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Public Policy
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July 02, 2025
GOP Reps. Want Probe Of RI Judge Blocking Funding Freeze
Two Republican U.S. House members have asked the First Circuit to investigate a Rhode Island federal judge who blocked a Trump administration spending freeze, claiming the judge's link to a funding recipient constitutes a conflict of interest, one of those congressmen's office confirmed to Law360 Pulse on Wednesday.
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July 02, 2025
Judge Tosses NJ Law Prof's Free Speech Suit For Good
A New Jersey federal judge has thrown out for good a law professor's free speech suit against Kean University over alleged controversial statements made in class, finding her twice-amended complaint contained no claims that state workplace policy infringes on her First Amendment rights.
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July 02, 2025
Trump Announces Trade Deal With Vietnam
The U.S. government reached a trade deal with Vietnam days before a pause on worldwide tariffs is set to expire, President Donald Trump announced Wednesday.
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July 02, 2025
DC Circ. Stands By Decision Nixing $7B Power Line Fight
The D.C. Circuit has rejected an en banc rehearing petition from Illinois landowners and farmers challenging the Federal Energy Regulatory Commission's decision to issue a license for the $7 billion Grain Belt Express transmission project, affirming an appellate panel and a district court's findings that the plaintiffs lack standing.
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July 02, 2025
Former FTC General Counsel Joins Orrick In New York
The former general counsel of the U.S. Federal Trade Commission has made the move to private practice at Orrick Herrington & Sutcliffe LLP in New York.
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July 02, 2025
Seattle Sued Over 'Unconstitutional' Affordable Housing Rules
A Washington construction company and two Seattle homeowners claimed in Washington federal court that the city's Mandatory Housing Affordability program is "unconstitutional," in part because it doesn't consider the public impact of housing projects and makes land-use permit applicants pay upzoning fees for the city's public housing fund.
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July 02, 2025
The Funniest Moments Of The Supreme Court's Term
After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
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July 02, 2025
Target Board Sued Over 2023 Pride Campaign 'Backlash'
Executives and directors of Target have been hit with a shareholder derivative suit in Minnesota federal court accusing them of damaging the company by implementing an LGBTQ+ pride-themed marketing campaign two years ago despite knowing the risk of "public backlash."
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July 02, 2025
Wisconsin High Court Narrowly Blocks 1849 Abortion Ban
The Wisconsin Supreme Court on Wednesday narrowly struck down an 1849 statute criminalizing abortion, finding that the law has been effectively replaced by more modern legislation regulating the procedure.
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July 01, 2025
NY Judge Blocks DHS From Ending Haitians' Protected Status
A New York federal judge on Tuesday blocked the Trump administration's bid for an early end to temporary deportation protection for certain Haitians escaping political instability and effects of natural disasters, saying the government's partial vacatur of the program in February was unlawful.
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July 01, 2025
NYT Says Palin Can't Get New Defamation Trial, Recusal
The New York Times urged a New York federal judge to refuse Sarah Palin's request for a new trial and judge after a jury rejected her defamation claims over a 2017 editorial, saying her arguments misunderstood circuit court rulings in the long-running case and skipped a procedural bar.
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July 01, 2025
4th Circ. Backs Order To Release Georgetown Academic
The Fourth Circuit on Tuesday denied the Trump administration's attempt to halt a Virginia federal court order requiring it to release a Georgetown University fellow from immigration detention, rejecting the government's claim that his lawsuit was filed in the wrong venue.
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July 01, 2025
CFPB Drops Navy Federal's Overdraft Fee Consent Order
The Consumer Financial Protection Bureau has spared Navy Federal Credit Union from having to refund potentially tens of millions of dollars in allegedly improper overdraft fees, quietly lifting a Biden-era consent order imposing that and other requirements as the agency's enforcement retreat deepens.
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July 01, 2025
State AI Law Moratorium Struck From Senate Budget Bill
The U.S. Senate on Tuesday voted overwhelmingly to cut a proposal that would have blocked states from regulating artificial intelligence for a decade from the budget reconciliation package after a deal to reduce the length and potential scope of the ban fell apart.
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July 01, 2025
9th Circ. Won't Revive Detainee's CIA Torture Suit
A Washington federal judge was right to dismiss a Guantánamo Bay detainee's tort claims against two psychologists who helped the CIA pioneer so-called enhanced interrogation techniques on him after the Sept. 11, 2001, terrorist attacks, a Ninth Circuit panel ruled.
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July 01, 2025
Supreme Court Taps Latham Atty In Campaign Spending Case
The U.S. Supreme Court has turned to Latham & Watkins LLP's Roman Martinez to defend caps on coordinated campaign spending as amicus counsel in a case on tap for next term.
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July 01, 2025
5th Circ. Backs Dallas Short-Term Lending Ordinance
The Fifth Circuit denied a short-term lender's request for a court order blocking a Dallas city ordinance that created new hurdles for lenders, saying Tuesday the short-term lender did not demonstrate that the ordinance would shut down the industry.
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July 01, 2025
FCC Drops $2.6M Kid TV Ad Fine, Lets Sinclair Settle
The Federal Communications Commission is going to let Sinclair Broadcast Group LLC slide by with a "voluntary contribution" of $500,000 instead of the $2.6 million forfeiture the agency had proposed for running more commercials than it was allowed to during children's TV programs.
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July 01, 2025
DC Circ. Tosses Mich. Utility's Grid Upgrade Challenge
A D.C. Circuit panel Tuesday upheld the Federal Energy Regulatory Commission's refusal to grant a Michigan transmission owner sole ownership of grid upgrades needed to serve a Michigan solar farm, rejecting arguments that existing agreements guaranteed it full ownership rights.
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July 01, 2025
Google Wants Texas Ad Tech Trial To Wait On DOJ Judge
Google has asked a Texas federal judge to delay the looming August trial in a case from state enforcers targeting its advertising technology until after a Virginia federal judge issues her final judgment in a similar case by the U.S. Department of Justice.
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July 01, 2025
Turkey Cos. Must Face Price-Fix Suit From Litigation Funder
An Illinois federal judge rejected a summary judgment bid from major turkey processors fighting a price-fixing antitrust suit, ruling that a litigation funding company can continue to pursue claims against the poultry processors as a stand-in for wholesale food distributor plaintiffs.
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July 01, 2025
NJ Assault Weapon Ban Unconstitutional, 3rd Circ. Told
Gun advocates told a Third Circuit panel on Wednesday that a Garden State federal court did not go far enough when it overturned the state's ban on AR-15 assault rifles, arguing that the state's ban on a number of other firearms and large capacity magazines should also be overturned.
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July 01, 2025
DC Circ. OKs Trump Firing Of Privacy Board Dems, For Now
The D.C. Circuit on Tuesday halted a lower court's order that blocked the Trump administration from firing two Democratic members of the Privacy and Civil Liberties Oversight Board, suggesting in a per curiam order that members of the oversight board lacked adjudicatory functions that could shield them from termination.
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July 01, 2025
Apple Backers Raise Price, Privilege Concerns At 9th Circ.
Trade groups and advocacy organizations have raised a series of concerns with the Ninth Circuit about a federal district court mandate blocking Apple from charging commissions on iPhone app purchases made outside its systems, arguing an Epic Games Inc. injunction redux improperly compels speech, imperils price-setting autonomy and threatens legal privilege.
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July 01, 2025
State AGs Sue Gov't To Halt Medicaid Data Sharing With ICE
A California-led coalition of nearly two dozen state attorneys general is pushing a federal court to stop the U.S. Department of Health and Human Services from giving immigration officials "unfettered access" to Medicaid recipients' personal health information, arguing that the sharing flouts decades of policy and practice.
Expert Analysis
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CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs
A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
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What FCA Liability Looks Like In The Cybersecurity Realm
Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say attorneys Rachel Rose and Julie Bracker.
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'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms
Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.
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Proposed State AI Rule Ban Could Alter Employer Compliance
A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.
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Operating Via Bank Charter Offers Perks Amid Industry Shift
As bank regulators become more receptive to streamlining barriers that have historically stood in the way of de novo bank formation, and as fintechs show more interest in chartering, attorneys at Goodwin outline the types of charters available and their benefits.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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5 Takeaways From DOJ's Media Compulsory Process Rules
The U.S. Department of Justice’s new rules, making it easier for law enforcement investigating leaks to compel members of the media and third parties to disclose information, could have wide-ranging impacts, from reduced protections for journalists and organizations, to an expanded focus on nonclassified material, say attorneys at WilmerHale.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Seven County Ruling Should Trim Agency Enviro Analysis
The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.
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CMS Guidance May Complicate Drug Pricing, Trigger Lawsuits
Recent draft guidance from the Centers for Medicare & Medicaid Services proposes to expand the scope of what counts as the same qualifying single-source drug, which would significantly alter the timeline for modified drugs facing price controls and would likely draw legal challenges from innovator drug companies, say attorneys at Debevoise.
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Digital Equity Act Grant Terminations Raise Key Legal Issues
The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.
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GAO Report Reveals How Banks And Regulators Are Using AI
A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.
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Robinson-Patman Enforcement May Fizzle Out After PepsiCo
After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.