Dems Block Crypto Bill Over Ethics Concerns

By Courtney Bublé

The Senate on Tuesday failed to clear a procedural hurdle for the Clarity Act, which was primed to be the first comprehensive federal regulatory framework for digital asset markets, as Democrats said the ethics guardrails were not strong enough.

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Washington Sen. Murray Vows To Block Trump US Atty Pick

By Courtney Bublé

President Donald Trump's nominee to be U.S. Attorney for the Western District of Washington is under fire from one of the home state senators who vowed to use every avenue possible to block him.

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Justices Asked To Resolve Cannabis Dormant Commerce Split

By Sam Reisman

A California litigator's campaign of lawsuits alleging that state and local cannabis regulatory regimes violate the U.S. Constitution's dormant commerce clause has culminated in a petition for a writ of certiorari which appeared on the U.S. Supreme Court's docket Tuesday.

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7th Circ. Debates Federalism, Bad-Faith Prosecution Limits

By Celeste Bott

A case deemed moot by the Seventh Circuit nonetheless drew commentary Monday from several judges on the court, with four calling an injunction that blocked Florida from pursuing a state court suit over youth gender-affirming care a "grievous blow" to federalism, while others said federal intervention is a "constitutional safety valve" against bad-faith prosecutions.

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4th Circ. Appears Split On Reviving Comey, James Indictments

By Jared Foretek

Partisan splits were apparent Tuesday on the Fourth Circuit panel hearing the Trump administration's challenge to a federal district judge's dismissal of the indictments of former FBI Director James Comey and New York Attorney General Letitia James, with two of the three judges appearing to agree an improper appointment doomed the cases.

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DC Judge Blocks 2nd Trump Naming Effort At Kennedy Center

By Jared Foretek

A D.C. federal judge rejected the Kennedy Center's latest effort to put President Donald Trump's name on the building's facade Tuesday, saying yet again that the performing arts center's board can't memorialize anyone but John F. Kennedy at the facility without Congress' say-so.

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DC Circ. Queries Feds On Immigrant Truck Driver Restrictions

By Linda Chiem

D.C. Circuit judges on Tuesday questioned whether the U.S. Department of Transportation reasonably justified the safety rationale for new restrictions on commercial driver's licenses for foreign truckers or whether it disproportionately relied on individuals' immigration status to promulgate an "exclusionary" rule.

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Mich. Man Sues City Over Removal From Public Forum

By Melanie Dorsey

A Palestinian American man has sued the city of Eastpointe, Michigan, alleging its officials violated his First Amendment and civil rights by removing him from a public forum after he silently displayed a sign accusing the city council of complicity in the war in Gaza.

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4th Circ. Unsure How To Weigh NC Ban On Ballot Selfies

By Hayley Fowler

A Fourth Circuit judge on Tuesday said a voter and the North Carolina State Board of Elections are arguing a tale of two cases in a free speech fight over the Tar Heel state's ban on ballot selfies, saying neither side appears to be in agreement about what level of judicial review to use.

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Justices Told DHS Voter Citizenship Database 'Unprecedented'

By Katie Buehler

The U.S. Supreme Court should reject the Trump administration's bid to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's election, a voting rights group told the court Tuesday, arguing that the administration unlawfully reinterpreted several statutes to claim that Congress authorized the changes.

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Walmart, Retail Groups Doubt Value Of $200B Swipe Fee Deal

By Aneeta Mathur-Ashton

Major retail trade associations and Walmart are objecting to a $200 billion settlement over Visa and Mastercard swipe fees in New York federal court, saying the court should decertify the class or at least allow opt-outs so merchants can preserve "valuable claims that class counsel are trading away for nothing."

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Bessent Teases Higher AML Reporting Thresholds For Banks

By Jon Hill

U.S. Treasury Secretary Scott Bessent told a U.S. House panel on Tuesday that the Trump administration is moving toward relaxing longstanding transaction reporting requirements for banks as part of its broader push to overhaul federal anti-money laundering rules.

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4th Circ. Probes Party Standing Over FERC Grid Planning Rule

By Ganesh Setty

The Fourth Circuit on Tuesday appeared inclined to uphold the Federal Energy Regulatory Commission's broad grid planning overhaul amid a raft of challenges from certain states, transmission providers and consumer advocates, with standing issues taking center stage.

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AG Pushes Data Center Rates To Protect NC Customers

By Elaine Briseño

The attorney general of North Carolina urged the state's Utilities Commission to create a new rate class for Duke Energy's data center customers, saying it would ensure they pay their fair share of energy use.

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Judge Bars Oregon Steelhead Stocking In North Santiam River

By Tom Lotshaw

A federal judge has ordered Oregon to stop releasing non-native summer steelhead into the North Santiam River for recreational fishing until the National Marine Fisheries Service updates a flawed opinion on the harms the hatchery-raised fish may pose to native winter steelhead.

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Montana Seeks To Drop Bison Plan Suit Amid New Review

By Crystal Owens

Montana is asking a district court to voluntarily dismiss its challenge to the federal government's Yellowstone National Park bison management plan, saying the National Park Service's initiation of a supplemental environmental impact statement could resolve the lawsuit's claims.

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Alaska Judge Defers To Army Corps In Gold Mine Permit Row

By Tom Lotshaw

An Alaska federal judge has told tribal and environmental groups that they failed to show the U.S. Army Corps of Engineers improperly approved a Clean Water Act permit allowing JT Mining Inc. to develop access to a mineral exploration site on privately owned land in Lake Clark National Park.

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DOJ Says Fed Law Preempt Colo., Denver Efficiency Mandates

By Rae Ann Varona

The Trump administration told a Colorado federal court Tuesday that federal law preempts Colorado and the city of Denver's regulations on greenhouse gas emissions from buildings, backing a magistrate judge who recommended that a lawsuit challenging the regulations proceed.

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1st Circ. Suggests Appeal In Drug Rebate Case May Be Moot

By Carolyn Muyskens

A First Circuit panel raised mootness concerns as it heard arguments Tuesday from drug companies appealing a ruling that prevented them from intervening in a now-dismissed case to defend a rebate model for a federal drug-pricing program. 

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8th Circ. Revives Doctor's Suit Over COVID Speech Probes

By Gianna Ferrarin

An Eighth Circuit panel on Tuesday revived a doctor's suit seeking an order limiting a Minnesota state medical board's ability to investigate him for his public statements related to the COVID-19 pandemic, finding a district court "set the bar too high" at the dismissal stage.

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FDA Seeks Applications For Project To Speed Up Human Trials

By Dan McKay

Federal regulators on Tuesday launched a pilot program that will pair pharmaceutical companies with research institutions in an effort to make it faster and easier to conduct clinical trials on humans in the United States.

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Connecticut Wins Fight Over School Vaccine Exemptions

By Aaron Keller

Connecticut has won the dismissal of a challenge to its mandatory school vaccination laws, beating through both litigation and legislative amendments allegations by parents that the state's rollback of vaccine exemptions violated religious freedom statutes and the state and federal constitutions.

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Mich. AG Says PBMs Put Opioid Profits Before Patient Safety

By Susan Smiley

Michigan Attorney General Dana Nessel has asked a federal court not to dismiss the state's lawsuit accusing pharmacy benefit managers including Express Scripts and Optum of abetting the opioid epidemic, arguing the PBMs are not passive administrators, but profit-driven architects of the crisis.

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States Say DOJ Trans Care Crackdown Is Unconstitutional

By Madeline Lyskawa

States suing the Trump administration have urged a Massachusetts federal judge to strike down directives calling for providers of gender-affirming care to be investigated and prosecuted by the U.S. Department of Justice, arguing the directives are arbitrary and capricious and violate the Tenth Amendment.

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Justices Urged To Leave Global Copyright Ruling Intact

By Elliot Weld

A Louisiana songwriter has asked the U.S. Supreme Court not to touch a ruling that allowed him to recover worldwide rights to the 1960s hit song "Double Shot (Of My Baby's Love)," saying a group of music companies had rushed the issue to the justices when only a single circuit court had weighed in.

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NYC Asks 2nd Circ. To Greenlight Uber, Lyft Deactivation Law

By Dorothy Atkins

New York City has urged the Second Circuit to lift an injunction blocking a municipal ordinance prohibiting Uber and Lyft from "deactivating" drivers without formal notice and investigation, arguing that the lower court wrongly found that the companies would likely win their contract claims.

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College Sports Overhaul Looms Closer After Senate Vote

By Alex Lawson

The U.S. Senate on Tuesday advanced a bill that would impose sweeping regulations on college sports, teeing up a lively legislative debate as the NCAA looks to ward off a wave of antitrust lawsuits.

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GOP Bill Would Limit International College Athletes On Roster

By Elaine Briseño

Two Republican lawmakers have introduced a bill to amend the Higher Education Act by capping the number of international students on varsity sports teams at 20%, saying the limit is needed to protect opportunities for American students.

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Lender Alleges Housing Official Ran $2.4M Ponzi Scheme

By Aaron Keller

A real estate investment firm has accused the former executive director of a Connecticut town's housing authority of operating a Ponzi scheme that caused a $2.4 million loan to "vanish," alleging he and an associate made fraudulent assurances about proposed bonds, account balances, property values and other financing.

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Trump Taps Ex-DOL Official To Serve As EEOC Top Cop

By Anne Cullen

The White House nominated a former Morgan Lewis & Bockius LLP attorney who previously led the U.S. Department of Labor's contractor compliance arm to serve as the general counsel of the U.S. Equal Employment Opportunity Commission.

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TikTok Pay Scale Suit On Pause Pending Wash. Appeal

By MJ Koo

A Washington state court has extended a stay in a proposed class action accusing TikTok of omitting salary information from job postings, keeping the case paused while an appeals court considers whether a key provision of the state's pay transparency law applies retroactively.

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FTC Chair Wary Of AI's Dual Push For Regs, Antitrust Shield

By Bryan Koenig

Federal Trade Commission Chair Andrew Ferguson cast doubt Tuesday on the sincerity of artificial intelligence companies asking Washington for more safety regulations even as they seek antitrust exemptions so they can agree to AI development limits.

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DOJ Says States Could Owe Bond In Paramount Merger Case

By Hailey Konnath

The U.S. Department of Justice said Tuesday that a coalition of state attorneys general and the Writers Guild of America could indeed be required to put up a bond as they challenge Paramount's acquisition of Warner Bros. Discovery, but only if the order they secured truly constitutes an injunction.

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OpenAI Wants To See Details Of SpaceXAI's Deal With Apple

By Craig Clough

OpenAI filed an emergency motion Tuesday in Texas federal court seeking the details of a settlement SpaceXAI inked this week with Apple over claims that Apple's deal to integrate ChatGPT into the iPhone violated antitrust law, saying the terms of the deal may undermine the antitrust allegations SpaceXAI is still pursuing against OpenAI.

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No Pause Needed In Daniel's Law Cases, 3rd Circ. Told

By George Woolston

Atlas Data Privacy Corp. urged the Third Circuit to reject a bid to pause discovery in consolidated litigation over New Jersey's judicial privacy law as the appeals court considers a First Amendment challenge to the statute, arguing the defendant data brokers failed to show irreparable harm.

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Brothers Seek Justices' Clarity After Losing Stolen Skull Suit

By Lauraann Wood

Two brothers who lost their bid to hold an Illinois county liable for a former coroner's secret skull-collecting practices asked the U.S. Supreme Court Monday to use their case as the vehicle for settling a deep circuit split they say a recent Seventh Circuit ruling "cemented."

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5th Circ. Backs Toss Of Texas Law Firm's Pandemic Loan Bid

By Zak Kostro

The Fifth Circuit upheld the U.S. Small Business Administration's denial of a Texas law firm's bid for forgiveness of a Paycheck Protection Program loan of about $249,000 due to the firm's failure to disclose a pending criminal complaint against its owner.

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Trade Court Upholds Commerce's New Mexican Pipe Duty Test

By Dylan Moroses

The U.S. Department of Commerce reasonably revised its pricing analysis for Mexican exporters of certain pipes and tubes following a Federal Circuit ruling that outlawed the previously used price calculation methodology, according to an opinion issued by the U.S. Court of International Trade.

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Trade Court Orders Better Explanation For Indian Glycine Rate

By Jack McLoone

The U.S. Department of Commerce must give a better explanation for why it chose to hit an Indian exporter of glycine with an antidumping duty rate it reached using a different calculation method than expected, the U.S. Court of International Trade ruled.

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Next Tariff Refund Phase To Deploy Next Month, CBP Says

By Dylan Moroses

U.S. Customs and Border Protection's next phase for its system administering tariff refunds for duties struck down by the U.S. Supreme Court will deploy Oct. 6, according to a declaration filed Tuesday in the U.S. Court of International Trade.

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Brief

Commerce Orders Duties On Chinese Feed Additive

By Jack McLoone

The U.S. Department of Commerce ordered antidumping and countervailing duties on animal feed-grade additive from China on Tuesday after the product was found to be sold at unfair prices and to be harming domestic industry.

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Brief

EU Parliament Approves Armenian Tariff Relief

By Dylan Moroses

The European Parliament voted Tuesday to approve tariff reductions for a series of goods entering the bloc from Armenia, according to a news release.

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EU States Resist Taxing Electricity No More Than Natural Gas

By Kevin Pinner

Many European Union member states are opposed to a draft regulation that would require them to keep tax rates on electricity no higher than on natural gas and to adopt a tax framework supporting electricity more generally, according to comments obtained by Law360 on Tuesday.

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Fla. Judge Won't Pause Trump-IRS Settlement Sanctions

By Jack McLoone

The Florida federal judge who barred President Donald Trump and others from citing a settlement resolving what she characterized as a sham $10 billion case against his own Internal Revenue Service won't pause her sanctions order while the president appeals to the Eleventh Circuit.

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DC Circ. Vexed Over Migrant Kid Sponsor Approval Timeframe

By Nadia Dreid

The D.C. Circuit tore into the Trump administration Tuesday morning after a government attorney refused to answer how long an Office of Refugee Resettlement approval of a sponsor for an "unaccompanied" child lasts, even when the court whittled the time down to a matter of hours.

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Judge Halts 'Catastrophic' Fixed-Term Student Visa Rule

By Chris Villani

A Massachusetts federal judge Monday blocked a Trump administration rule that would have imposed restrictions on foreign student visas, finding that the federal government's purported justification for the sweeping new rules is weak and "borders on the absurd."

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Nadine Menendez Deadline Relief Bid Deemed Moot

By Carla Baranauckas

A New York federal judge on Tuesday denied as moot Nadine Menendez's request for 90 more days to file a potential challenge to her prison sentence after prosecutors said she misunderstood the deadline and still had plenty of time to seek relief.

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Ex-Dem Rep. Gets Time Served In Benefits Fraud Scheme

By David Aaro

Former Georgia state Rep. Dexter Sharper has been sentenced to time served by a federal judge who also ordered him to pay back thousands of dollars in unemployment benefits he lied to collect during the coronavirus pandemic.

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Feds Fight Ex-Fla. Rep's Bid For Time Served In FARA Case

By Carolina Bolado

Federal prosecutors urged a Florida federal judge on Monday to reject ex-Florida Rep. David Rivera's request for a sentence of time served after he was found guilty of failing to register as a foreign agent after signing a $50 million contract with a unit of Venezuela's state-owned oil company.

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9th Circ. Backs Tribe In Casino Fight, Questions Joinder Rule

By Crystal Owens

A Ninth Circuit panel has rejected a group of Anchorage, Alaska, residents' appeal to undo an order finding the Native Village of Eklutna immune from their lawsuit seeking to block a casino development, with two judges expressing some doubt over a tribe's ability to be joined in a lawsuit.

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Cruz Delays FCC Nom's Hearing Amid Calls To Add Dem Pick

By Christopher Cole

A bevy of civil rights organizations said Tuesday the U.S. Senate should hold off on confirming another Republican to the Federal Communications Commission unless a sitting FCC Democrat is renominated to her post.

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FCC Seeks Input On Disputed Political Ad Rate Policy

By Christopher Cole

Federal Communications Commission staff on Tuesday sought comment on whether to set aside earlier guidance calling for the "lowest unit" rate for committee-backed political ads as the Fourth Circuit considers a Democratic bid to force the commission to review the policy.

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New Del. Corp. Law's Technical Tweaks Bring Broad Changes

While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

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2 Cases Shed Light On Invoking The 5th Before Congress

Given the anticipated increase in congressional investigations following the midterm elections, those who anticipate being in Congress' spotlight can draw valuable Fifth Amendment lessons from the ongoing case involving Dr. Anthony Fauci's testimony and the D.C. Circuit’s recent ruling in de la Torre v. Cassidy, say attorneys at King & Spalding.

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CMS Rule, DOJ Probes Deepen Gender Care Compliance Risk

The Centers for Medicare & Medicaid Services' final rule restricting Medicaid funding for hospitals that provide gender-affirming care is likely to face immediate litigation, but the CMS rulemaking is already working alongside U.S. Department of Justice's enforcement campaign to create operational risk for providers, say attorneys at Arnall Golden.

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What To Expect From Colorado's New Artist Co. Structure

Colorado's newly established class of artist companies, or A-Corps, provides a useful structure for small-scale ventures, but challenges could arise for more complex business plans, and limitations on investor participation may limit widespread adoption, say attorneys at Armstrong Teasdale.

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How Trucking Cos. Can Tackle Risk From New DOJ Task Force

Trucking companies should audit their drivers’ credentials and address risk areas lest they attract the attention of the new Justice Department-led task force against the fraudulent licensing of immigrants as commercial truckers, which is turning former questions of administrative or regulatory noncompliance into matters for federal prosecution, say attorneys at RJO.

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Responding To State Packaging Law Uncertainty

As states roll out new packaging and recycling mandates, companies face expanding compliance duties and a growing wave of constitutional challenges that offer key lessons for managing regulatory risk, say attorneys at Crowell & Moring.

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AG Watch: Oregon Targets Consumer Costs

Oregon Attorney General Dan Rayfield's challenges to bank interest rate and escrow preemption signal heightened scrutiny of consumer costs for lending services, requiring financial institutions serving Oregon and other states with opt-out laws to reassess compliance risk, says Keturah Taylor at Cozen O'Connor.

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Brief

Senate Panel Weighs 6 Trump Judicial Picks From Red States

By Courtney Bublé

Six nominees for U.S. district judge appeared before the Senate Judiciary Committee on Wednesday for their nomination hearing.

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Burford Exec, Holland & Knight Adviser Open AI-Native Firm

By Andrea Keckley

Two veterans of the legal industry announced on Wednesday that they have teamed up to launch FairPlay Law, an AI-native firm based in Manhattan and focused on representing employees.

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Montgomery McCracken Adds Ex-NJ Judge To ADR Practice

By Jake Maher

Montgomery McCracken Walker & Rhoads LLP has added a retired New Jersey Superior Court judge of 13 years as a senior counsel in Cherry Hill, who specializes in alternative dispute resolution, the firm has announced.

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Trembly Law Absorbs Miami Probate Firm Get Ahead Legal

By Madison Arnold

Estate planning firm Get Ahead Legal has merged with the Miami-based Trembly Law Firm.

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Michael Best Combines With NY-Based Kane Kessler

By Kevin Penton

Michael Best & Friedrich LLP announced Wednesday that it is combining with New York-based firm Kane Kessler PC, adding 36 attorneys and a Big Apple presence to a firm that ranked 143rd on Law360's list of the nation's largest law firms.

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Crowell & Moring Adds Ex-DOJ, FTC Antitrust Attys In DC, NY

By Alison Knezevich

Crowell & Moring LLP on Wednesday announced the hiring of two former enforcement attorneys from the U.S. Department of Justice and the Federal Trade Commission for its antitrust and competition group, with the firm saying it plans more growth of the practice soon.

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Weil Names New Corporate Leaders After Dept. Chair's Exit

By Anna Sanders

Weil Gotshal & Manges LLP has named two longtime private equity and mergers and acquisitions partners as the next corporate department co-chairs, promising to expand the headcount and breadth of the practice group after the former head left for Cravath Swaine & Moore LLP last week. 

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Kirkland Adds Real Estate Partner From HSF Kramer Team

By Nate Beck

Kirkland & Ellis LLP has hired a Herbert Smith Freehills Kramer LLP attorney as a partner in its real estate group. 

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Newman Saga Prompts Bill To Limit Judicial Suspensions

By Courtney Bublé

The long-running saga over Federal Circuit Judge Pauline Newman's fitness to remain on the court has exposed "major flaws" in the judicial accountability system, according to a Republican member of the House who introduced a bill Wednesday to reform it.

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Colo. Firm Accused Of Withholding 33% Malpractice Fee

By Zach Dupont

A New York attorney claimed a personal injury firm won't pay the 33% portion of an attorney fee he is owed from a settlement in a medical malpractice lawsuit in violation of a written agreement between the parties, according to a complaint filed in Colorado federal court.

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