAD Fund Release

By Christopher Cole

A bipartisan group of more than 160 state legislators wants the Trump administration to quickly release money from a $42.5 billion federal internet service deployment fund that hasn't been spent yet on deploying infrastructure.

Letter attached | Read full article » | Save to favorites »

Republican FCC Commish Signals More 'Delete' Reg Actions

By Christopher Cole

A Republican member of the Federal Communications Commission said Tuesday the agency is looking at even more ways to reduce clutter on the telecom regulatory landscape.

Read full article » | Save to favorites »

Brief

'Policy Corps' Aims To Promote Widespread US Connectivity

By Christopher Cole

A pair of public interest groups on Tuesday started a broad advocacy push for universal service reform and deploying more broadband to underserved areas.

Read full article » | Save to favorites »

Cannabis Stores Can't Sue Under RICO, 9th Circ. Rules

By Nate Beck

The Ninth Circuit on Tuesday backed a federal judge in tossing racketeering claims brought against a California city by a group of companies facing more than $5 million in local government fees under a contract to allow construction of six cannabis cultivation facilities.

Opinion attached | Read full article » | Save to favorites »

AI Evidence Rule Tweaks Encourage Judicial Guardrails

Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

Read full article » | Save to favorites »

Navigating The New Patchwork Of Foreign-Influence Laws

On top of existing federal regulations, an expanding wave of state legislation — placing new limits on foreign-funded political spending and new registration requirements for foreign agents — creates a confusing compliance backdrop for corporations that demands careful preplanning, say attorneys at BakerHostetler.

Read full article » | Save to favorites »

What US Can Learn From Brazil's Securities Arbitration Model

To allay investor concerns about its recent approval of mandatory arbitration clauses in public company registration statements, the U.S. Securities and Exchange Commission should look to Brazil's securities arbitration model, which shows that clear rules and strong institutions can complement the goals of securities regulation, say arbiters at the B3 Arbitration Chamber.

Read full article » | Save to favorites »

Rule Update May Mean Simpler PFAS Reports, Faster Timeline

The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.

Proposed Rule attached | Read full article » | Save to favorites »

Where DEI Stands After The Federal Crackdown In 2025

The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.

Read full article » | Save to favorites »

Recent Proposals May Spell Supervision Overhaul For Banks

A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.

Read full article » | Save to favorites »

How AI Exec Order May Tee Up Legal Fights With States

The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.

Read full article » | Save to favorites »

Bonus Spotlight

MoFo, Kellogg Hansen Exceed Prevailing BigLaw Bonus Scale

By Anna Sanders

Morrison Foerster LLP and boutique law firm Kellogg Hansen Todd Figel & Frederick PLLC both recently unveiled above-market bonuses, according to a MoFo in-house memo and a media report. 

Memorandum attached | Read full article » | Save to favorites »

Analysis

Hagens Berman's Novel DOJ Referral May Have Chilling Effect

By Emma Cueto

A Pennsylvania federal judge's unusual decision to refer prominent plaintiffs firm Hagens Berman LLP to the U.S. Department of Justice for possible criminal investigation over its pursuit of claims related to morning sickness drug thalidomide could have a chilling effect on lawyers' advocacy, law professors and attorneys said.

Read full article » | Save to favorites »

Trustee Says Winston & Strawn Is Liable For $1.7B Fintech Bust

By Lynn LaRowe

The trustee of the bankrupt self-styled "anti-woke" financial technology startup GloriFi said Winston & Strawn LLP shouldn't be allowed to escape a malpractice lawsuit over the company's $1.7 billion failure, saying the firm was a knowing participant in the allegedly unlawful activities of its then-CEO.

1 document attached | Read full article » | Save to favorites »

Consulting Co. Says Law Firms' Malpractice Cost It $10M

By Rachel Konieczny

A Colorado consulting company told a state court that an Am Law 200 firm and a now-dissolved law firm committed legal malpractice that cost the company $10 million in a lending transaction. 

Complaint attached | Read full article » | Save to favorites »

Uber May Win Sanctions On Atty Who Disclosed MDL Docs

By Bonnie Eslinger and Mike Curley

A California federal judge said Tuesday it appeared an attorney for plaintiffs claiming Uber failed to protect passengers from sexual assault "acted in a cavalier manner" with a protective order in the multidistrict litigation, but didn't rule on Uber's requests for monetary sanctions nor its bid to kick the attorney off the plaintiff steering committee.

Motion attached | Read full article » | Save to favorites »