Analysis

Amid DEI Uncertainty, Cos. Face Pressure From All Sides

By Sarah Jarvis

Attorneys have been analyzing the Trump administration's many pronouncements against diversity, equity and inclusion programs over the past several months, only to be left with questions as to what exactly "illegal DEI" is and what the government will do to police it.

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SEC Strikes Deal With SolarWinds In Data Breach Case

By Jessica Corso

SolarWinds Corp. is on the cusp of resolving the U.S. Securities and Exchange Commission's novel case alleging the software developer hid faulty cybersecurity practices before a major breach, telling a New York federal judge Wednesday that the parties have agreed to a settlement.

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Navy Construction Bid Protest Targets Union Deal Mandate

By Tom Lotshaw

A company asked the U.S. Court of Federal Claims to strike down project labor agreement requirements Naval Facilities Engineering System Command reincorporated into a solicitation for the design and construction of multiple large-scale military facilities in Maryland, Virginia and Washington, D.C.

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GOP Reps. Want Probe Of RI Judge Blocking Funding Freeze

By Jack Karp

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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Feature

The Funniest Moments Of The Supreme Court's Term

By Jeff Overley

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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NC Newspaper Says County Retaliated Over Political Columns

By Abigail Harrison

The only newspaper serving a North Carolina county has sued three of its county commissioners in North Carolina federal court, alleging the trio revoked its status as the newspaper of record in retaliation over unflattering political cartoons and columns.

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Analysis

High Court Case Tops List of Securities Appeals To Watch

By Jessica Corso

The U.S. Supreme Court has agreed to take up at least one shareholder's lawsuit when it reopens its doors in October, and securities attorneys from both the plaintiff and defense bars will be watching that appeal and several others as the year moves forward.

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Justices' Review Of Fluor May Alter Gov't Contractor Liability

The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.

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Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits

Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.

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8 Ways Lawyers Can Protect The Rule Of Law In Their Work

Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

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Legal Sector Jobs Continue To Climb, Nearing All-Time High

By Aebra Coe

The U.S. legal industry added 2,800 jobs in June, marking four months in a row of job growth in the sector, according to preliminary data released Thursday by the U.S. Bureau of Labor Statistics.

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Analysis

Breaking Down The Vote: The High Court Term In Review

By Jack Karp

The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

Target's board faces a shareholder derivative suit that accuses the retail giant of damaging the company by implementing an LGBTQ+ Pride-themed marketing campaign, despite knowing the risk of "public backlash." Meanwhile, SolarWinds and the SEC are close to resolving a novel case that alleges the software developer hid faulty cybersecurity practices before a major breach. These are some of the stories in corporate legal news you may have missed in the past week.

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Analysis

The Firms That Won Big At The Supreme Court

By Jack Karp

The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

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Analysis

What Judges Might Ponder In Judicial Safety Law Challenge

By Carla Baranauckas

A Third Circuit panel set to examine the constitutionality of a judicial safety law born out of the murder of a New Jersey federal judge's son is tasked with what experts are viewing as a lesser-of-two-evils choice: chilling free speech or chilling public service.

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Ex-Treasury Official Joins Covington's Nat'l Security Practice

By Madeline Lyskawa

Covington & Burling LLP has boosted its national security practice with the hire of the former head of the U.S. Department of the Treasury's Office of Terrorism and Financial Intelligence under former President Barack Obama's administration as of counsel.

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Law360's Legal Lions Of The Week

By Kevin Penton

The Becket Fund for Religious Liberty leads this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that a Maryland school district burdened parents' religious rights when it declined to provide opt-outs from a policy that introduced LGBTQ-themed storybooks into its K-12 English curriculum.

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Spectrum, Border, Injunction Changes Included In Mega Bill

By Courtney Bublé

The House voted 218-214, almost along party lines, on Thursday on the reconciliation budget package, which includes a range of policy provisions on nationwide injunctions, spectrum and immigration and now goes to President Donald Trump's desk ahead of the decided Fourth of July deadline.

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Orrick Adds Nixon Peabody Public Finance Atty In LA

By James Mills

Orrick Herrington & Sutcliffe LLP is boosting its finance team, bringing in a Nixon Peabody LLP public finance pro as a partner in its Los Angeles office.

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Analysis

The Moments That Shaped The Universal Injunction Case

By Cara Bayles and Steven Trader

The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

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Justices Extend Due Process Pause To South Sudan Removals

By Katie Buehler

The U.S. Supreme Court clarified Thursday that its recent order allowing the Trump administration to send noncitizens to countries they have no connection to with little notice or chance to object extends to a group of men the government plans to send to South Sudan.

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Analysis

Circuit-By-Circuit Recap: Justices Send Message To Outliers

By Jeff Overley

It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

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