Analysis

Here's What Comes Next After Trump's Conviction

By Phillip Bantz

Donald Trump's forthcoming appeal of his historic conviction Thursday in the New York hush money case could include challenges to the state's evidence and jury instructions, but it's unlikely the case will be resolved before Election Day.

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Donald Trump Convicted Of All 34 Counts In NY Trial

By Frank Runyeon, Rachel Scharf, Stewart Bishop and Elliot Weld

Former President Donald Trump was convicted by a Manhattan jury Thursday of 34 felonies over a plot to illegally sway the 2016 presidential election in his favor by concealing hush money payments to porn actress Stormy Daniels.

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What The Trump Verdict Was Like From Inside The Courtroom

By Frank Runyeon, Rachel Scharf and Stewart Bishop

Law360 reporters were providing live updates from the Manhattan criminal courthouse as a jury found Donald Trump guilty of falsifying business records. Here's a blow-by-blow of the historic verdict.

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High Court Calls For 2nd Circ. Redo In BofA Preemption Fight

By Jon Hill

The U.S. Supreme Court on Thursday threw out a Second Circuit decision that freed Bank of America NA from class action litigation brought over a New York escrow interest law, ruling that the circuit court wasn't "nuanced" enough in finding the law preempted for national banks.

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SF Fed Lacked Good Reason To Deny Account, 9th Circ. Told

By Rae Ann Varona

An Idaho trade fintech urged the Ninth Circuit to revive its bid for a master account, saying the Federal Reserve Bank of San Francisco denied its application despite foreign banks potentially accessible to terrorists having access to the U.S. financial system.

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NCAA To End Transfer Rules In Deal With DOJ

By David Steele

The NCAA agreed on Thursday to stop enforcing all rules governing athletes transferring from one institution to another, as part of a proposed consent decree filed by the U.S. Department of Justice to settle an antitrust suit against the organization by 10 states and the District of Columbia.

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Chief Justice Roberts Declines Senate Democrats Meeting

By Courtney Bublé

Chief Justice John Roberts declined the invitation from two top Democrats on the Senate Judiciary Committee to discuss the high court's ethics in light of the controversy surrounding the flags flown outside Justice Samuel Alito's homes.

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Colo. Justice Says Outside Watchdog Key For Judicial Ethics

By Daniel Ducassi

A Colorado Supreme Court justice said Thursday that third-party oversight of judges' conduct was crucial to maintaining the public's trust in the legal system, speaking as part of an American Bar Association panel that touched on recent controversies, including those involving U.S. Supreme Court Justice Samuel Alito and his wife.

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Ga. Aims To Sink Challenge To Prosecutor Discipline Panel

By Madison Arnold

The state of Georgia says a bipartisan group of district attorneys has no standing to pursue its lawsuits against the state and its Prosecuting Attorneys Qualifications Commission members, arguing that the injuries that the attorneys claim are just hypothetical.

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The 'Not-Postings' Of A Delaware Chancery Court Judge

By Leslie A. Pappas

Close observers of Delaware's Court of Chancery have recently gotten a new window into the First State's preeminent court of equity: Delaware Vice Chancellor J. Travis Laster, one of seven judges on the court's bench, has recently rejoined LinkedIn.

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RFK Jr. Turns To FEC Over CNN Debate Shut Out

By Madeline Lyskawa

The campaign for independent presidential candidate Robert F. Kennedy Jr. has accused CNN, President Joe Biden and former President Donald Trump of violating federal election law by holding a debate that excludes Kennedy, in a complaint filed with the Federal Election Commission.

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Judge Rejects 'Audacity' Of Suspended Jurist's Reelection Bid

By Danielle Ferguson

A Michigan state judge said Thursday he was surprised election officials hadn't already disqualified a suspended Detroit judge who had the "audacity" to run again despite being barred from the bench for six years, saying he intended to end her candidacy.

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CFPB To Probe 'Junk Fees' In Mortgage Closing Costs

By Jon Hill

The Consumer Financial Protection Bureau said Thursday that it will scrutinize how "junk fees" may be making it more expensive to purchase a home, kicking off a broad inquiry that could presage a crackdown on rising mortgage closing costs.

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NY Expects Crypto Cos. To Meet Customer Service Standards

By Aislinn Keely

The New York State Department of Financial Services on Thursday told the crypto firms under its purview that it expects them to resolve customer service issues promptly and fairly, according to newly issued guidance.

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Ex-FTX Auditor Must Face SEC's Independence Rules Suit

By Sydney Price

The former auditor of Sam Bankman-Fried's defunct cryptocurrency exchange FTX must face the U.S. Securities and Exchange Commission's claims it violated auditor independence rules while collecting $3 million in fees from clients, a Florida federal judge has ruled, finding the agency's allegations establish severe recklessness.

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SEC Cites High Court CFPB Ruling In Market Surveillance Suit

By Carolina Bolado

The U.S. Securities and Exchange Commission has told the Eleventh Circuit that a recent U.S. Supreme Court decision finding the Consumer Financial Protection Bureau's funding structure is constitutional should sink a challenge from broker-dealer firms seeking to escape paying for a market surveillance tool.

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Analysis

3 Things To Watch In SF's High Court Water Standards Case

By Juan-Carlos Rodriguez

The U.S. Supreme Court has granted San Francisco's request that it review the U.S. Environmental Protection Agency's decision to incorporate narrative pollution standards in a Clean Water Act permit, throwing into question the use of a common permitting feature.

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Ill. Made 'Big Concession' In 3M PFAS Suit, 7th Circ. Judge Says

By Celeste Bott

A Seventh Circuit judge observed Thursday that the state of Illinois made a "big concession" in its suit accusing 3M of polluting local waters with toxic "forever chemicals" when the state said 3M could avoid liability if Illinois can't prove contamination came exclusively from a particular facility.

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Enviro Groups Launch Fresh Alaska LNG Fight In 9th Circ.

By Keith Goldberg

Environmental groups on Thursday petitioned the Ninth Circuit to overturn federal approvals for the Alaska liquefied natural gas project covering impacts on endangered and threatened species, the latest court challenge lodged against the $43 billion project.

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Healthcare Data Co. Says Blocked Access Could Kill Patients

By Matthew Perlman

A healthcare data company asked a Maryland federal court on Thursday to stop a rival from blocking access to nursing home patient records it said are needed to identify potential complications that could lead to hospitalization or death.

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Warren Pushes To Clinch 'Popular' Drug Patent 'March-In' Plan

By Lauren Berg

Sen. Elizabeth Warren, D-Mass., and Rep. Lloyd Doggett, D-Texas, Thursday urged the U.S. Department of Commerce to finalize a proposal that would allow the government to take possession of "taxpayer-funded" patents on drugs and lease them to generic-drug makers, saying the "popular framework will help reduce exorbitant drug costs."

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Trump's Niece Can't Escape His Suit Over NYT Tax Story

By Henrik Nilsson

A New York appellate panel ruled Thursday that former President Donald Trump can pursue claims that his niece, Mary Trump, breached a confidentiality agreement by sharing his tax records with The New York Times, handing him a legal win the same day he was convicted of 34 felony counts.

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X Corp. Aims For 'Jugular' In Defamation Suit, Watchdog Says

By Spencer Brewer

Media Matters for America says X Corp. shouldn't be allowed to target the left-leaning media watchdog's "financial jugular" by accessing its donor lists or its most sensitive financial documents, asking a federal judge Wednesday to reject the social platform's attempt to force production of the documents in a defamation suit.

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FAA Caps 737 Max Production Amid Boeing Safety Plan Fixes

By Linda Chiem

The Federal Aviation Administration said Thursday it will continue to limit Boeing's production of 737 Max jets as the company presses ahead with overhauling its safety culture under an FAA-mandated corrective action plan following January's midair blowout aboard an Alaska Airlines flight.

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NY Truckers Sue To Block Congestion Pricing In Manhattan

By Linda Chiem

New York truckers have joined the fight to block congestion pricing from taking effect next month, alleging in a new Manhattan federal lawsuit Thursday that the first-of-its-kind fee for vehicles entering the Big Apple's busiest corridor unconstitutionally penalizes the trucking industry.

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Sen. Warren Pushes CMS On 'Medical Loss Ratio' Data

By Mark Payne

Sen. Elizabeth Warren, D-Mass., is urging the Centers for Medicare & Medicaid Services to collect more data to determine whether private healthcare insurers in Medicare Advantage that employ vertical integration are evading a statutory requirement that they spend the bulk of their earnings on medical claims.

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Mass. Foreclosure Law May Be Unconstitutional, Judge Says

By Brian Dowling

A Massachusetts law blocking towns and cities from returning excess funds from foreclosure sales may be an unconstitutional taking, a federal judge has said.

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Only One Landlord Allowed To Duck DC RealPage Suit

By Nadia Dreid

One of several landlords that stands accused by the District of Columbia of using property management platform RealPage to fix the price of rentals has managed to convince a D.C. Superior Court judge to kibosh the claims against the real estate investment trust permanently.

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Jersey Shore Motel Loses Condemnation Fight With Town

By Isaac Monterose

A New Jersey borough properly used eminent domain to take over a local 50-room motel where it plans to provide parking and electric vehicle charging, a New Jersey appellate panel ruled.

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Ex-Chicago Mayor Dodges Atty's Lawsuit Over Zoom Tirade

By Lauren Berg

An Illinois judge tossed a lawsuit brought by a former in-house attorney for the Chicago Park District accusing former Mayor Lori Lightfoot of unleashing a profane tirade laced with crude, insulting and defamatory comments during a Zoom call.

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DOL Says Challenged Provision In DBA Rule Is Lawful

By Irene Spezzamonte

The U.S. Department of Labor pressed a Texas federal court not to halt its final rule regulating prevailing wages under the Davis-Bacon Act, saying that one of the provisions several construction groups are challenging is completely lawful.

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UPenn Retools Fight Against Defamation Suit Over Email

By Katherine Smith

An email addressing how an anthropology professor handled the remains of the 1985 MOVE house bombing victims cannot be considered defamatory because it was rooted in personal perspectives and not facts, the University of Pennsylvania told a federal court Wednesday.

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Divided FTC Won't Delay Kroger-Albertsons In-House Case

By Bryan Koenig

The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.

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FTC, Novant Ask To Delay In-House Trial On Merger Challenge

By Hayley Fowler

The Federal Trade Commission and Novant Health have asked to postpone an upcoming administrative hearing over the nonprofit's proposed purchase of two North Carolina hospitals, a purchase that regulators are concerned will dampen competition in the region, according to a notice filed in federal court.

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FTC, SEC Urged To Probe UnitedHealth's 'Negligent' Security

By Allison Grande

The chair of the U.S. Senate finance committee on Thursday pressed the Federal Trade Commission and the U.S. Securities and Exchange Commission to hold UnitedHealth Group and its top executives liable for "numerous" cybersecurity failings that fueled a debilitating cyberattack on its Change Healthcare unit. 

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DOJ's Kanter Says AI Cos. Could Exploit Creators

By Matthew Perlman

The head of the U.S. Department of Justice Antitrust Division, Jonathan Kanter, said Thursday that a lack of competition between artificial intelligence companies could allow them to exploit writers, artists and other content creators.

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Sen. Dems Call On DOJ To Prevent Price-Fixing In Oil Industry

By Courtney Bublé

Senate Majority Leader Chuck Schumer, D-N.Y., led a group of Senate Democrats in calling on the U.S. Department of Justice on Thursday to do everything in its power to prevent and prosecute price-fixing and collusion in the oil industry.

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NCAA Loses Bid To Sink Reggie Bush Defamation Suit

By Elaine Briseño

The NCAA has failed in its bid to get an early toss of the defamation suit filed by 2005 Heisman Trophy winner Reggie Bush, with an Indiana court ruling a dismissal is premature at this point because the former running back has met the pleading standards.

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Kalshi Says Elections Aren't Games In Voting Wager Hearing

By Jared Foretek

A D.C. federal judge on Thursday tried to weigh whether gambling on elections can be considered "gaming" in predictions market Kalshi's challenge to a U.S. Commodity Futures Trading Commission order blocking it from offering election-based futures contracts.

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9th Circ. Reopens Mandatory Security Check Wage Fight

By Gina Kim

The Ninth Circuit on Thursday largely revived a proposed wage class action by a subcontractor who sought to be paid for undergoing mandatory security checks and vehicle inspections at a solar project site, following the California Supreme Court's ruling that found the time to be compensable as "hours worked."

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Commerce Pours Up 203% Duties For Chinese Wine Bottles

By Jennifer Doherty

The U.S. Department of Commerce set early duties of 202.70% on wine bottles made by eight Chinese manufacturers who did not respond to the agency's questions, while the lone cooperator landed a preliminary rate of 21.14%.

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EU Court Rejects Appeal Over Spanish Port Tax Breaks

By David Hansen

The European Union's Court of Justice on Thursday upheld a lower court ruling that corporate tax exemptions Spain extended to seaports were illegal state aid, brushing aside arguments that a more thorough economic analysis was warranted to prove the tax breaks bestowed an unfair advantage.

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Feds Overly Constricted Extrusion Exclusion, Importer Says

By Jennifer Doherty

The U.S. Department of Commerce misinterpreted language outlining a carveout from duties on aluminum exclusions from China to make it overly restrictive, according to an importer calling for a speedy decision from the U.S. Court of International Trade.

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Full 9th Circ. Won't Rehear Immigration Attys' Privacy Row

By Britain Eakin

The full Ninth Circuit on Thursday declined a request from a filmmaker and two immigration attorneys to rehear a panel decision finding that a purportedly covert government surveillance program tracking journalists and advocates tied to a migrant caravan didn't harm them.

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Menendez's Wife Hires Coburn Greenbaum For Bribery Case

By Carla Baranauckas

Nadine Menendez, wife of U.S. Sen. Robert Menendez, has hired Coburn Greenbaum & Eisenstein PLLC partner Barry Coburn to defend her in the government's case accusing her and her husband of accepting bribes from three businessmen.

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Black Business Owners Sue Over Impact Of Transparency Act

By Julie Manganis

The Corporate Transparency Act creates unique burdens on businesses owned by people of color, immigrants and other marginalized groups, the Black Economic Council of Massachusetts and several company owners said in the latest legal challenge to the anti-money laundering law.

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Wash. Tribe Gets Partial Win Against Feds Over Wildfires

By Joyce Hanson

A Court of Federal Claims judge partly denied Thursday the U.S. government's bid to toss claims by a tribe in Washington state over massive fires that destroyed forests on reservation land, saying a money-mandating source of law entitles the tribes to compensation.

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Okla. Tribes Say Bills Won't Deter Poultry Biz From Polluting

By Crystal Owens

The Inter-Tribal Council of the Five Civilized Tribes says two bills working their way through the Oklahoma Legislature don't go far enough to deter the poultry industry from polluting and threaten to undo decades of progress toward improving water quality.

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FCC Subsidy Reforms Could Be Drafted On Capitol Hill Soon

By Christopher Cole

A working group on Capitol Hill studying a potential overhaul of the Federal Communications Commission's subsidy regime could produce draft reforms soon, but a big stumbling block will be how to expand contributions to the fund, telecom experts say.

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FCC Lifts Freeze On TV Stations Changing Channels

By Nadia Dreid

Class A and low-power television stations will now be able to change the channel with the Federal Communications Commission's blessing, something the agency has announced it is willing to give under the right circumstances for the first time in 14 years.

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Gov't Broadband Rules Must Not Deter Providers, NTIA Told

By Christopher Cole

Small to medium-size internet providers could shy away from the federal government's massive broadband expansion program if rules requiring low-cost internet service end up being too heavy-handed, industry groups told the U.S. Department of Commerce.

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Pa. Court Blocks State's Recall Over Cannabis Vape Additives

By Matthew Santoni

The Pennsylvania Commonwealth Court has permanently blocked the state Department of Health from enforcing a 2022 recall of medical cannabis products containing certain additives, on the grounds that the department's reversal on the additives' approval was a "de facto regulation" that was enacted without the proper procedures.

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Minn. Gov. Signs Law For Earlier Cannabis Industry Launch

By Jonathan Capriel

Minnesota Gov. Tim Walz has signed a bill that imposes a number of changes to the state's marijuana law, including provisions that could allow social equity cannabis applicants to start cultivating the plant for the new market by the end of the year.

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Conn. Judge Axes Pot Dispensary Permit Challenge

By Brian Steele

A collection of Stamford, Connecticut, citizens has no right to appeal a court-approved settlement between the city's zoning board and a cannabis company, which allows Sweetspot Stamford LLC to operate a retail dispensary, a state court judge has ruled.

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National Security And The Commercial Space Sector: Part 1

The recently published U.S. Department of Defense space strategy represents a recalibration in agency thinking, signaling that the integration of commercial space capabilities has become a necessity and offering guidance for removing structural, procedural and cultural barriers to commercial-sector collaboration, say Jeff Chiow and Skip Smith at Greenberg Traurig.

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New TSCA Risk Rule Gives EPA Broad Discretion On Science

The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.

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BF Borgers Clients Should Review Compliance, Liability

After the U.S. Securities and Exchange Commission's recently announced enforcement proceedings against audit firm BF Borgers for fabricating audit documentation for hundreds of public companies, those companies will need to follow special procedures for disclosure and reporting — and may need to prepare for litigation from the plaintiffs bar, say attorneys at Debevoise.

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How Employers, Attorneys Can Respond To Noncompete Ban

As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

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Perspectives

Trauma-Informed Legal Approaches For Pro Bono Attorneys

As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

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Orrick Leads List Of Top Law Firms For Women, Diversity

By Aebra Coe

Talent strategies firm Seramount released its latest list of the 45 best law firms for women and diversity this week, with the 2024 cohort of winners showing strides over previous years in representation, advancement and benefits for lawyers who are women or from other underrepresented groups.

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Houston Judge's Vast Display Reflects 25 Years On Bench

By Catherine Marfin

Along the hallways leading to U.S. District Judge Keith P. Ellison's Houston courtroom hang hundreds of notes, photos, thank-you cards and other correspondence, serving as a kind of interactive scrapbook of Judge Ellison's 25 years on the bench.

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Analysis

In Rarity, 1 Party's Judges Gain 100% Control Of Circuit Bench

By Jeff Overley

At the First Circuit, the judges' robes are all black, but the judges are all blue. It's a new and unusual instance of one political party's judicial picks controlling each active seat on a federal appeals court, and the Democratic dominance could prove magnetic for ideologically charged litigation.

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Orrick's $8M Deal To End Data Breach Claims Nears Prelim OK

By Bonnie Eslinger

A California federal judge indicated Friday that she'll preliminarily approve Orrick Herrington & Sutcliffe LLP's $8 million deal to end putative class claims over a 2023 data breach that purportedly exposed personal information for 638,000 individuals, but said the "very broad" scope of the settlement's release "raised my eyebrows."

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Smith Gambrell Faces Slimmed Data Breach Suit

By Emily Sawicki

A California federal judge has trimmed the claims a proposed class of data breach victims brought against international law firm Smith Gambrell & Russell LLP, leaving the firm to face claims of negligence, invasion of privacy and violation of the California Unfair Competition Law.

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Analysis

Blockbuster Summer: 10 Big Issues Justices Still Must Decide

By Katie Buehler

As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

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Analysis

Del. Chancellor Questions 'Rush' To Amend Corporation Law

By Jeff Montgomery

Weeks before the Delaware State Bar Association sent state lawmakers a draft bill explicitly allowing corporations to broadly cede some governance rights to chosen stockholders, Chancellor Kathaleen St. J. McCormick of Delaware Chancery Court made an unprecedented, direct appeal to think twice.

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Trump Condemns NY Trial As Verdict Echoes In DC

By Rachel Scharf

A day after his conviction on 34 felony counts, former president Donald Trump on Friday attacked the Manhattan jury's verdict in a lengthy speech that mischaracterized multiple elements of the case as the decision reverberated through Washington, D.C.

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Trump's New York Prosecutors Called To House Hearing

By Courtney Bublé

Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee and its Select Subcommittee on the Weaponization of the Federal Government, demanded on Friday that Manhattan prosecutors appear for a hearing on June 13 on the prosecution of former President Donald Trump, who was convicted on Thursday of 34 felonies.

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Disbarring Giuliani Would 'Protect The Public,' DC Panel Says

By Alison Knezevich

A Washington, D.C., attorney ethics panel agreed Friday that Rudy Giuliani's role in former President Donald Trump's attempt to overturn Pennsylvania's presidential election in 2020 amounted to misconduct "of the utmost seriousness," and that disbarring him would "protect the public, the courts, and the integrity of the legal profession."

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Texas Judge Opts Not To Recuse And Tosses Chamber Suit

By Emily Sawicki

A Texas federal judge has thrown out the U.S. Chamber of Commerce's suit seeking to block the Federal Trade Commission from implementing a ban on noncompete clauses because a different plaintiff was first to file, adding he declined to recuse himself because no companies in his stock portfolio were parties in the case.

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Illinois Strengthens Atty Ethics Rules For Harassment, Bias

By Celeste Bott

The Illinois Supreme Court has announced that the state's professional conduct rules for attorneys have been amended to deem the act of engaging in harassment or discrimination as professional misconduct, and not just in the event a court or administrative agency finds that a lawyer violated a law prohibiting such actions.

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DOJ Looks To End A Legacy Of Bias In Sex Assault Cases

By Hannah Albarazi

The U.S. Department of Justice says that legal fallacies and misogynistic stereotypes often lead prosecutors to decline to charge alleged perpetrators of sexual violence, but new guidance from the department is pushing prosecutors to give more credence to victims and see that their claims are more thoroughly investigated.

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Law360's Legal Lions Of The Week

By Kevin Penton

Brewer Attorneys & Counselors, the American Civil Liberties Union Foundation and attorneys Eugene Volokh and Alan Morrison lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that the National Rifle Association can proceed with certain claims in the gun rights group's lawsuit against a former New York state official.

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The Top In-House Hires Of May

By Michele Gorman

Legal department hires during the last full month of spring included high-profile appointments at Southwest, Hormel and UnitedHealth. Here, Law360 Pulse looks at some of the top in-house announcements from May.

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Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right

By David Steele

In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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