Analysis

Trump Admin May Be Overpromising WOTUS Clarity

By Juan-Carlos Rodriguez

The Trump administration says its proposal to shrink the Clean Water Act's reach would reduce regulatory burdens and provide clarity to farmers, homebuilders and other businesses, but it could face court challenges and potential reworking by future administrations.

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9th Circ. Halts 1 Of 2 Calif. Corporate Climate Disclosure Laws

By Rachel Riley

The Ninth Circuit on Tuesday blocked a new California law requiring large companies to publicly disclose financial risks tied to climate change, barring enforcement as an appeal by the U.S. Chamber of Commerce and other business groups challenging the policy unfolds in federal appellate court.

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Ill. Justices Mull If Permits Override Pollution Exclusions

By Celeste Bott

Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday to find a pollution exclusion in their insurance policy doesn't apply to emissions allowed under a state permit, insisting the policyholders are not polluters under Illinois law or "in the general sense of the word."

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NJ Township Seeks To Revise $2.5B DuPont PFAS Settlement

By Mike Curley

Carneys Point Township, New Jersey, is aiming to intervene in the state's federal suit against E.I. du Pont de Nemours & Co. and others over PFAS contamination, saying a settlement of more than $2.5 billion interferes with its own claims against the company.

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1st Circ. May Nix Trump Funding Freeze In 'Weird' Case

By Chris Villani

The First Circuit on Tuesday hinted that a federal judge may have been in bounds when blocking the Trump administration from withholding certain funds for states, expressing skepticism that the judge's order was improper or overly broad.

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Broadband Permit Reforms Survive House Subcommittee

By Nadia Dreid

The House Communications and Technology Subcommittee had a productive morning Tuesday, consolidating 28 bills largely related to broadband permitting into seven and passing them along to the full committee for review.

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Judge Questions If Trump's Say-So Makes Wind Edict Legal

By Julie Manganis

A Massachusetts federal judge on Tuesday lamented a lack of clear guidance from higher courts as she considered whether wind farm permits can be put on hold indefinitely based solely on a directive from the president.

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NTSB Flags Vessel's Loose Wire In Key Bridge Collapse Probe

By Linda Chiem

A single loose wire triggered a power failure aboard the container carrier that slammed into Baltimore's Francis Scott Key Bridge last year, and the absence of an effective warning system didn't give construction workers enough time to clear the collapsing bridge, the National Transportation Safety Board determined Tuesday.

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Fla. Condo Says Insurers Handled Storm Claim In Bad Faith

By Hope Patti

A group of property insurers acted in bad faith by failing to properly, timely and fairly adjust a claim for damage caused by Hurricane Sally in 2020, the owner of a Pensacola condominium complex told a Florida federal court.

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Calif. Species Protections Will Increase Compliance Burdens

California's recently enacted A.B. 1319 automatically protects species when the federal government rolls back its own protections — which could mean an onslaught of state-level compliance mandates for the regulated community that come with no advance notice or public hearings, says attorney David Smith.

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Litigation Funding Could Create Ethics Issues For Attorneys

A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

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Bonus Spotlight

Cravath Unveils Associate Bonuses, Multiple Firms Follow

By Aebra Coe

Multiple firms swiftly fell in line Tuesday evening just hours after Cravath Swaine & Moore LLP announced associate bonuses in line with those offered last year, continuing a long tradition of BigLaw firms following Cravath's lead on compensation.

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Pillsbury Winthrop Latest Firm Targeted By Data Breach Suit

By Hailey Konnath

Pillsbury Winthrop Shaw Pittman LLP on Tuesday was hit with a proposed class action stemming from a data breach the firm says happened in April, adding to the growing litigation firms are facing in the aftermath of cyberattacks.

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Analysis

Perkins Coie's Trump Fight Doesn't Scare Off UK Suitor

By Chris Villani

Perkins Coie LLP's ongoing fight with the Trump administration did not deter a proposed combination with British law firm Ashurst, signaling that the legal community is not worried about fallout from the president's suspension of the firm's security clearances.

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Republican Senators Seek Judge Boasberg's Suspension

By Courtney Bublé

Six Republican senators, three of whom sit on the Senate Judiciary Committee, are asking that Chief U.S. District Judge James E. Boasberg of the District of Columbia be administratively suspended while Congress considers his impeachment.

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Sanctioned Atty Convinces Mo. Court Errors Not Caused By AI

By Emily Sawicki

A Missouri federal judge sanctioned former counsel for Liberty Mutual Personal Insurance Co. Monday for including citation errors in a motion this fall, finding that, although the attorney likely inserted the errors herself without the use of AI software, "such carelessness, exacerbated by a lack of internal guardrails, is entirely unacceptable."

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Brief

Conn. Atty Fined $500 For AI-Generated Errors In Wage Suit

By Emily Sawicki

In an order that noted an attorney's remorse, a Connecticut federal judge sanctioned a solo practitioner $500 this week for submitting a brief packed with false, AI-generated case citations, finding the fake authorities wasted court resources, risked misleading a pro se litigant and undermined trust in the judicial system.

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Disbarred NC Atty Must Pay $5.2M For Escrow Fund Misuse

By Abigail Harrison

A disbarred attorney was ordered to pay $5.2 million in restitution and serve four years of probation during a Tuesday sentencing hearing in North Carolina federal court, after he pled guilty to a criminal wire fraud charge related to the misuse of escrow funds.

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Judge Upholds NY Law Blocking ICE Courthouse Arrests

By Andrea Keckley

New York beat back a federal lawsuit challenging the state's policy barring immigration officials from arresting people near its courthouses, after a federal judge rejected the U.S. Department of Justice's preemption claims.

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NY AG James Blasts 'Outrageous Conduct' Behind Indictment

By Adrian Cruz

New York Attorney General Letitia A. James has told a Virginia federal court to dismiss the U.S. government's indictment of her, calling it "patently unconstitutional" and "outrageous conduct."

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McGuireWoods Is Delaying Defamation Case, NC Justices Told

By Hayley Fowler

The former CEO of a managed care organization who alleges McGuireWoods and one of its ex-partners defamed him during a press conference more than seven years ago has told North Carolina's top court not to take up the case, panning their petition as yet another stalling tactic.

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Brief

Missouri Federal Judge To Take Senior Status

By Courtney Bublé

U.S. District Judge Douglas Harpool of the Western District of Missouri has given notice he will take senior status upon the confirmation of state Judge Megan Benton, whose nomination to the federal bench President Donald Trump announced Friday.

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CFPB's Gradler Takes Deputy Post Amid Agency Uncertainty

By Jon Hill

Geof Gradler, a former industry lobbyist who recently joined the Consumer Financial Protection Bureau's front office, said that he is taking over as the agency's deputy director, a job that positions him as a potential successor to acting director Russell Vought.

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