The Fifth Circuit on Tuesday expedited a case brought by Venezuelans who are accused of being gang members and who are challenging the use of a 1798 wartime law to deport them to an El Salvador prison, with one judge chastising the U.S. Supreme Court's majority for allowing the appeal to move forward.
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WEDNESDAY, MAY 21, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

'Not A Denny's': 5th Circ. Judge Chides High Court Stopwatch

By Lauren Berg

The Fifth Circuit on Tuesday expedited a case brought by Venezuelans who are accused of being gang members and who are challenging the use of a 1798 wartime law to deport them to an El Salvador prison, with one judge chastising the U.S. Supreme Court's majority for allowing the appeal to move forward.

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The Alien Enemies Act Cases: A Roundup

By Britain Eakin

Litigation over President Donald Trump’s March 14 proclamation invoking the 1798 Alien Enemies Act has moved at breakneck speed, spurring two U.S. Supreme Court decisions already while at least five different districts weigh his authority to invoke the wartime law. Here, Law360 catches you up on major developments in the litigation.

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Trump Case May Bolster Wis. Judge's Pitch For Immunity

By Jack Karp

The Wisconsin judge accused of obstructing federal immigration authorities' arrest of an unauthorized migrant in her courtroom has a strong argument that judicial immunity protects her after the U.S. Supreme Court's presidential immunity ruling, some experts say, while others say judicial immunity does not extend to criminal prosecutions.

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Chancery Orders EB-5 Co. Head To Pay Ousted Member $6.9M

By Jeff Montgomery

A Delaware vice chancellor has ordered the founder and controller of a Philadelphia-based center that oversees an investment incentive program for foreign nationals to pay nearly $6.9 million to a member who was obliged to cash out under what the court found to be unfair, conflicted terms.

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9 Students Can Keep F-1 Visa Status, NJ Judge Says

By George Woolston

A New Jersey federal judge has blocked the U.S. Department of Homeland Security from detaining or deporting a group of nine international students or terminating their F-1 immigration status, finding that there is no evidence the students failed to maintain it.

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LITIGATION

Feds Ignored Order With South Sudan Removals, Judge Told

By Brian Dowling

Lawyers for immigrants at risk of being deported to countries where they have no prior ties and may face harm told a Boston federal judge Tuesday that the government removed at least two class members to South Sudan in violation of a court order.

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9th Circ. Says Dad Didn't Show Sons' Hardships If Deported

By Rae Ann Varona

The Ninth Circuit on Tuesday rejected a Mexican father's bid for deportation relief based on extreme hardships he claimed his sons would face if they accompanied him to Mexico, saying in a published opinion that substantial evidence suggested otherwise.

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4th Circuit Won't Halt Order For Asylum-Seeker's Return

By Madeline Lyskawa

A divided Fourth Circuit denied the Trump administration's request to halt a district court order requiring the government to bring back a 20-year-old Venezuelan with a pending asylum application who was deported to a Salvadoran prison despite a class settlement barring his removal.

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Gov't Says Unions Too Slow In Calling For Halt Of Restructure

By Beverly Banks

President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.

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EXPERT ANALYSIS

Expect Eyes On Electronic Devices At US Entry Points

Electronic device searches are becoming common at U.S. border inspections, making it imperative for companies to familiarize themselves with what's allowed, and mandate specific precautions for employees to protect their privacy and sensitive information during international travel, say attorneys at Seyfarth.

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LEGAL INDUSTRY

Injunction On Trump Order Limited To Perkins, Judge Clarifies

By Dorothy Atkins

A D.C. federal judge on Tuesday clarified the scope of her injunction blocking President Donald Trump's executive order targeting Perkins Coie LLP, explaining that her ruling prohibits the president from directing government agencies to investigate only Perkins Coie's employment practices and not the other BigLaw firms.

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SEC Chair Says Staff Exits Have Left Holes In Agency

By Jessica Corso

U.S. Securities and Exchange Commission Chair Paul Atkins told Congress Tuesday that the agency has lost hundreds of employees in recent months due to voluntary buyouts and early retirement incentives, and that some now-missing expertise will need to be replaced. 

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Analysis

CFPB's Guidance Purge May Have Limited Impact For Industry

By Jon Hill

The Trump administration's recent culling of Consumer Financial Protection Bureau guidance may help advance the agency's pivot to lighter-touch regulation, but consumer advocates and even some financial services attorneys say the rescinded policies could still shape litigation and leave companies guessing about the agency's current views.

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Attys For Alleged Fox Hacker 'Deeply Regret' Fake AI Citations

By Matt Perez

Two attorneys apologized to a Florida federal judge on Monday for filing a motion to dismiss charges against their client — alleged Fox News video hacker Timothy Burke — that contained fake legal citations generated by artificial intelligence.

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Insurers Say Legal Malpractice Costs Keep Outpacing Inflation

By Emily Sawicki

The frequency at which major law firms faced malpractice claims held relatively steady in 2024, but payouts on claims continued to boom at a rate outpacing general inflation, according to this year's legal professional liability insurance survey, with nearly half of insurers surveyed reporting having paid at least one claim over $150 million.

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Amazon, Apple Get Atty Fees Over Dropped Antitrust Plaintiff

By Bonnie Eslinger

A Washington federal judge on Tuesday ordered an ousted lead plaintiff's counsel in a proposed antitrust class action against Amazon and Apple to pay a combined $223,000 in attorney fees to the defendants after finding last month that the lawyers had failed to tell the court that their client had abandoned the case.

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GSA Official Gives Mea Culpa On 'Non-Core' Federal Property

By Courtney Bublé

A top official of the federal government's real estate overseer testified on Tuesday that the administration was a bit rash in publishing a list two months ago with more than 400 "non-core" government properties, including federal courthouses, that it was considering disposing of.

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DOJ Watchdog Asked To Probe AG's Trump Media Stock Sales

By Craig Clough

Rep. Jamie Raskin of Maryland, the ranking Democrat on the House Judiciary Committee, on Tuesday urged the U.S. Department of Justice's inspector general to investigate Attorney General Pam Bondi's sale of millions of dollars' worth of shares in Trump Media just ahead of the stock market plunging.

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Dem Lawmakers Reintroduce Supreme Court Ethics Bill

By Lauren Berg

Two Democratic lawmakers on Tuesday reintroduced bills in the House and Senate that would require the U.S. Supreme Court to adopt a binding ethics code and create new recusal and disclosure standards for the nine justices.

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State AGs Back NJ Judicial Privacy Law At 3rd Circ.

By Jack Karp

Most states' attorneys general, along with law enforcement organizations and a data privacy group, have encouraged the Third Circuit to uphold a New Jersey judicial privacy measure, saying states have sovereignty to enact such laws in a time of increased threats against judges.

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LAW FIRMS IN TODAY'S NEWS

Altshuler Berzon

Ballard Spahr

Bird Marella

Blank Rome

Boies Schiller

Buchanan Ingersoll

Clark Hill

Constangy Brooks

Covington & Burling

David Boies

Davis Wright Tremaine

FisherBroyles

Freeman Mathis

Gibbons PC

Goodwin Procter

Gordon Rees Scully Mansukhani

Greenberg Traurig

Greenspoon Marder

Hagens Berman

Kaufman Dolowich

Kleinberg Kaplan

Lewis Brisbois

Lowenstein Sandler

Manatt Phelps

Mancini Shenk

McLaughlin & Stern

Morgan & Morgan

O'Melveny & Myers

Orrick Herrington

Perkins Coie

Pierson Ferdinand LLP

Prickett Jones

Quinn Emanuel

RKW LLC

Raj Ferber

Redgrave LLP

Riker Danzig

Seyfarth Shaw

Sidley Austin

Skellenger Bender

Starr Gern

Stinson LLP

Strang Bradley

Thompson Hine

Troutman

Weil Gotshal

Weir Greenblatt

Williams & Connolly

Wood Smith

COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

American Bankers Association

American Civil Liberties Union

American Federation of Government Employees

American Federation of Labor & Congress of Industrial Organizations

American Federation of State County & Municipal Employees

American Geophysical Union

American Public Health Association

Ames & Gough Insurance Risk Management Inc.

Apple Inc.

Bet Tzedek Legal Services

Chevron Corp.

Citizens for Responsibility & Ethics in Washington

Consumer Federation of America

Crum & Forster Holdings Corp.

Democracy Forward Foundation

Electronic Privacy Information Center

Gleason Corp.

Google LLC

Hobby Lobby Stores

Human Rights First

Ironshore Inc.

Kids in Need of Defense

Liberty Mutual Insurance Group

National Consumer Law Center Inc.

Natural Resources Defense Council

Protect Democracy Project Inc.

Public Counsel

Service Employees International Union

Southeastern Pennsylvania Transportation Authority

Swiss Reinsurance Co. Ltd.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Consumer Financial Protection Bureau

Delaware Court of Chancery

Equal Employment Opportunity Commission

Executive Office of the President

Federal Bureau of Investigation

Federal Reserve System

National Labor Relations Board

National Science Foundation

Peace Corps

Small Business Administration

Social Security Administration

U.S. Attorney's Office for the Eastern District of Wisconsin

U.S. Attorney's Office for the Middle District of Florida

U.S. Attorney's Office for the Northern District of California

U.S. Citizenship and Immigration Services

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Customs and Border Protection

U.S. Department of Agriculture

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Energy

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. Department of Transportation

U.S. Department of Veterans Affairs

U.S. Department of the Interior

U.S. Department of the Treasury

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of New York

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Pennsylvania

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. General Services Administration

U.S. Immigration and Customs Enforcement

U.S. Office of Personnel Management

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the District of Colorado