Analysis

Drugmakers Fight Multifront Legal Battles Over GLP-1s

By Hannah Albarazi

In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.

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Analysis

US Removal Of Maduro Won't Curb Energy Cos.' Caution

By Keith Goldberg

U.S. oil and gas companies will need significant legal and regulatory assurances that any new investment in Venezuela will be shielded from political instability before heeding President Donald Trump's call to fortify the country's floundering oil and gas industry.

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Q&A

Public Health Atty Talks Botulism, Infants And FDA Staffing

By Hannah Albarazi

Three years ago, a bacterial outbreak at a Michigan manufacturing plant sparked a shutdown and a national infant formula shortage. Another episode last year at a formula plant in Iowa should be a red flag for the public and a short-handed FDA, according to Sarah Sorscher of the Center for Science in the Public Interest.

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Judgeship Nomination Not Renewed Amid Fla. Charity Probe

By Courtney Bublé

The nomination of John Guard, senior counselor to the attorney general of Florida, for a Middle District of Florida federal judgeship, has not been renewed for the new session of Congress after he came under scrutiny in a criminal probe regarding a charity connected to Florida Gov. Ron DeSantis.

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Texas Justices Erase ABA Approval In Bar Admissions

By Lynn LaRowe

The Texas Supreme Court on Tuesday issued an order ending a longstanding rule requiring graduation from a law school approved by the American Bar Association for admittance to the state bar, with the court giving itself the authority for accreditation.

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Wyo. High Court Strikes Down 2 Laws Restricting Abortion

By Mark Payne

The Wyoming Supreme Court struck down the state's near-total abortion ban and a first-of-its-kind prohibition on abortion pills on Tuesday, saying the laws violated the state constitution.

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9th Circ. Says Christian Ministry Can Reject Gay Applicants

By Anne Cullen

The Ninth Circuit ruled Tuesday that a Christian ministry is constitutionally clear to refuse employment to people based on their sexual orientation, explaining that the First Amendment allows religious ministries to prefer candidates who share their beliefs about marriage and sexuality.

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Halligan Ordered To Explain Why She's Still Listed As US Atty

By Hailey Konnath

A Virginia federal judge Tuesday ordered Lindsey Halligan to explain why she was still identifying herself as a U.S. attorney despite another judge's order finding that the former insurance lawyer hadn't been properly appointed and was serving illegally on an interim basis.

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'Get Over' Yourself, Ho Says To Judges' Independence Worry

By Lauren Berg

U.S. Circuit Judge James C. Ho snapped back at colleagues on the bench who have raised the alarm over threats to judicial independence, writing in an article that those complaining judges "need to get over themselves" and stop bowing to the "cultural elites" who oppose the Trump administration.

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Judiciary Advisers Predict Clashes Over AI, Remote Testimony

By Jeff Overley

The federal judiciary's policy advisers appeared divided Tuesday over efforts to align procedural rules with digital age technology and preferences, and they predicted a torrent of impassioned input if they open up their delicate internal debates to the entire public.

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Fulton County Says Feds Can't Force Release Of 2020 Ballots

By Chart Riggall

Fulton County, Georgia's clerk of court called on a federal judge to toss the Trump administration's bid to force her to hand over 2020 election ballots, arguing the government sought the records under the wrong law and in the wrong venue.

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German Waived Challenge To $4.6M SEC Tab, 1st Circ. Hints

By Julie Manganis

A German national's failure to formally respond to discovery requests probing whether he is subject to personal jurisdiction in the United States may have undermined his challenge to a $4.6 million default judgment in a U.S. Securities and Exchange Commission fraud case, a First Circuit panel suggested Tuesday.

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Bankers Urge Senate To Ban Stablecoin Yield Payments

By Aislinn Keely

The American Bankers Association is doubling down on efforts to convince policymakers to outlaw yield payments for stablecoins, urging banking CEOs and their clients to flood U.S. senators with letters and calls as a forthcoming crypto market structure bill presents an opportunity to solidify the prohibition.

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Feds Sue Calif. Cities To Extinguish Natural Gas Bans

By Lauren Berg

The Trump administration is going after two cities in California over building codes that ban natural gas infrastructure in newly constructed buildings, alleging in a lawsuit Monday that these local rules "impose crushing costs" on Californians and run afoul of federal law.

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FDA To Ease Regulation Of Wearables, Decision Software

By Dan McKay

U.S. Food and Drug Administration Commissioner Marty Makary touted new federal guidance on Tuesday that he said would promote innovation by making it easier to bring certain kinds of wearable devices and clinical-decision software to market without a strict regulatory review.

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1st Circ. Questions Feds' Mootness Claim In NIH Grant Suits

By Julie Manganis

The First Circuit appeared to push back Tuesday on assertions by the government that new guidance for terminating medical research grants over supposed links to issues like DEI, gender identity and vaccines — along with a partial settlement last week — moot a pair of lawsuits challenging the directives.

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7th Circ. Blocks Satanic Temple's Ind. Abortion Law Challenge

By Celeste Bott

The Seventh Circuit ruled Tuesday the Satanic Temple doesn't have standing to challenge Indiana's abortion ban, saying it has no ties to an in-person abortion clinic in the state and that its argument it could be prosecuted for providing telehealth appointments to those seeking the procedure isn't enough to show injury.

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RFK Jr. Can't Avoid Medical Groups' Challenge To Vax Policy

By Carolyn Muyskens

A Boston federal judge on Tuesday rebuffed U.S. Health and Human Services Secretary Robert F. Kennedy Jr.'s bid to dismiss a challenge to vaccine policy changes, saying medical associations have plausibly alleged a federal vaccine committee is not fairly balanced.

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Cigna Accused Of Rigging Market For Life-Saving Drugs

By Bryan Koenig

Patients with chronic health conditions sued Cigna in an Illinois federal court alleging in a proposed class action Tuesday that the company and its pharmacy and pharmacy benefit manager subsidiaries use exclusive agreements to lock users into a network where Byzantine refill processes have been deliberately erected to limit payouts for life-saving drugs.

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FTC Signals Support Of Miss. Bill For Midwives' Solo Practice

By Gianna Ferrarin

A Federal Trade Commission official on Monday encouraged a Mississippi lawmaker to keep in mind the possible motives of opponents of proposed legislation that would exempt midwives from having to contract with physicians to provide advanced-level nursing care.

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Groups Again Push Fed. Circ. To Eye 'Settled Expectations'

By Ryan Davis

The latest petition challenging the U.S. Patent and Trademark Office's use of "settled expectations" based on a patent's age to deny reviews has gotten support from several industry groups, which told the Federal Circuit the policy will cause "severe damage" to the patent system.

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Kalshi Seeks To Keep Status Quo Amid Sports Contract Fight

By Alex Lawson

Kalshi is urging the Ninth Circuit to allow it to continue offering sports event contracts as it litigates a patchwork of cases from state gaming regulators arguing that the trading platform is using the contracts to violate sports betting laws.

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FTC Urges DC Circ. To Unblock Media Matters Probe

By Matthew Perlman

The Federal Trade Commission told the D.C. Circuit the agency's investigation into left-leaning watchdog Media Matters for America is about potential collusion in the advertising industry, not retaliation for reporting on Nazi content, and said a lower court was wrong to block the probe.

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Brief

Markey Slams 'Reckless' Media Onslaught After CPB's End

By Christopher Cole

Sen. Ed Markey, D-Mass., blasted the Trump administration for what he described as a relentless attack on public media after the Corporation for Public Broadcasting shut down following the termination of its federal funding.

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Calif. Locomotive Emissions Rule Repeal Ends Industry Suit

By Linda Chiem

A California federal judge on Tuesday dismissed a legal challenge from rail industry groups to a since-repealed regulation that would've required railroads to transition to zero-emission locomotives in the Golden State, closing the book on the dispute after the parties agreed to drop the case.

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4th Circ. Revives Black Ex-Baltimore Cop's Race Bias Suit

By Vin Gurrieri

A divided Fourth Circuit on Tuesday revived a Black former Baltimore police officer's suit alleging she was treated less favorably than non-Black officers by being pushed out, saying she offered adequate examples of other officers who received more leniency than she did for alleged misconduct for her race discrimination claim to survive.

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Wilcox Asks DC Circ. To Protect NLRB's Independence

By Emily Brill

The D.C. Circuit should reverse a decision by two of its judges that would end the National Labor Relations Board's independence if allowed to stand, former board member Gwynne Wilcox argued, seeking to nix a ruling that lets President Donald Trump remove and replace NLRB members at will.

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Ex-EEOC Officials Decry Harassment Guidance Rollback

By Hailey Konnath

A group of former top officials at the Equal Employment Opportunity Commission and U.S. Department of Labor on Tuesday issued a statement criticizing the Trump administration's proposed elimination of guidance on workplace harassment, saying it's an attack on the LGBTQ community and strays from U.S. Supreme Court precedent.

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Texas Court Reverses Halt On Samsung's TV Data Collection

By Allison Grande

A Texas state judge Tuesday lifted his temporary block on Samsung deploying technology that the state's attorney general has alleged the television maker is using to unlawfully spy on viewers and harvest their data.

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BofA Faces Customer Suit Over Post-Jan. 6 'Surveillance'

By Jon Hill

Bank of America was hit with a putative class action accusing it of financial privacy violations tied to the aftermath of the Jan. 6, 2021, U.S. Capitol attack, alleging the bank aggressively mined and illegally shared customer data with authorities looking for leads.

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5th Circ. Pushes FDA On 'De Facto' Vape Marketing Ban

By Spencer Brewer

A Fifth Circuit panel seemed leery of the U.S. Food and Drug Administration's claim that it had no de facto ban in place for flavored refillable e-cigarette products, saying Tuesday that denying hundreds of thousands of applications seemed an awful lot like a ban.

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Cider-Maker Challenges Federal Ban On Vintage Labeling

By Ben Adlin

A Washington state maker of alcoholic beverages is challenging a federal government restriction that prevents producers of cider, mead and wines made from any fruit besides grapes from including vintage years on their product labels, arguing that the policy withholds information from consumers and violates the First Amendment.

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Top Personal Injury, Medical Malpractice Cases Of 2025

By Y. Peter Kang

A headline-grabbing $329 million wrongful death verdict against Tesla and a landmark $2.5 billion deal between DuPont and New Jersey over PFAS "forever chemicals" are among Law360's top personal injury and medical malpractice cases from 2025.

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Wash. Atty Impaled By Debris In National Park Can Sue Feds

By Rachel Riley

A Washington federal judge declined to toss an attorney's lawsuit against the federal government alleging he was impaled by wooden debris in Lake Chelan after jumping from a dock at a National Park Service campground, but said the court needs more information to be sure the case satisfies jurisdictional requirements.

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Vape Interests Look To 5th Circ. To Halt Miss. E-Cig Law

By Jonathan Capriel

A coalition of vaping interests is asking the Fifth Circuit to revive its lawsuit seeking to end a Mississippi law that blocks the sale of synthetic nicotine products, the same parties that are also moving forward with similar efforts at the Sixth Circuit.

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San Diego Sues DHS Over Marines' Border Barrier

By Elaine Briseño

The city of San Diego has sued the Department of Homeland Security over what it described as an unauthorized installation of razor-wire fencing by the U.S. Marines in a city-owned protected wildlife habitat area near the southern border.

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US Imposes Triple-Digit Duties On Indian, German Hexamine

By Dylan Moroses

Imported hexamine from certain producers in India and Germany faces triple-digit antidumping duties after the Commerce Department finalized a determination late last year that those goods were sold at less than fair value, according to a notice issued Tuesday.

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Ireland Offers Europe's First Tax Break For Unscripted Shows

By Kevin Pinner

Ireland is offering a corporate tax credit for unscripted productions that promote Irish and European culture, the Department of Finance said, noting that the initiative is the first of its kind in Europe.

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NJ Bill Aims To Earmark $2.5B In Development Tax Credits

By Michael Nunes

New Jersey would earmark $2.5 billion in economic development tax credits, with up to $300 million designated for sports and entertainment projects, as part of a bill introduced in the state Assembly.

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Tax Firm Says IRS Can't Justify Microcaptive Reporting Rules

By Natalie Olivo

A global tax services provider urged a Texas federal court to vacate tax reporting rules for microcaptive insurance companies, arguing that the Internal Revenue Service failed to provide evidence of tax evasion that would justify the regulations.  

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WH Says Judge Can't Pursue Immigration Contempt Probe

By Jared Foretek

The Trump administration has once again told the D.C. Circuit that U.S. District Judge James Boasberg lacks the constitutional authority to open a contempt probe into the government's removal of hundreds of Venezuelan migrants against his emergency order in March, calling the investigation an "unprecedented criminal fact-finding inquisition."

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DHS Blasts ICE Detainees' Lengthy Conditions Complaint

By Lauraann Wood

The U.S. Department of Homeland Security is urging an Illinois federal judge to toss a class action claiming federal immigration officials subjected detainees to inhumane conditions at a Chicago-area holding facility, saying the complaint is "unnecessarily long" and otherwise fails to plead valid constitutional or procedural claims.

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Rep. McIver To Face All Counts From Detention Center Scrum

By George Woolston

U.S. Rep. LaMonica McIver, D-N.J., must face the full criminal indictment accusing her of assaulting federal officers outside an immigration detention center in Newark, a New Jersey federal judge has ruled.

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IRS Appeals Pause Of ICE Info-Sharing Agreement

By Anna Scott Farrell

The Internal Revenue Service is appealing to the D.C. Circuit a federal court order temporarily stopping the agency from sharing confidential taxpayer addresses with immigration enforcement officials, according to a filing Tuesday in D.C. federal court.

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Visa Suit Tossed After DHS Restored Students' Status

By Craig Clough

A Washington federal judge agreed Tuesday to dismiss a lawsuit a student brought against the U.S. Department of Homeland Security after it reinstated his visa status, finding the action is moot because the government indicated it has no plans to re-terminate visas based on criminal database searches.

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Ciminelli Walks As 10-Year Buffalo Billion Fraud Case Ends

By Stewart Bishop

The long and contentious corruption case against New York developer Louis Ciminelli and others that led to a landmark U.S. Supreme Court ruling on fraud came to a close Tuesday, after he pled guilty and was sentenced to no time in prison.

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Former Ga. State Legislator Accused Of Pandemic Aid Fraud

By Kelcey Caulder

A former Georgia state House member was charged Monday with fraudulently obtaining pandemic-era unemployment benefits, the second Democratic lawmaker from the Peach State targeted in a criminal case related to COVID-19 relief in the past month. 

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Calif. Tribe Rejects Feds' Delay In 40-Acre Land Transfer Fight

By Crystal Owens

A California tribe is asking a D.C. federal court to deny a bid by the U.S. Department of the Interior for an indefinite stay in responding to a challenge to the agency's decision to approve a 40-acre land transfer for a fellow state tribe's casino project.

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Creek Nation Fights Okla. Over Tribal Hunting Rights

By Crystal Owens

The Muscogee (Creek) Nation has joined three fellow Oklahoma tribes in asking a federal court to block state wildlife officials from requiring tribal citizens to obtain state licenses to hunt and fish on their reservation lands, arguing that the practice violates its sovereignty and right to self-govern.

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ISP Asks Feds To Preempt SC City Over Fiber Deployment

By Christopher Cole

A broadband provider has urged the Federal Communications Commission to use its preemption authority to block a South Carolina city's requirements for deployment of new internet services.

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Top Groups Lobbying The FCC

By Christopher Cole

Groups lobbying the Federal Communications Commission stayed busy in December as the agency closed out a year of rapid change, with advocates focused on satellite spectrum sharing, amateur radio rules, network recovery on the U.S. Virgin Islands, and more.

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Brief

Indiana Lawmaker Files Marijuana Decriminalization Bill

By Sam Reisman

An Indiana state lawmaker has introduced legislation to decriminalize personal possession of small amounts of marijuana.

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Ex-CFTC Chair, Robinhood's Top Atty Join FINRA Board

By Jessica Corso

Former U.S. Commodity Futures Trading Commission Chair Rostin Behnam and the chief legal officer for popular trading app Robinhood Markets are among those whose appointment to the board of Financial Industry Regulatory Authority was announced on Tuesday.

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Justices' Separation-Of-Powers Revamp May Hit States Next

The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.

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The 5 Most Important Bid Protest Decisions Of 2025

In a shifting bid protest landscape, five decisions in 2025 from the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office that addressed bedrock questions about jurisdictional reach and the breadth of agency discretion are likely to have a lasting impact, say attorneys at Bradley Arant.

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How Shareholder Activism Fared In 2025

2025 was a turbulent yet transformative year in shareholder activism, and there are several key takeaways to help companies prepare for a 2026 that is shaping up to be even more lively, including increased focus on retail investors and the use of social media as a tool, say attorneys at Sidley.

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Trending At The PTAB: The Policies That Are Redefining IPR

The evolution of the Patent Trial and Appeal Board's inter partes review institution regime last year, coupled with the policy considerations behind that evolution, marks a shift toward greater gatekeeping of the U.S. Patent and Trademark Office's resources and patent enforcement rights, say attorneys at Finnegan.

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US Sanctions Targeting Russia's Oil Giants Heighten Biz Risks

Businesses operating in the energy sector, both in and outside the U.S., should review their operations for any links to Russian oil companies and their subsidiaries recently targeted by U.S. sanctions, to avoid unexpected reputational and financial risk, and even secondary sanctions, say authors at Blank Rome.

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Key Trends In Healthcare Antitrust In 2025

The healthcare industry braced for significant antitrust enforcement shifts last year driven by a change in administration, and understanding the implications of these trends is critical for healthcare organizations' risk management and strategic decision-making in the year ahead, say attorneys at Michael Best.

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2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture

The Second Circuit’s recent U.S. v. Ross decision, partially denying the return of an attorney's seized funds based on rigid standing requirements, underscores the unforgiving technical complexities of civil asset forfeiture law, and provides several lessons for practitioners, says Elisha Kobre at Sheppard Mullin.

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4 Trends Shaping Drug And Medical Device Law For 2026

2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.

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Trump Announces First Judicial Picks Of 2026

By Courtney Bublé

President Donald Trump announced on Tuesday evening his first judicial nominees of 2026, a slate of four district court picks for Texas, Arkansas and Louisiana.

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Atty Apologizes For ChatGPT-Hallucinated Citations In Briefs

By Elliot Weld

A patent attorney has apologized to a Kansas federal judge for submitting a court filing with case citations hallucinated by ChatGPT, calling the experience "shameful and embarrassing" and saying he was in a poor mental state at the time due to his mother and aunt being hospitalized and dying shortly after.

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Girardi Keese CFO Must Use His Own Atty For Chicago Appeal

By Lauraann Wood

Girardi Keese's former financial chief cannot have counsel appointed to help him challenge the Illinois sentence he is serving alongside his 10-year California sentence for helping Tom Girardi steal millions from clients because he isn't pursuing the appeal in good faith, an Illinois federal judge has ruled.

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National Judicial College Names Idaho Law Dean As President

By Jake Maher

The National Judicial College has named a new president and chief executive officer, selecting the dean of the University of Idaho College of Law to become the first woman to hold the position.

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