Analysis

2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs

By Dylan Moroses

When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.

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Analysis

'Frankly, They're Irrelevant:' ABA Ratings In Trump's 2nd Term

By Courtney Bublé

The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.

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Justices Skeptical Of Tolling Supervised-Release Absconders

By Phillip Bantz

The U.S. Supreme Court appeared hesitant Monday to embrace the government's arguments that the "fugitive tolling" doctrine, which bans criminal defendants from earning credits to reduce prison sentences while they are not behind bars, should also be used to penalize defendants who abscond from supervised release.

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DC Circ. Seems Wary Of Trump Proclamation Curbing Asylum

By Nadia Dreid

At least two-thirds of a D.C. Circuit panel seemed to have doubts Monday about whether the Trump administration was at liberty to ban people from seeking asylum at the southern border or whether doing so flies in the face of the Immigration and Nationality Act.

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Trump Blocked Again From Sending Guard To Portland

By Dorothy Atkins

An Oregon federal judge on Sunday again blocked President Donald Trump from deploying federalized National Guard troops to Portland, finding after a bench trial that the federal government hasn't shown local protests of Trump's immigration policies constitute a "rebellion" or impede agents from executing laws to justify the Guard's deployment.

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OpenAI Sets Policy Against Legal, Medical Advice

By Y. Peter Kang

OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.

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Brief

DC Public Defender Funding To Halt Because Of Shutdown

By Courtney Bublé

Funding for public defender services in Washington, D.C., is about to run out as the government shutdown drags on, according to a recent letter from members of the D.C. Courts Joint Committee on Judicial Administration.

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Judge Reminds Gov't To Follow Media Rules In James Case

By Jared Foretek

A Virginia federal judge has reminded the parties in the government's alleged bank fraud case against New York Attorney General Letitia James not to publicly discuss grand jury proceedings after U.S. Attorney Lindsey Halligan texted with a reporter about the case in October.

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BofA Says It's Fielding 'Fair Access' Regulatory Inquiries

By Jon Hill

Bank of America Corp. has told investors it is facing government scrutiny tied to President Donald Trump's push to crack down on alleged political and religious discrimination by financial institutions.

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Calif. Can't Enforce 'Clean Trucks' Pact, Judge Says

By Linda Chiem

California cannot enforce a 2023 agreement that would have subjected heavy-duty truck manufacturers to stringent state emissions standards and stiff penalties for noncompliance, after a federal judge signaled that federal law likely preempts the Golden State's standards.

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Meat Giant JBS Inks $1.1M NY AG Deal Over Climate Claims

By Sarah Jarvis

New York Attorney General Letitia James announced Monday that JBS USA Food Co. and an affiliated holding company will pay $1.1 million to support climate-focused agriculture programs in the state as part of a settlement over allegations they misled the public about efforts to reduce their carbon footprint.

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DC Circ. Fight Grows Over Energy Dept.'s Coal Plant Order

By Keith Goldberg

The U.S. Department of Energy is facing an expanded challenge over its move to keep a Michigan coal-fired power plant open, as Illinois and Minnesota have asked the D.C. Circuit to overturn the agency's extension of its emergency order through Nov. 19.

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W.Va., Chamber Say NY Climate Superfund Law Is Preempted

By Juan-Carlos Rodriguez

States and business groups on Friday told a New York federal judge that the state Climate Change Superfund Act is preempted by the Constitution and the Clean Air Act and should be struck down.

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Colorado Judge Denies AbbVie's Bid To Block State Drug Law

By Zach Dupont

A Colorado federal judge denied AbbVie Inc.'s bid for a preliminary injunction, which would have barred the state from enforcing its laws and penalties surrounding federal 340B drug pricing.

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New Loan Forgiveness Rule Targets Trump Critics, States Say

By Julie Manganis

Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.

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5th Circ. Asks If New Review Needed For Texas Gas Facility

By Spencer Brewer

A Fifth Circuit panel pressed the Texas Commission on Environmental Quality to explain whether it can greenlight an extension for construction of a liquefied natural gas facility without again reviewing facility emissions, asking Monday what to do with language in the law seemingly calling for another review.

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Squires' First Orders Reject PTAB Petitions En Masse

By Dani Kass

U.S. Patent and Trademark Office Director John Squires, true to his word, rejected 13 petitions for inter partes review with no explanation, furthering the administration's controversial push toward narrowing the Patent Trial and Appeal Board's place in patent litigation. 

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Academics Back IP Rights For Generated Art At High Court

By Ivan Moreno

A group of 14 academics and legal experts is backing an appeal to the U.S. Supreme Court from a computer scientist seeking a copyright for artwork created by a computer system he developed, telling the justices in an amicus brief that the work-for-hire doctrine should extend to such generated works.

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5th Circ. Wary Of Greenlighting Texas Content Filter Law

By Spencer Brewer

A Fifth Circuit panel seemed wary of Texas' argument that it should decide the constitutional merits of a new state law that forces companies to filter content for underage users, saying Monday the district court ought to get a chance to hear more evidence.

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DOJ Probes Nexstar's $6.2B Deal For Tegna

By Matthew Perlman

The U.S. Department of Justice has requested additional information about Nexstar's planned $6.2 billion purchase of rival broadcast company Tegna, extending a waiting period that gives enforcers time to review the merger's impact on competition.

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Disney Blames Lack Of 'Good Faith' In YouTube Blackout

By Christopher Cole

Disney has sought to put the blame at YouTube's feet over the blackout of Disney programs on YouTube TV that stemmed from a breakdown of carriage talks, as the cable industry called for congressional reforms to stop future blackouts from happening.

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Black Man Granted New Trial In Mass. Over Lawyer's Bias

By Elizabeth Daley

A Black man who pled guilty to firearms offenses in 2018 after consulting with his lawyer — who was found to have made racist social media posts — is entitled to a new trial, Massachusetts' intermediate-level appeals court said Monday, unanimously reversing a lower court's decision.

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Trump Admin Seeks To Cancel Hearing In Union Case

By Adam Lidgett

The Trump administration is asking a District of Columbia federal judge to cancel an upcoming hearing over a bid to block an executive order ending the collective bargaining rights of two unions representing employees at the U.S. Patent and Trademark Office and the National Weather Service.

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Landlords Fight States' Objection To RealPage Settlements

By Isaac Monterose

A group of landlords urged a Tennessee federal court to reject arguments lodged by several attorneys general who criticized $141.8 million worth of proposed antitrust settlements that aim to resolve multidistrict litigation accusing the landlords of using property management software company RealPage Inc.'s technology for rent price fixing.

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DOJ Taps Hall Render Atty As UnitedHealth Merger Monitor

By Lauren Berg

The U.S. Department of Justice asked a Maryland federal judge Monday to appoint a Hall Render Killian Heath & Lyman PC shareholder as compliance monitor as part of the settlement allowing UnitedHealth Group's merger with Amedisys.

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Dems Demand FTC Probe Into Surveillance Co.'s Data Use

By Joyce Hanson

Two Democratic U.S. lawmakers urged the Federal Trade Commission on Monday to investigate Flock Safety over its purported failure to implement adequate cybersecurity measures, saying the surveillance technology company has exposed Americans' personal data to theft by hackers and foreign spies.

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Philip Morris To Pay $66M Under New Wash. Tobacco Deal

By Rachel Riley

Washington will receive $66 million from Philip Morris under a new settlement resolving long-running disputes over annual payments owed by the major tobacco company under a landmark multistate deal with tobacco producers in 1998 over public health costs, according to the Washington State Attorney General's Office.

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SafeSport Says Coach's Claims Fail After His Arbitration Win

By Elaine Briseño

U.S. Gymnastics officials have asked a New Jersey federal court to toss the lawsuit brought by a coach who was temporarily suspended over abuse allegations, arguing he lacks standing to bring his case in court since he was reinstated following arbitration and there is no relief to provide.

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Mass. Justices Hint Charter Schools Must Obey Records Law

By Julie Manganis

Justices on Massachusetts' highest court on Monday appeared skeptical of arguments that a publicly funded charter school, unlike its city- and town-operated counterparts, is not subject to the state's public records law.

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US, China Agree To Cut Tariffs, Restrictions In Trade Truce

By Kevin Pinner

The United States and China have agreed to a one-year suspension of certain tariffs, export controls and retaliatory trade restrictions, according to statements by the White House and China's Ministry of Commerce.

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Williams & Connolly Loses FOIA Suit For Halkbank Documents

By Emilie Ruscoe

Federal agencies including U.S. Immigration and Customs Enforcement have fulfilled their obligations responding to certain Freedom of Information Act requests made by Williams & Connolly LLP in connection with its defense of Turkish state-owned bank Halkbank, a D.C. federal judge has determined.

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Tribes Push Supreme Court To Overturn Okla. Tax Ruling

By Jaqueline McCool

The Oklahoma Supreme Court incorrectly ruled that a member of the Muscogee Creek Nation owes Oklahoma income tax, groups representing Native American tribes told the U.S. Supreme Court, asking the justices to hear the case and reverse the ruling.

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Fla. Pain Doc Was 'Pawn' In Kickback Scheme, 11th Circ. Told

By David Minsky

A Florida pain management doctor on Monday urged the Eleventh Circuit to reverse his conviction in a conspiracy to accept kickbacks for prescribing a liquid fentanyl drug, arguing that he was merely a "pawn" in the scheme.

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DC Circ. Questions Tribe's Bid To Exclude 1929 Descendants

By Jared Foretek

A panel of D.C. Circuit judges expressed skepticism that a group of California Valley Miwok Tribe members can exclude a wide swath of the organization when drafting a tribal constitution, pressing an attorney for the members on seeming contradictions in their view of the government's role in the process.

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Tribe, Coalition Fight 9th Circ. Bid To Nix Ariz. Land Exchange

By Crystal Owens

An Apache tribe and conservation groups are fighting a Ninth Circuit bid to dismiss their efforts to block a 2,500-acre land exchange within Tonto National Forest, saying the federal government and mining company's arguments inaccurately center on a sentence in the 2014 Southeast Arizona Land Exchange and Conservation Act.

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Mo. Health Officials Issue Warning On Kratom Extract 7-OH

By Sam Reisman

Missouri health officials have issued a statewide alert warning consumers about the dangers of 7-hydroxymitragynine, or 7-OH, a loosely regulated opioid-like alkaloid derivative of the kratom leaf that is present in numerous consumer products.

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Wireless Builders' Group Names New Top Strategist

By Christopher Cole

The Wireless Infrastructure Association on Monday named a veteran market analyst to provide technical and strategic advice to the industry group.

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DC Circuit Charts Path On FERC Orders In Loper Bright Era

The D.C. Circuit's recent decision in Solar Energy Industries Association v. Federal Energy Regulatory Commission, upholding the agency's assessment of a power production facility's output, laid out an approach for addressing statutory interpretation in FERC appeals in light of the U.S. Supreme Court's game-changing Loper Bright decision, say attorneys at Bracewell.

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A Shift To Semiannual Reporting May Reshape Litigation Risk

While the U.S. Securities and Exchange Commission's proposed change from quarterly to semiannual reporting may reduce the volume of formal filings, it wouldn't reduce litigation risk, instead shifting it into less predictable terrain — where informal disclosures, timing ambiguities and broader materiality debates will dominate, says Pavithra Kumar at Advanced Analytical Consulting Group.

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DOJ's UnitedHealth Settlement Highlights New Remedies Tack

The use of divestitures and Hart-Scott-Rodino Act compliance in the recent U.S. Department of Justice settlement with UnitedHealth Group and Amedisys underscores the DOJ Antitrust Division's willingness to utilize merger remedies under the second Trump administration, say attorneys at Buchanan Ingersoll.

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SEC Crypto Custody Relief Offers Clarity For Funds

A recent U.S. Securities and Exchange Commission staff letter supplies a workable path for registered investment advisers and funds seeking to offer crypto custody services by using state trust companies, and may portend additional useful guidance regarding crypto custody, say attorneys at Morgan Lewis.

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When Atty Ethics Violations Give Rise To Causes Of Action

Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.

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Goodwin Requiring 4 Days In Office, But Removes Tracker

By Anna Sanders

Goodwin Procter LLP will stop using certain technology to monitor in-office attendance while joining a growing list of BigLaw firms requiring U.S. attorneys to work in person at least four days a week, according to a memo obtained by Law360 Pulse.  

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ABA Changes DEI Scholarship Requirement Amid Lawsuit

By Emily Sawicki

A law school scholarship once meant for a "member of an underrepresented racial and/or ethnic minority" is now open to applicants who "have demonstrated a strong commitment to advancing diversity, equity, and inclusion," according to a change broadcast by an organization suing the American Bar Association over the scholarship's "categorical exclusion" of whites.

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Cannabis Cos. Allege Hinckley Allen Malpractice Cost $25M

By Adrian Cruz

A group of cannabis companies have claimed that Hinckley Allen & Snyder LLP's alleged malpractice stemming from the purported decision to prioritize the personal interests of a manager in a 2017 investor suit ended up costing them over $25 million in damages.

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Feature

The Lone Ranger Facing A BigLaw Powerhouse At High Court

By Jeff Overley

It might seem curious for a solo practitioner to decline offers of professional assistance in his first U.S. Supreme Court case. It might seem risky to go it alone against a BigLaw team led by an appellate icon. But a legal lone ranger arguing Tuesday at the high court is feeling confident, and he does have a friend proofreading briefs, just to be safe.

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Feds Defend Cases Against James Comey, Letitia James

By Lauren Berg

The U.S. Department of Justice on Monday took a swing at bids by former FBI Director James Comey and New York Attorney General Letitia James to get their indictments thrown out, telling a federal judge the appointment of interim U.S. Attorney Lindsey Halligan was valid.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz and Jeff Montgomery

From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.

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Roundup

The Top In-House Hires Of October

By Michele Gorman

Legal department hires over the past month included high-profile appointments at Starbucks, Hertz and Fannie Mae. Here, Law360 Pulse looks at some of the top in-house announcements from October.

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