Analysis

$100K H-1B Fee Could Sow Seeds Of Innovation Abroad

By Britain Eakin

Startup founders and their attorneys are warning that President Donald Trump’s $100,000 H-1B visa fee could push innovation and domestic job growth overseas if the fee prohibits U.S. startups from hiring the talent they need.

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Comey, James Defeat Charges Over Halligan's Appointment

By Ryan Boysen

A federal judge on Monday dismissed the headline-grabbing indictments of former FBI Director James Comey and New York Attorney General Letitia James, finding the controversial prosecutor handling both cases was not properly appointed.

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DC Circ. Says Process In Expedited Removals Likely Unlawful

By Rae Ann Varona

A split D.C. Circuit panel on Saturday largely refused to pause a lower court's postponement of the government's expanded bid to rapidly deport unauthorized noncitizens, saying the government likely won't succeed in arguing its expedited removal procedure passes constitutional muster.

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DOD Probes Sen. For Urging Troops To Defy Illegal Orders

By Courtney Bublé

The U.S. Department of Defense announced on Monday it is investigating Sen. Mark Kelly, D-Ariz., a retired Navy captain, for telling members of the military to not follow illegal orders.

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21 States Get Judge To Halt Trump Cuts Of 4 Fed. Agencies

By Joyce Hanson

A Rhode Island federal judge has blocked the Trump administration from eliminating four federal agencies that support museums and libraries, minority businesses, organized labor, and homeless services, handing a win to a coalition of 21 states that challenged the legality of the cuts.

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Ill. Judge Blocks Trump's DEI Conditions For Disaster Grants

By Allison Grande

An Illinois federal judge has temporarily enjoined the Trump administration from imposing certain conditions on the city of Chicago and other local governments seeking federal emergency funds, including that they halt diversity, equity and inclusion programs, finding that the challengers had demonstrated these conditions are "likely unlawful."

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Justices Asked To Curtail Qualified Immunity's Application

By Jared Foretek

A legal group dedicated to rolling back administrative power is urging the U.S. Supreme Court to take up the National Rifle Association's suit against a New York official for investigating insurance companies that worked with the gun-rights organization, arguing the Second Circuit was wrong when it ruled that the official was entitled to qualified immunity.

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Washington Judge Disciplined After Children Given Jobs

By Rachel Riley

The Washington Commission on Judicial Conduct reprimanded Stevens County District Court's presiding judge for greenlighting the hiring of her two adult children to various court positions, according to a Friday stipulation and order.  

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Fla. Must Face Racial Gerrymandering Claims On 4 Districts

By Carolina Bolado

A three-judge federal district court panel ruled that there is enough evidence showing that three Miami-area Florida House of Representatives districts and one congressional district may have been racially gerrymandered to warrant sending a lawsuit challenging them to trial.

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Texas Redistricting A 'Race-Based' Exercise, High Court Told

By Spencer Brewer

Several Texas voters and advocacy groups asked the U.S. Supreme Court to uphold an order from a lower court blocking Texas from adopting its new congressional map on Monday, telling the nation's highest court the state clearly had racial motivations for the redistricting.

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Mich. Sued Over Voting Eligibility For Overseas Spouses, Kids

By Carolyn Muyskens

Republicans have launched a fresh challenge to a Michigan law allowing spouses and children of overseas residents to vote, arguing the law impermissibly extends the vote to people who have never lived in the state.

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Justices Won't Hear Suit Over Trump's NCUA Firings, For Now

By Jon Hill

The U.S. Supreme Court said Monday that it won't immediately take up a challenge to President Donald Trump's removal of two National Credit Union Administration board members, turning down a request to hear the case alongside its review of his power to fire Federal Trade Commission members.

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CFPB Union Asks Court To Neutralize Fed Funding Block

By Jon Hill

The federal labor union suing over the dismantling of the Consumer Financial Protection Bureau has asked a Washington, D.C., federal judge to rule that the Trump administration may not shut down the agency simply by refusing to replenish its Federal Reserve funding.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court last week delivered a packed mix of fraud allegations, merger fallout, corporate-governance reforms and jurisdictional fights, while a new academic report ignited debate over attorney fee awards in Delaware's influential corporate forum.

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Judge Lets FERC's $1B Market Manipulation Case Proceed

By Keith Goldberg

A North Carolina federal judge on Monday declined to block the Federal Energy Regulatory Commission from imposing nearly $1 billion in enforcement penalties against an energy efficiency aggregator, saying the company hasn't shown its constitutional rights have been violated.

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PJM Says FERC Wrongly Nixed Grid Planning Change

By Keith Goldberg

PJM Interconnection has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly rejected a plan the regional grid operator brokered with transmission owners to make grid planning decisions without the approval of its members committee.

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Vt. Farmers, Enviro Org. Seek Win On Climate Superfund Law

By Juan-Carlos Rodriguez

Vermont organic farmers and an environmental group on Friday urged a federal judge to uphold the state's climate change Superfund law, which is being challenged by the Trump administration, red states and fossil fuel industry organizations.

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ND Justices Reverse Ruling That Struck Down Abortion Ban

By Dan McKay

North Dakota's near-total ban on abortion is back in effect after the state's top court narrowly reversed a lower court decision by failing to reach the supermajority required to declare the law unconstitutional.

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Mass. Judge Says States Can Fight Planned Parenthood Cuts

By Julie Manganis

A Massachusetts federal judge on Monday chided a Trump administration lawyer for continuing to argue that a coalition of states lacks standing to seek to block what it says is the effective defunding of Planned Parenthood, even as it only just received a lengthy list of new requirements for Medicaid reimbursement.

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Justices Won't Review Doctor's Conviction For Reusing Devices

By Abigail Harrison

The U.S. Supreme Court on Monday rejected a petition from a North Carolina physician seeking to revisit the Fourth Circuit's decision to back her conviction for healthcare fraud.

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Mich. Christian Health Group Claims Right To Deny Trans Care

By Gianna Ferrarin

A Christian health system urged a federal court to permanently prohibit Michigan from enforcing a state civil rights law barring discrimination based on sexual orientation and gender identity, arguing the statute unconstitutionally hampers its ability to make faith-based hiring and policy decisions.

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Oversight Chair Seeks USPTO Briefing On Litigation Funding

By Courtney Bublé

U.S. Rep. James Comer, R-Ky., chair of the House Oversight and Government Reform Committee, is seeking a briefing by the end of the month from the U.S. Patent and Trademark Office on third-party litigation funding and reforms the agency is working on.

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DC Circ. Panel Likely To Keep AP Out Of Press Pool

By Jared Foretek

A D.C. Circuit panel appeared likely to end an injunction barring the White House from keeping the Associated Press out of press pool events Monday, with two judges suggesting that there's room for the president to discriminate on viewpoint in certain events.

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Ohio High School Board Opens Up NIL Deals For Athletes

By Elaine Briseño

The Ohio High School Athletic Association announced Monday that it will now allow student-athletes to earn money from contracts for their name, image and likeness, following an Ohio court's temporary pause on a bylaw that banned such deals.

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Brief

NCAA Votes To Keep Ban On Pro Sports Betting For Athletes

By Elaine Briseño

The NCAA Division I member schools, with a two-thirds vote, rescinded a rule change that would have allowed student-athletes and staff to bet on professional sports.

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Transit Operator Says Union Standoff Risks $100M In Funding

By Emily Brill

A Florida public transit operator has accused a bus drivers union of withholding its signature on a safety plan that the Jacksonville Transit Authority must submit annually to obtain federal funding, asking a court to compel the union to either sign the plan or arbitrate its disagreements with it.

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Bid To Halt Fla. Suit Over Trump Library Land Transfer Denied

By David Minsky

A Florida state judge on Monday denied a bid to halt the proceedings of a lawsuit challenging the transfer of Miami Dade College land to construct the Donald J. Trump Presidential Library, citing the age of the retired professor who brought the complaint. 

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NC Landowners Assert Right To Fight Gas Facility Rezoning

By Abigail Harrison

A group of landowners fighting the development of a liquid methane gas storage facility told a North Carolina state appeals court that they were deprived of their rights under state law because some neighboring properties were not properly notified of the rezoning.

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NJ Towns Want Housing Provision Paused Amid Pending Suit

By George Woolston

Elected officials challenging a provision of New Jersey's new affordable housing framework have asked a Garden State federal court to preserve their municipalities' current zoning as they await the outcome of their pending suit.

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Anti-Disinformation Nonprofit Latest To Buck FTC Subpoena

By Bryan Koenig

The Federal Trade Commission has revealed another challenger that is contesting its subpoenas looking for potential group boycotts of advertising on disfavored platforms.

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High Court Won't Revive UBS Retaliation Case Again

By Sarah Jarvis

The U.S. Supreme Court on Monday said it would not again take up a fired UBS worker's whistleblower retaliation lawsuit concerning whether the Sarbanes-Oxley Act requires whistleblowers to show proof of discrimination or proof of retaliation.

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Colo. Hospitals Accused Of Denying Workers Break Pay

By Zach Dupont

A respiratory therapist told a Colorado state court that two hospitals violated state labor laws by neglecting to pay employees for missed breaks during shifts.

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DOJ Demand For Pa. Transgender Patient Records Blocked

By Hannah Albarazi

A Pennsylvania federal judge partially quashed part of a U.S. Department of Justice subpoena seeking health records for minors receiving gender-affirming care at The Children's Hospital of Philadelphia, ruling that the department lacked the statutory authority "for a rambling exploration" of medical files involving state-sanctioned medical care.

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Comcast To Pay $1.5M Over Hack Of Debt Collector, FCC Says

By Gina Kim

Comcast will pay $1.5 million and change its vendor oversight practices to resolve the Federal Communications Commission's investigation related to a 2024 data breach of a now-defunct debt collection company, which leaked the information of over 230,000 current and former Comcast customers, the agency announced on Monday.

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Conn. Must Pay $2.5M Over Foster Teen's Death

By Mike Curley

A Connecticut state judge has awarded $2.5 million to the estate of a teenager who died in therapeutic foster care, finding the state's poor records and communication led to the teen not receiving the care he needed.

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OMB Issues New Drone Procurement Security Framework

By Madeline Lyskawa

Office of Management and Budget Director Russell T. Vought has outlined a new framework for government procurement of drones, telling federal agencies that funds should go toward boosting domestic manufacturing and warning against cybersecurity threats posed by purchasing foreign-manufactured drones. 

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Feds' Claim Against Judge Weighing Trans Troops Ban Tossed

By Lauren Berg

The D.C. Circuit's chief judge tossed the U.S. Department of Justice's misconduct complaint against the federal judge overseeing litigation challenging the Trump administration's ban on transgender troops serving in the military, saying judicial misconduct proceedings are not the appropriate avenue to address concerns about a judge's impartiality.

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Brief

ITC To Probe Imported Van Trailers For Possible Duties

By Dylan Moroses

The U.S. International Trade Commission will investigate whether Mexican, Chinese and Canadian trailers for vans entering the U.S. are harming the domestic industry, according to a notice published Monday. 

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Guam Bill Would Create Amnesty Program For Overdue Taxes

By Zak Kostro

Guam would establish an amnesty program to provide for the waiver of penalties and interest on delinquent corporate and individual income taxes, property taxes and other outstanding tax liabilities under a bill introduced in its unicameral Legislature.

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Mass. AG Defends Boston's Sanctuary City Immigration Policy

By Chris Villani

Massachusetts Attorney General Andrea Joy Campbell on Monday argued that a Trump administration suit targeting Boston over its sanctuary policies should be tossed since the ordinance is in line with federal law and promotes the safety and well-being of all residents.

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Union Tells 1st Circ. Visa Ban Threatens Harvard's Talent Pool

By Elaine Briseño

The UAW filed an amicus brief in the First Circuit in support of Harvard University's fight to continue enrolling foreign students, warning that President Donald Trump's moves to limit visas are chasing away talented students.

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UFW Says H-2A Wage Rule Hurts American Workers

By Irene Spezzamonte

The U.S. Department of Labor rolled out an illegal rule related to the wage rate for H-2A agricultural workers that will push American farmworkers out of work, the United Farm Workers union told a California federal court.

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Navajo Nation Leaders Face Removal Bid Amid Ethics Lawsuit

By Crystal Owens

Navajo Nation President Buu Nygren is facing removal from office and a slew of misconduct allegations after a special prosecutor filed an ethics lawsuit against the top tribal leader, claiming he used his position to benefit himself through credit card misuse, nepotism and requiring staff to perform unnecessary work.

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Judge Pushes To Resolve Gaming Status Of $700M Casino

By Crystal Owens

A D.C. federal court judge is asking the federal government and several tribal nations for a report that lays out their positions on the Department of the Interior's reconsideration of gaming eligibility for a $700 million resort-style casino and hotel project in Vallejo, California.

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Judges Question Limits On FCC Power To Rework 4.9 GHz

By Christopher Cole

Washington, D.C., Circuit judges sounded unconvinced Monday that the Federal Communications Commission lacked authority to effectively hand control of 4.9 gigahertz airwaves to FirstNet during arguments from some band users' challenge to last year's controversial FCC revamp of the spectrum.

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FCC To Update Rules For Low Power TV Stations

By Christopher Cole

The Federal Communications Commission will consider next month whether to update the regulatory regime for low power TV broadcasters and adopt new rules to ensure anti-robocall compliance.

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Pot Club's Owners Wrong Parties To Block NYC Enforcement

By Mike Curley

A New York federal judge has shot down a bid to block enforcement of state and local New York cannabis laws, saying a couple who own a group of cannabis clubs are the wrong plaintiffs to seek such an order.

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RI Cannabis Rules Unconstitutionally Favor Locals, Suit Says

By Sam Reisman

A California attorney who has brought numerous constitutional challenges to state and local cannabis licensure programs across the country brought a federal lawsuit on Monday against the marijuana regulator of Rhode Island.

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Vape Co. Says FDA Sat On Application For Five Years

By Mike Curley

A California vape company is suing the U.S. Food and Drug Administration in D.C. federal court, saying the agency has been violating federal law by sitting on its application to market and sell flavored e-cigarette products for five years.

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State AGs May Extend Their Reach To Nat'l Security Concerns

Companies with foreign supply-chain risk exposure need a comprehensive risk-management strategy to address a growing trend in which state attorneys general use broadly written state laws to target conduct that may not violate federal regulations, but arguably constitutes a national security threat, say attorneys at Wiley.

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1st Trial After FCPA Pause Offers Clues On DOJ Priorities

After surviving a government review of Foreign Corrupt Practices Act enforcement, the U.S. v. Zaglin case reveals the U.S. Department of Justice still appears willing to prosecute individuals for conduct broadly consistent with classic priorities, despite the agency's new emphasis on foreign policy priorities, say attorneys at Debevoise.

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What To Watch As NY LLC Transparency Act Is Stuck In Limbo

Just about a month before it's set to take effect, the status of the New York LLC Transparency Act remains murky because of a pending amendment and the lack of recent regulatory attention in New York, but business owners should at least prepare for the possibility of having to comply, says Jonathan Wilson at Buchalter.

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5 Bonus Plan Compliance Issues In Financial Services

As several legal constraints — including a new California debt repayment law taking effect in January — tighten around employment practices in the fiercely competitive financial services sector, the importance of compliant, well-drafted bonus plans has never been greater, say attorneys at Jackson Lewis.

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Global Net-Zero Shipping Framework Faces Rough Waters

The decision of the International Maritime Organization's Marine Environment Protection Committee to delay its proposal for reducing greenhouse gas emissions from ships, in the face of strenuous U.S. objections, highlights the importance of proactive engagement with policymakers and strategic planning for different compliance scenarios, say attorneys at Blank Rome.

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Series

The Law Firm Merger Diaries: Making The Case To Combine

When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

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Bonus Spotlight

5 BigLaw Firms Match Prevailing Year-End, Special Bonuses

By Anna Sanders

BigLaw continues to dole out extra cash for attorneys just in time for the holidays, with five more firms matching the year-end and special bonuses previously announced by their peers.

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Calif. Personal Injury Law Firm Sued Over Ransomware Attack

By Gina Kim

A former Adamson Ahdoot LLP client lodged a proposed class action in California state court on Friday over a Nov. 3 ransomware attack, alleging the law firm failed to protect his personal information despite touting on its website that it follows industry standards to do so.

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Feature

Prep, Panic & Poise: Inside An Associate's First Oral Argument

By Jeff Overley

Fraser M. Holmes followed a long professional path to a Texas court's lectern. He'd been a baseball blogger, travel writer and social studies teacher before appellate law beckoned. After years of toil, a milestone moment — his first oral argument — finally arrived, but as justices took the bench, his heart sank: "Oh, my God. I think I've just forgotten my entire argument."

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Google Calls Rumble's Recusal Bid Irrelevant To Its Appeal

By Andrea Keckley

Google is urging the Ninth Circuit to disregard concerns Rumble has raised about the trial judge's relationship with the tech giant's litigation vice president, saying Friday that the information is irrelevant to the YouTube rival's appeal of the court's ruling that its antitrust lawsuit was filed too late.

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8th Circ. Won't Force Judge's Recusal In Pork Price-Fixing Case

By Matthew Perlman

The Eighth Circuit has denied a mandamus petition from Agri Stats Inc. and major pork producers who are seeking a Minnesota federal judge's recusal in price-fixing litigation based on a law clerk's previous work on a related case.

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