Analysis

HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review

By Bryan Koenig

The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.

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Fed's Lisa Cook Preps Lawsuit Over Trump Firing

By Sarah Jarvis

Federal Reserve Gov. Lisa Cook is preparing to file a lawsuit over President Donald Trump's announcement that she has been terminated from her position, allegedly for committing mortgage fraud, her lawyer said Tuesday.

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FINRA Fines US Bank Unit $500K Over Missed AML Reports

By Emilie Ruscoe

A broker-dealer unit of U.S. Bank has been fined $500,000 by the Financial Industry Regulatory Authority following the FINRA member's realization that it had missed windows for filing certain reports of suspicious transactions.

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OpenAI, ChatGPT Blamed In Suit Over Calif. Teen's Suicide

By Hailey Konnath

The parents of a California teenager who died by suicide earlier this year filed a wrongful death suit in Golden State court Tuesday, claiming that OpenAI's artificial intelligence tool ChatGPT encouraged self-harm and suicidal ideation and then helped the 16-year-old plan his death.

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5th Circ. Says Fed. Law Explicitly Bars Ex-CEO's NCUA Suit

By Rae Ann Varona

The Fifth Circuit on Monday refused to revive a former Texas credit union CEO's constitutional challenge to an enforcement action the National Credit Union Administration had brought against him for alleged banking misconduct, saying in a published opinion that federal law explicitly stripped a district court's jurisdiction over the matter.

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CFTC's Last Dem Member Departing Agency

By Jessica Corso

The U.S. Commodity Futures Trading Commission's sole remaining Democrat, Kristin Johnson, announced Tuesday that she will be departing the agency next week, leaving it in the hands of acting Chair Caroline Pham.

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Firm Says It Shouldn't Owe SEC For Ex-Owner's Alleged Fraud

By Sydney Price

A now-shuttered investment advisory firm has opposed the U.S. Securities and Exchange Commission's attempt to hold it jointly liable for a $5 million judgment alongside its former owner who was accused of scamming elderly clients, arguing it did not profit from the alleged exploitation.

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Feds Appeal No-Jail Sentences In $577M Crypto Fraud Case

By Aislinn Keely

Federal prosecutors said Tuesday that they're appealing the time-served sentences for two Estonian nationals who pled guilty to wire fraud conspiracy in connection with a $577 million cryptocurrency mining Ponzi scheme, while the federal judge who handed down the sentencings called them "one of the most difficult" of his career.

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Farmers Defend Climate Superfund Law Against Challenges

By Juan-Carlos Rodriguez

Farmers and environmentalists are asking a Vermont federal judge to toss the U.S. government's, industry groups' and red states' lawsuits challenging the state's climate change Superfund law, saying it's a lawful method to pay for damages caused by the phenomenon.

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Judge Won't Pause Order To Reinstate Foreign Aid

By Jared Foretek

A D.C. federal judge denied Monday night the Trump administration's request to stay his preliminary injunction requiring the government to commit certain foreign aid funds by Sept. 30, writing that the administration had said months ago that it could begin obligating money earlier this month if it had to.

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Brief

Mich. AG Lambasts UMich For Halting Trans Youth Care

By Carolyn Muyskens

Michigan's attorney general publicly warned the University of Michigan Tuesday that her office was "considering all of our options" after the university's hospital system said it would cease providing gender-affirming care to minors under pressure from the Trump administration. 

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Brief

Doctors Press 5th Circ. To Reverse Surprise Billing Ruling

By Catherine Marfin

Three physician trade associations urged the full Fifth Circuit to reverse a panel's ruling on how qualifying payments are calculated under the No Surprises Act, writing that the current decision harms underserved communities by narrowing provider networks.

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Dick's Sporting Goods Gets $2.4B Foot Locker Deal Cleared

By Matthew Perlman

Dick's Sporting Goods Inc. said Tuesday that the waiting period has expired for its planned $2.4 billion purchase of Foot Locker, after it had previously given the Federal Trade Commission additional time to review the deal.

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Google Backers Cite Security, Competition To 9th Circ.

By Bryan Koenig

Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.

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Texas AG To Probe Heavy Metals In Baby Foods

By Emily Field

The Texas attorney general on Tuesday announced an investigation into leading baby food makers that may have deceptively advertised and sold products containing dangerously high levels of heavy metals, such as arsenic.

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USDOT Threatens States With Funding Cuts Over Truck Safety

By Linda Chiem

The U.S. Department of Transportation on Tuesday threatened to withhold funds from California, Washington and New Mexico over their apparent failures to enforce federal mandates that all commercial truck drivers be proficient in the English language.

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Littler Adds Former NLRB Atty, Corporate Counsel In Seattle

By Emily Brill

Littler Mendelson PC has brought on a former National Labor Relations Board attorney and corporate labor counsel as a shareholder in its Seattle office, the firm announced.

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Annual Report Shows CFIUS Extending Its Reach In 2024

The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.

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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions

The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.

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From Clerkship To Law Firm: 5 Transition Tips For Associates

Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

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DC Judicial Vacancy Crisis Could Be Easing Soon

By Courtney Bublé

The White House is in the process of finalizing some judicial nominees for the vacancy-plagued Washington, D.C., local courts, an issue that has been highlighted by the federal government's takeover of D.C. law enforcement and the surge of National Guard troops to the nation's capital.

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Eastern District Of Pa.'s Former Chief Judge To Retire In Sept.

By Courtney Bublé

U.S. District Judge Mitchell Goldberg of the Eastern District of Pennsylvania, who was chief judge until earlier this month, will retire on Sept. 19, according to an update from the federal judiciary posted on Wednesday.

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Fenwick Fights New Claims In FTX Crypto Scam MDL

By Ryan Boysen

Fenwick & West LLP has asked a Florida federal judge to shut down a bid by victims of the infamous FTX Trading Ltd. cryptocurrency scam to bring new claims against the firm, calling allegations that it knew about FTX's misuse of customer funds an "irresponsible falsehood."

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Ex-Jackson Walker Partner Says Romance Suit Is 'Déjà Vu'

By Catherine Marfin

A former Jackson Walker LLP partner accused of hiding a romance with a former Texas bankruptcy judge asked a court Tuesday to toss a group of bondholders' proposed class action over their company's Chapter 11 proceeding.

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Personal Injury Firm Accuses Rival Of 'Bait And Switch'

By Chris Villani

A Boston personal injury firm facing claims it ripped off another firm's marketing plan launched a countersuit claiming that the rival is using an illegal business model and lying to try to stop a growing competitor.

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Undercover Operation Detailed In Trial Of Slain Fla. Law Prof

By David Minsky

Law enforcement agents took the stand in Florida state court Wednesday to provide details of an undercover operation in the investigation of Donna Adelson, who is on trial for allegedly masterminding a conspiracy to have assassins kill university law professor Dan Markel in 2014.

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DOJ Throws Lifeline To J&J At 3rd Circ. After $1.6B FCA Loss

By Jeff Overley

A district judge made multiple errors in an opinion and jury instructions underpinning a staggering False Claims Act verdict tied to Johnson & Johnson's drug marketing practices, and a fresh look is needed "under a correct view of the law," the U.S. Department of Justice told the Third Circuit on Wednesday.

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Negligence Suit Over Arrest On Stale Warrant Gets New Life

By Jared Foretek

A Fourth Circuit panel Wednesday vacated a South Carolina county clerk's summary judgment win against allegations that her negligence resulted in a man being arrested twice over the same unpaid child support dispute, kicking the case back to trial court for new proceedings.

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