Analysis

Anthropic Copyright Ruling May Spur More AI Licensing Deals

By Ivan Moreno

The first federal court decision on the fairness of taking copyrighted material to train generative artificial intelligence is a mixed outcome for tech companies and content creators that could prompt both parties to seek coexistence, according to attorneys, with the judge concluding that while the technology is "spectacularly" transformative, using pirated material is inexcusable.

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4th Circ. Tosses Trans Man's Appeal Over Canceled Surgery

By Grace Elletson

The Fourth Circuit declined to revive a transgender man's constitutional claims against a religious hospital run by the University of Maryland Medical Center over a canceled hysterectomy for gender dysphoria, concluding Tuesday that it couldn't grant further relief, and refused to consider a "late-breaking" argument for emotional distress damages.

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5th Circ. Says EPA Ignored Cos. To Push Efficiency Testing Rule

By Spencer Brewer

The Fifth Circuit has thrown out part of a U.S. Environmental Protection Agency rule for determining measures for fuel efficiency, finding Tuesday that the agency used a faulty methodology to justify tightening standards and outright ignored comments when creating the rule.

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2nd Circ. Tells Feds To 'Facilitate' Another Deportee's Return

By Lauren Berg

The Trump administration must "facilitate the return" to the U.S. of a man deported to El Salvador in violation of an order blocking his removal, the Second Circuit ruled Tuesday, citing a U.S. Supreme Court decision backing the return of a Maryland man improperly deported to a Salvadoran prison.

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Trump Hones Immunity Argument In 2nd Circ. Carroll Appeal

By Pete Brush

Counsel for President Donald Trump told the Second Circuit on Tuesday that he did not "unequivocally and explicitly" waive presidential immunity before a jury awarded writer E. Jean Carroll $83.3 million in their defamation battle, refining the theory that he cannot be held liable.

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Judiciary Warns Congress Of Cyber Risks To PACER

By Courtney Bublé

PACER, the online public repository of federal court documents, is vulnerable to cyberthreats, a top judiciary official told members of Congress on Tuesday.

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Visa Can't Duck DOJ's Debit Card Monopoly Case

By Matthew Perlman

A New York federal court has refused to throw out the U.S. Department of Justice's case accusing Visa of illegally maintaining a monopoly over debit card networks, rejecting arguments about the market at issue, discounts offered and the scope of deals with would-be competitors.

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Powell Says Leverage Rule Revamp Won't Exclude Treasuries

By Jon Hill

Federal Reserve Chair Jerome Powell told House lawmakers Tuesday that a forthcoming plan to revamp big-bank leverage limits won't exempt U.S. Treasuries from their calculation, a potential disappointment for financial-sector lobbies that hope to resurrect the pandemic-era carveout. 

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GOP Senators Unveil Crypto Market Framework Principles

By Sarah Jarvis

Senate Republicans on Tuesday morning released a set of principles to guide the development of digital asset market structure legislation, their latest push toward regulating the cryptocurrency space following their passage of stablecoin legislation last week.

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NJ Bank, DOJ Push To End Redlining Deal Amid Opposition

By Sydney Price

Lakeland Bank and the U.S. Department of Justice urged a New Jersey federal judge to reject a brief from three fair housing groups opposing the early termination of the bank's $13 million redlining settlement, arguing the groups' call for housing discrimination accountability is irrelevant to the settlement's termination.

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Ex-Inmate's Debit Fee Class Action Cleared For Trial

By Rachel Riley

A jury should decide if a former jail inmate was forced to accept a prepaid debit card and pay related fees when his money was returned to him upon release, a Washington federal magistrate judge said on Tuesday, advancing a class action against Central Bank of Kansas City.

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Colo. Justices Order Fraud Retrial Over Legal Advice Hearsay

By Cara Salvatore

Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness."

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Wash. Judge Blocks Trump Admin's EV Charging Funds Freeze

By Lauren Berg

A Seattle federal judge Tuesday issued a preliminary injunction blocking the Trump administration from withholding funds for electric vehicle charging infrastructure projects in 14 states, but stopped short of applying it to two other states and Washington, D.C., and stayed the order to give the administration time to appeal.

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Mich. Court Says Nonprofit Can't Co-Own Power Project

By Danielle Ferguson

A Michigan state appellate court on Monday found that the Michigan Public Power Agency's electric transmission lines lack the physical connection required under a 2021 law to co-own two new electric grid upgrade projects, marking the first time an appellate court has tackled the relatively new infrastructure statute.

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Green Group Sues Forest Service Over NH Logging Project

By Juan-Carlos Rodriguez

A green group on Monday asked a New Hampshire federal court to strike down the U.S. Forest Service's approval of a White Mountain National Forest logging project that the group said didn't get the proper environmental review.

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Pollution Exclusion Applies Without Exception, AIG Unit Says

By Hope Patti

An AIG unit urged the Illinois Supreme Court to find that a permit or regulation allowing a company to discharge toxins into the environment has no bearing on the application of a pollution exclusion, saying "pollution is pollution" regardless of government authorization.

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Analysis

A Midyear Review: Healthcare Dealmaking Trends Of 2025

By Yeji Jesse Lee

Law360 Healthcare Authority reviews key trends that helped shape dealmaking activity in the healthcare industry so far this year.

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Motorola Fights Fintiv Memo Withdrawal At Fed. Circ.

By Adam Lidgett

Motorola is urging the Federal Circuit to reverse the decision of the U.S. Patent and Trademark Office's acting leader to not have the Patent Trial and Appeal Board review the company's challenges to a series of Stellar Inc. patents on glasses equipped with cameras.

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NTSB Flags Boeing Failures In 737 Max 9 Door Plug Blowout

By Linda Chiem

Poor training and persistent quality control lapses on Boeing's manufacturing and assembly lines, along with the Federal Aviation Administration's ineffective oversight of the plane-maker, led to the January 2024 door-plug blowout aboard a 737 Max 9 jet operated by Alaska Airlines, the National Transportation Safety Board said Tuesday.

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Arkansas Insurance Dept. Fights Teamsters Plan's ERISA Suit

By Emily Brill

The Arkansas Insurance Department is looking to sink a challenge to a state insurance regulation filed by a Teamsters healthcare plan, telling an Illinois federal judge that the regulation isn't preempted by the Employee Retirement Income Security Act and, besides, the plan can't sue the department.

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Mass. Condo Value Won't Get Reduced, Board Says

By Jaqueline McCool

The fair cash value of a Massachusetts condominium should not be lowered, the state Appellate Tax Board ruled, finding the owner failed to prove the property had decreased in value since she purchased it two months before.

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Brief

House Reps. Seek Copyright Protections For Building Codes

By Elliot Weld

Two members of Congress reintroduced a bill that would allow organizations that develop standards and codes for buildings to copyright their work so long as they offer a free version of the information.

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E-Verify Restrictions Are Not Preempted, Illinois Argues

By Lauraann Wood

The federal court handling the U.S. government's lawsuit targeting a recent Illinois statute restricting the use of electronic employment verification systems on prospective hires should reject the government's injunction request and dismiss the case instead, because the statute steers clear of federal immigration law, the state asserted.

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Bloomberg 2020 Staffers Say Campaign Broke Pay Pledge

By Julie Manganis

Former workers on Michael Bloomberg's 2020 presidential campaign said in a proposed class action filed in Massachusetts state court Tuesday that the media magnate and former New York City mayor reneged on a promise to keep them on the payroll through the general election.

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CMA Outlines Potential Fixes For Google Search In UK

By Matthew Perlman

Britain's competition authority on Tuesday proposed applying the country's new digital markets regime to Google's search service and said it is considering potential interventions, including requiring choice screens and setting rules for search rankings.

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Apple Assails 'Fundamentally Unfair' App Order At 9th Circ.

By Bryan Koenig

Apple urged the Ninth Circuit on Monday to nix a district court's "unduly punitive" mandate blocking it from charging any commission on iPhone app purchases made outside its systems, arguing an Epic Games injunction redux goes far beyond the original order and attacks conduct that's not illegal under California law.

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FTC Commish Says Enforcement Is The Way, Not Regulation

By Nadia Dreid

The newest member of the Federal Trade Commission was preaching less regulation and increased enforcement as the path toward a more just and competitive business landscape in the United States at a Senate antitrust subcommittee hearing Tuesday afternoon.

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Ga. Justices Hold Off On Considering Wrongful Death Cap

By Chart Riggall

The Supreme Court of Georgia declined Tuesday to consider whether the state's statutory cap on noneconomic damages can be applied to wrongful death suits, staving off for now a push by business lobbies to put a hard ceiling on plaintiffs' recoveries in such cases.

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Connecticut AG Seeks $7.7M Penalty For Ghost Gun Supplier

By Brian Steele

A supplier of ghost gun parts that promised customers "extreme discretion" should pay nearly $7.7 million in penalties to Connecticut for continuous violations of the state's unfair trade practices law, the attorney general's office told a state court Tuesday.

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Trump Admin Must Release NIH Funds Amid Appeal

By Julie Manganis

A Massachusetts federal judge on Tuesday denied the Trump administration's request to stay a recent order that it resume processing National Institutes of Health grant applications and releasing funds, warning that even one more day of delay would lead to irreparable harm.

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State AGs Sue Trump Admin To Stop Billions In Grant Cuts

By Rae Ann Varona

A coalition of 21 states and the District of Columbia filed suit Tuesday in Massachusetts federal court, accusing the Trump administration of unlawfully using a single clause "buried in federal regulations" to nix billions of dollars in federal grant funding to the states.

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GOP Budget Would Protect US From OECD Taxes, Rep. Says

By Stephen K. Cooper and Dylan Moroses

Senate tax writers working on the $3.8 trillion budget reconciliation bill should support its international tax provisions intended to protect U.S. multinationals from paying higher taxes under the OECD's framework, a House Ways and Means Committee member said Tuesday.

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Texas Narrows Discovery Allowance In Property Tax Appeals

By Jaqueline McCool

Texas district courts can't order discovery in property tax cases unless the discovery is requested by the appealing party under a bill signed by Gov. Greg Abbott. 

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Analysis

Pa. Tax Ruling Boosts Nonprofits' Competitive Edge, Attys Say

By Matthew Santoni

A recent Pennsylvania Supreme Court ruling clarifying that competitive executive compensation isn't a threat to the tax-exempt status for nonprofits has the added bonus of helping charities compete for and retain talent, attorneys tell Law360.

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UK Farmers Seek Judicial Review Of Inheritance Tax Changes

By Josh White

A group of farmers and family-owned businesses is taking the U.K. government to court over changes to the inheritance tax to remove exemptions for agricultural land, the firm representing the farmers announced Tuesday.

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NC Senate Backs $700M Boost For Hurricane Helene Recovery

By Hayley Fowler

The North Carolina Senate has signed off on a proposal to allocate another $700 million to the state's Hurricane Helene Disaster Recovery Fund, including $75 million for road and bridge repairs and $70 million to meet Federal Emergency Management Agency's state matching requirements.

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Judge Torn On Afghan, Cameroonian TPS Removal

By Jared Foretek

A Maryland federal judge appeared torn on how much — if anything — of the Trump administration's move to strip temporary protected status from Afghans and Cameroonians he could review Tuesday, with the government insisting that the termination was unreviewable and immigrant rights advocates claiming that the decision was arbitrary and capricious.

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Judge Slams Feds' Grant Terms In Sanctuary Funding Fight

By Britain Eakin

A California federal judge said federal grants that condition funding on states' cooperation with the Trump administration's immigration crackdown flout a court order blocking the administration from withholding funds from so-called sanctuary jurisdictions that limit their cooperation with federal immigration officials.

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Colo. Gov.'s Enforcement Of ICE Subpoena Called A 'Disaster'

By Zach Dupont

The state director who sued Colorado Gov. Jared Polis over an order to comply with a U.S. Immigration and Customs Enforcement subpoena said Tuesday in Colorado state court that the testimony given the day prior by a Polis appointee was not fully accurate.

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DHS Says District Court Defying Justices' Third Country Order

By Katie Buehler

The Trump administration asked the U.S. Supreme Court on Tuesday to clarify its order allowing the government to send noncitizens to countries they have no connection to with little or no prior warning, after a Massachusetts federal judge ruled the decision doesn't apply to men currently held at a U.S. military base in Djibouti.

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NY Denies School District's Bid To Delay Mascot Ban

By Crystal Owens

The New York State Education Department denied a deadline extension request by a Long Island school district to comply with the state's ban on the use of Indigenous mascots, telling the district's superintendent that the district has shown no good cause toward the law's compliance.

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Alaska Must Challenge Tribe's Gaming Hall In Home State

By Ali Sullivan

The state of Alaska must challenge federal approval for an Alaska Native tribe's gaming hall on its home turf and not in Washington, D.C., a D.C. federal judge ruled.

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AST Seeks FCC OK For Big Expansion Of Satellite Fleet

By Jared Foretek

AST SpaceMobile is seeking permission to launch hundreds of low-earth orbit satellites by the end of July to roll out its space-based cellular broadband network, which it says will eliminate coverage gaps and connect to standard smartphones across the country.

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Submarine Cable Cos. Seek Cautious FCC Reg Approach

By Nadia Dreid

Companies that run undersea telecommunications cables said they're worried the Federal Communications Commission might burden them with even more regulation than they already have to deal with, urging the agency to have a light touch when regulating the industry.

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Cable Cos. Push For Faster 'Self-Help' To Upgrade Poles

By Christopher Cole

Broadband providers need authority to quickly hire their own contractors to upgrade poles for service attachments if utilities that own the infrastructure can't get the work done quickly enough, a cable lobbying group told the Federal Communications Commission.

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Key House Republican Calls For Telecom Law Reforms

By Christopher Cole

A top House Republican called Tuesday for reform of the 1992 Cable Act and for loosening the Federal Communications Commission's limits on broadcast media ownership, which he says would help modernize telecommunications law.

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8th Circ. Rolls Back Block On Arkansas Hemp Law

By Sam Reisman

An Eighth Circuit panel on Tuesday overturned a lower district judge's decision blocking enforcement of a new Arkansas policy restricting hemp-derived intoxicating products, delivering a blow to the hemp industry's campaign to challenge state-led efforts to rein in its wares.

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Mich. Pot Shops Cut Constitutional Claims In License Fee Suit

By Danielle Ferguson

A group of pot shops agreed Monday to drop their constitutional claims alleging Grand Rapids' marijuana licensure program imposes illegal fees, a few days after a Michigan federal judge said the case belongs in her court because the pot companies' claims had federal interest.

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Medical Pot Backers Urge Neb. High Court To Scrap Challenge

By Sam Reisman

The campaign behind a successful effort to decriminalize and regulate medical marijuana in Nebraska is urging the state's highest court not to revive a legal challenge backed by state officials seeking to void the voter-approved legalization policies.

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Brief

Oakland County Prosecutor Jumps Into Michigan AG Race

By Carolyn Muyskens

Karen McDonald, a county prosecutor best known for charging the parents of a teenage school shooter, is running for Michigan attorney general, according to a Tuesday campaign announcement.

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How Ore. Law Puts New Confines On Corp. Health Ownership

A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.

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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

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Fla. Condo Law Fix Clarifies Control Of Common Areas

Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.

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The Legal Fallout Of The Open Model AI Ecosystem

The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.

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Shareholder Takeaways From NY Internal Affairs Doctrine Suit

A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.

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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

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Move Beyond Surface-Level Edits To Master Legal Writing

Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

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Kasowitz Rebrands Amid Shift To Streamlined Firm Names

By Andrea Keckley

Kasowitz Benson Torres LLP announced Tuesday that it is rebranding to Kasowitz LLP, becoming the latest firm to shorten its name.

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3rd Circ. Pick Told DOJ To Defy Courts, Whistleblower Says

By Courtney Bublé

A top career official at the U.S. Department of Justice who was fired has come forward with a whistleblower complaint alleging Third Circuit judicial nominee Emil Bove, who was acting deputy attorney general at the beginning of the year, sought to defy court orders.

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Former DOJ Antitrust Official Joins Latham

By Bryan Koenig

Latham & Watkins LLP on Wednesday announced the addition of a new D.C.-based antitrust partner with the hiring of Andrew Forman, a former deputy assistant attorney general in the U.S. Department of Justice's Antitrust Division who is rejoining private practice after three years of helping lead civil competition enforcement.

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Winston & Strawn Sues Hunter Biden For 'Unpaid Legal Fees'

By Alison Knezevich

Winston & Strawn LLP is suing Hunter Biden in Washington, D.C., alleging he owes the BigLaw firm more than $50,000 for legal work related to his federal criminal case in Delaware and other matters.

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Another Musk Case, Another Judge Recusal

By Bryan Koenig

A California federal magistrate judge on Tuesday became the latest federal judge to recuse from a case involving Elon Musk, this time stepping down from handling his lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise.

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ABA Announces New Research Into Attorney Mental Health

By Emma Cueto

The American Bar Association announced Tuesday it is launching a national research project on attorney mental health, which will provide an updated benchmark of the issue nearly a decade after its 2016 study.

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