Texas AG Probes Glass Lewis, ISS On ESG Advice

By Spencer Brewer

The Texas Office of the Attorney General launched an investigation into Glass Lewis & Co. and Institutional Shareholder Services Inc., claiming Tuesday the proxy advisory firms misled public companies and institutional investors to push for left-wing social causes.

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FTC Chair Pledges 'Action' Against Late Merger Fixes

By Bryan Koenig

Federal Trade Commission Chairman Andrew Ferguson vowed Tuesday to take unspecified "action" against tactics by merging companies to propose fixes only after antitrust enforcers bring a transaction challenge, a strategy he called "bad for the system."

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Google And AI Co. Sued Over Teen Death, Sexual Content

By Zach Dupont

A chatbot maker with ties to Google was hit with three lawsuits in federal court Monday, two in Colorado and one in New York, by the families of minors who blame the companies for their children's suicide, suicide attempt and exposure to sexually explicit material.

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Strip Club Execs Accused Of Bribing Auditor With Lap Dances

By Rae Ann Varona

Executives of strip club operator RCI Hospitality Holdings Inc. bribed a tax auditor for more than a decade to avoid paying $8 million in New York City sales taxes, providing him free trips to Florida strip clubs and expensive lap dances, the state of New York alleged Tuesday.

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Biz Groups Ask 9th Circ. To Block Calif. Climate Rules

By Lauren Berg

A coalition of business groups asked the Ninth Circuit to halt two new California climate regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks, while they appeal a lower court's refusal to preliminarily block the rules that they say violate their First Amendment rights.

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SEC Blasts Thrivent's Attempt To 'Upend' FINRA Oversight

By Jared Foretek

The Securities and Exchange Commission is defending its refusal to amend three long-running arbitration rules adopted by the Financial Industry Regulatory Authority at the request of financial services organization Thrivent, urging the D.C. Circuit to reject the company's appellate petition and leave FINRA's arbitration rules as they are.

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BlackRock Blames Coal Production Cuts On Falling Demand

By Matthew Perlman

BlackRock Inc. told a Texas federal court that coal production has declined because demand from coal-fired power plants has been falling for years, not because asset managers conspired to pressure the producers.

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Ky. Judge Backs Fed's Debit-Fee Cap In Split With ND Ruling

By Jon Hill

A Kentucky federal judge on Monday upheld a Federal Reserve Board cap on debit-card swipe fees that a local merchant challenged as overly generous to banks, breaking with a North Dakota federal court that recently rejected the same regulation.

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DOJ Fights Court Order To Reinstate NCUA Board Members

By Katryna Perera

The Trump administration has told the D.C. Circuit that the president had the right to remove two National Credit Union Administration board members at will, and that a lower court was wrong to reinstate them and read extra job protections into the law.

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Coinbase Asks DOJ To Push For Preemption In Crypto Bills

By Aislinn Keely

Crypto exchange Coinbase has asked the U.S. Department of Justice to advocate for limiting states' authority to regulate the digital asset space in pending crypto market structure legislation, as Coinbase itself continues to battle state actions and navigate disparate licensure regimes.

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Feds Seek 12 Years For Frank Founder; She Wants No Prison

By Emilie Ruscoe

The startup founder convicted of lying to JPMorgan Chase so it would buy her college-aid startup, Frank, for $175 million deserves a 12-year prison sentence, Manhattan federal prosecutors argued, countering her request that she serve no time.

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Bitcoin Fog Operator Fights Conviction Over Venue, Evidence

By Aislinn Keely

The alleged operator of the Bitcoin Fog crypto mixer is urging the D.C. Circuit to overturn his conviction, claiming federal prosecutors failed to tie him to a crime in the district and relied on circumstantial forensic evidence to link him to money launderers' use of the anonymizing service.

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US Asks Court To Sink Vermont Climate Superfund Law

By Juan-Carlos Rodriguez

The Trump administration, Republican-led states and business groups including the U.S. Chamber of Commerce and American Petroleum Institute on Monday asked a Vermont federal court to kill the state's climate Superfund law.

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EPA Sued For Dropping Slaughterhouse Water Pollution Regs

By Gina Kim

Several organizations have filed a petition with the Ninth Circuit contesting the U.S. Environmental Protection Agency's decision to renege on a Biden-era proposal that would've levied stricter rules of how much meat and poultry slaughtering, processing, and rendering facilities could discharge pollutants into nearby waterways.

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Order Halting Ørsted Wind Project Is Valid, Trump Admin Says

By Tom Lotshaw

The Trump administration has told a D.C. federal judge that its challenged decision to halt work on an approved and nearly completed offshore wind farm in New England stands on firm legal ground and should not be overturned.

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DC Circ. Urged To Rehear EPA's HFC Market Allocation Case

By Jared Foretek

A Georgia refrigerants company is asking for another shot to challenge the U.S. Environmental Protection Agency's implementation of a 2020 law mandating an 85% reduction in hydrofluorocarbon consumption by 2036, requesting an en banc rehearing from the D.C. Circuit after a panel unanimously rejected its challenge last month.

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DOE Asks Judge To Pull Plug On States' Cost Cap Suit

By Tom Lotshaw

The U.S. Department of Energy has asked an Oregon federal judge to toss a New York-led lawsuit challenging a new policy that would cap certain overhead costs under energy assistance awards, arguing the change falls within its discretionary authorities.

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White House Fights Seattle's Bid To Block DEI Grant Rules

By Rachel Riley

The Trump administration on Tuesday called on a Washington federal judge to let it proceed with federal grant conditions forcing recipients to drop efforts related to diversity and "gender ideology," contending that Seattle is challenging the terms based on mere speculation that the city may one day be targeted for "hypothetical noncompliance."  

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Ex-Navy Admiral Sentenced To 6 Years In Bribery Case

By Hailey Konnath

A D.C. federal judge on Tuesday sentenced a former top U.S. Navy admiral to six years behind bars after he was convicted of awarding a government contract to a company in exchange for a lucrative job there after he retired from the military, according to a case docket entry.

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Miami Hospital's Ex-COO Admits To Embezzling $4.3M

By David Minsky

The former chief operating officer of the fundraising arm for a taxpayer-funded Miami health system pled guilty to a wire fraud charge in Florida federal court, admitting to embezzling $4.3 million from the nonprofit and receiving kickbacks after submitting false vendor invoices. 

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Exactech Enters $8M Deal To Resolve Implant Failure Claims

By Rae Ann Varona

Orthopedic implant-maker Exactech Inc. agreed to pay $8 million to resolve allegations it marketed and sold faulty components of its knee-replacement systems that were to be used on patients on Medicare, Medicaid and U.S. Department of Veterans Affairs assistance, federal prosecutors in Maryland and Alabama announced Tuesday.

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Merck Says Vaccine Case 'Poor Vehicle' For Antitrust Review

By Benjamin Morse

Merck & Co. told the U.S. Supreme Court to reject a bid from physicians looking to revive antitrust claims over submissions the pharmaceutical giant made to federal regulators concerning its mumps vaccine, arguing that the case is "an exceptionally poor vehicle" for review.

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Calif. Gov. Taps Consultancy Exec For Privacy Agency Board

By Allison Grande

A business executive and consultant with "extensive leadership experience" in data privacy and corporate governance has been picked to sit on the five-member board that governs the California Privacy Protection Agency, the regulator said Monday. 

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USDOT Orders Scuttling Of Delta-Aeromexico Joint Venture

By Linda Chiem

The Trump administration has ordered Delta Air Lines and Aeromexico to scuttle their joint venture by Jan. 1, saying they gained an unfair advantage in the market after the Mexican government abruptly restricted flights from other carriers at Mexico City's primary airport.

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FTC Ends Director Overlap In Healthcare Space

By Matthew Perlman

The Federal Trade Commission said three members of Sevita Health's board of directors resigned after enforcers flagged an overlap with the board of a competing provider of specialty healthcare for people with intellectual and developmental disabilities.

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FCC Tells 1st Circ. It Will Revamp Prison Phone Caps In Oct.

By Christopher Cole

The First Circuit has declined to hold off a court challenge to the Federal Communications Commission's recently adopted prison phone rate caps despite the agency saying it plans to rework the rules in October.

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Rev Up Mobile Data Speed Standards, Rural Carriers Say

By Christopher Cole

The federal target for mobile broadband speeds should be based on coverage provided to moving vehicles rather than to outdoor stationary devices, a trade group for rural wireless carriers told the Federal Communications Commission.

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Brief

FCC Seeks Feedback On Call For Better Signal Booster Regs

By Nadia Dreid

The Federal Communications Commission is mulling a nonprofit's proposal to update its industrial signal booster rules, which the group says "left significant implementation gaps" when they were put in place over a decade ago.

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FTC Actions Highlight New Noncompete Enforcement Strategy

Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.

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How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law

The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.

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Transmission Security Has A Critical Role In Healthcare

In light of the U.S. Department of Health and Human Services' Office of Civil Rights' continuing enforcement initiative focusing on businesses' accurate and thorough security risk assessments under the Health Insurance Portability and Accountability Act, covered entities should not neglect the importance of transmission security, says John Howard at Clark Hill.

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Deference Ruling Could Close The FAR Loophole

A recent U.S. Court of Federal Claims decision may close a loophole in the Federal Acquisition Regulation that allows agencies to circumvent the Trade Agreements Act, significantly affecting federal pharmaceutical procurements and increasing protests related to certain Buy American Act waivers, say attorneys at Polsinelli.

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Considerations For Cos. Amid Wave Of CFPB Vacatur Bids

As some entities look to vacate prior voluntary agreements with the Consumer Financial Protection Bureau, there are several considerations companies should take into account before seeking to vacate their settlements in the current legal and regulatory environment, says Jasmine Jean-Louis at Goodwin.

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Ruling On Labor Peace Law Marks Shift For Cannabis Cos.

Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.

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Reports Of Chemical Safety Board's Demise Are Premature

Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.

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7 Document Review Concepts New Attorneys Need To Know

For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

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'It's Confidential': Judiciary Chair Mum On Court System Strife

By Jeff Overley

The federal judiciary's leaders heard sharp criticism at a private meeting Tuesday regarding the U.S. Supreme Court's increasing willingness to block lower court decisions, according to remarks released publicly, and one of those leaders subsequently deflected requests for details during an official briefing.

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Feature

For Cahill Atty, Rare Disease Pro Bono Work Is Personal

By Mark Payne

John MacGregor of Cahill Gordon & Reindel LLP didn't have any experience in healthcare law before taking on a pro bono client that supports people with a rare form of epilepsy. MacGregor's son is one of them.

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Willkie Taps PE Head To Co-Lead The Firm In 2027

By Andrea Keckley

Willkie Farr & Gallagher LLP announced Tuesday that the nearly decade-long head of its private equity practice will step up to co-lead the firm as its joint chairman at the start of 2027.

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Sotomayor Warns Civics Undereducation Leads To Bad Laws

By Kevin Penton

Those looking to change the nation's laws first need to understand how they work and why they are in place, U.S. Supreme Court Justice Sonia Sotomayor told a packed auditorium at New York Law School on Tuesday.

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Analysis

The Patent Workforce Is Attracting Fewer Attys, More Agents

By Theresa Schliep

The pool of patent practitioners registered with the U.S. Patent and Trademark Office has undergone a dramatic shift over the past few decades, with the number of attorneys taking the bar exam decreasing at the same time more patent agents are entering the field.

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Acting US Atty Denies Prosecution Of Lawmaker Is 'Selective'

By Parker Quinlan

The U.S. Department of Justice has requested that assault charges not be dismissed against U.S. Rep. LaMonica McIver, pushing back on claims the government is selectively prosecuting her following a confrontation with federal agents in May at an Immigration and Customs Enforcement facility in Newark.

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Former Judge Aims To Escape Suit Over Secret Atty Romance

By Ryan Boysen

Former Bankruptcy Judge David R. Jones wants out of a lawsuit claiming his secret romance scandal infected the restructuring of life insurance bond seller GWG Holdings Inc., arguing that he's clearly protected by judicial immunity.

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Husch Blackwell Used 401(k) Cash To Pay Bills, Ex-Atty Says

By Grace Elletson

A former Husch Blackwell LLP attorney sued the firm in Missouri federal court Tuesday, claiming it violated federal benefits law by delaying sending employees' 401(k) contributions to their retirement plan so that the cash could be used to pay for the firm's operating expenses.

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GOP Spending Bill Seeks $58M For Supreme Court, Marshals

By Courtney Bublé

The House Republicans unveiled their short-term spending bill Tuesday, and it includes an extra $28 million for security for the U.S. Supreme Court justices.

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Insurer Hits Hall Booth With $10M Suit Over Botched Defense

By Emily Johnson

A former client of Hall Booth Smith PC and its attorney allege the law firm botched its legal representation in an underlying suit related to a death at an indoor shooting range and caused the insurer $10.6 million in financial harm, according to a legal malpractice suit lodged in Georgia state court.

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Trump Taps US Atty Nominees For NC, NH And Louisiana

By Courtney Bublé

President Donald Trump has named U.S. attorney nominees for Louisiana, New Hampshire and North Carolina.

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Ga. Justices Won't Reinstate DA Willis To Trump Election Case

By Kelcey Caulder

The Georgia Supreme Court on Tuesday declined to review a lower court's ruling disqualifying Fulton County District Attorney Fani Willis from the 2020 Georgia election interference case against President Donald Trump and his co-defendants.

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