Analysis

Wanted: Temporary US Attorney, No Experience Needed

By Phillip Bantz

Frustrated by a string of court rulings disqualifying several of his U.S. attorney picks, President Donald Trump lamented recently that he might "just have to keep appointing people for three months and then just appoint another one, another one." Experts say the idea raises legal and practical issues.

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Judge Weighs Security Claims In Federal Bargaining Case

By Jared Foretek

A D.C. federal judge declined to immediately reinstate collective bargaining agreements for U.S. Patent and Trademark Office and National Weather Service employees Wednesday, saying the case brought by the workers was more "complicated" and "difficult" than other federal worker bargaining suits he'd recently enjoined.

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Calif. National Guard Deployment Must Stop, Judge Rules

By Ganesh Setty

A California federal court on Wednesday ordered President Donald Trump's administration to cease its mobilization of National Guard troops in California following recent protests over immigration raids in Los Angeles, finding no present threat to the rule of law exists to justify deployment.

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Courts Let Military Ban Trans, HIV-Positive Troops For Now

By Anne Cullen

Two federal appellate courts have cleared the federal government to enforce a pair of controversial policies restricting transgender and HIV-positive people from serving in the military, with each lifting trial court blockades on the rules while litigation challenging them plays out.

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DOJ Seeks Fairness Review From High Court In Tax Dispute

By Maria Koklanaris

A property owner is appropriately compensated if given surplus proceeds from a government sale of their property for more than the owner owed, provided the sale was conducted fairly, the federal government told the U.S. Supreme Court.

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AGs Say Judicial Safety Threats Reaching 'All-Time Highs'

By Matthew Santoni

Attorneys general for 43 states, three territories and the District of Columbia signed a letter to Congress urging more financial support for judicial security in the face of threats against judges, including funding for a program that lets judges scrub addresses and personal information from online databases.

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Judge Bove Faces Complaint Over Trump Rally Attendance

By Courtney Bublé

U.S. Circuit Judge Emil Bove, who previously served as President Donald Trump's personal defense attorney and a top official at the U.S. Department of Justice, has been hit with a judicial misconduct complaint for his appearance at a Trump event on Tuesday night.

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DOJ Gets Another OK To Unseal Epstein Grand Jury Docs

By Rae Ann Varona

The U.S. Department of Justice on Wednesday secured another Manhattan federal judge's permission to unseal grand jury and other evidentiary materials related to the investigation of late sex offender Jeffrey Epstein, with the judge saying that a new law Congress passed "unequivocally" intends for the materials to be public.

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Pelosi Attack Footage Unfairly Swayed Jurors, 9th Circ. Told

By Dorothy Atkins

David DePape urged the Ninth Circuit Wednesday to vacate his conviction and 30-year prison sentence for attempting to kidnap then-House Speaker Nancy Pelosi and assaulting her husband, arguing the trial judge committed multiple errors, including admitting prejudicial footage of Pelosi's husband lying in a pool of blood.

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DC Election Board Pushes To End Suit Over Noncitizen Voting

By Tom Lotshaw

The D.C. Board of Elections asked a federal judge to toss a revived suit targeting a law allowing noncitizen residents to vote in local elections, arguing the plaintiffs can't show the law discriminates against or violates the rights of citizens.

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Feature

Wyoming Charts New Legal Path To Launch Frontier Token

By Aislinn Keely

When a former federal prosecutor, now cryptocurrency regulator, was tasked with writing the rules to govern the first state-issued stablecoin, she looked to the U.S. Constitution and Wyoming's own laws to ensure the legality of the project rather than Congress' stablecoin law.

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OCC Review Flags Big Banks For Debanking Policies

By Jon Hill

A top U.S. banking regulator said Wednesday that some of the nation's largest banks improperly restricted services to industries including adult entertainment and oil drilling, according to preliminary findings from a White House-commissioned debanking review.

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10th Circ. Asked To Rehear Colo. Opt-Out Interest Rate Suit

By Katryna Perera

Banking groups have asked the Tenth Circuit for a full court rehearing of their challenge to a Colorado law intended to curb high-cost lending in the state, arguing that a recent panel decision upholding the law restricts state-chartered banks' interstate lending and creates a circuit split over the meaning of where loans are "made."

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Regulate AI With Existing Regs, Financial Industry Lobby Says

By Sarah Jarvis

The Financial Services Institute on Wednesday recommended that regulators apply existing rules and standards to artificial intelligence, saying they should use new rules only when AI brings "genuinely new issues or significantly alters existing risks."

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Supreme Court Urged To Deny Alaska's Fishing Regs Petition

By Crystal Owens

The U.S. and tribal associations are asking the Supreme Court to deny the state of Alaska's petition that seeks to reverse a Ninth Circuit order that barred it from opening part of the Kuskokwim River to all fishers, arguing that any intervention in the dispute should come from Congress.

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Feds Fight Bid To Reopen Years-Old Montana Bison Dispute

By Crystal Owens

The federal government is fighting a motion by a neighborhood group to reopen a six-year-old dispute over a Yellowstone National Park bison management operation plan for additional environmental review, telling a Montana court that the decisions and documents challenged in the case are no longer operative.

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Mont. Youths Say State, Gov. Violated High Court Enviro Ruling

By Juan-Carlos Rodriguez

A group of young Montanans is asking the state Supreme Court to decide whether two laws that weaken environmental policies in the state violate their constitutional right to "clean and healthful" surroundings.

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Trump's Face Can't Grace National Parks Pass, Suit Alleges

By Rae Ann Varona

The Center for Biological Diversity filed suit Wednesday in D.C. federal court, seeking to stop President Donald Trump's face from being placed on new annual U.S. resident national park passes in an alleged violation of federal law.

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Nursing Home Owners Defrauded Medicaid For Years, NJ Says

By George Woolston

The owners of two New Jersey nursing homes diverted nearly $100 million in Medicaid funds to themselves while intentionally understaffing the facilities and neglecting the residents, according to a state comptroller report released Wednesday that called for more scrutiny of for-profit residential care facility operators.

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Civil Rights Orgs. Side-Eye Probe Of Affiliate-Network Ties

By Nadia Dreid

The FCC has asked for the public's two cents on "barriers" that local TV stations face in their relationships with national networks, but a coalition of civil rights groups said the inquiry is further evidence of a pattern of "aiding and abetting ... authoritarian conduct."

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Calif. Suit Over $4B High-Speed Rail Funds OK To Proceed

By Rae Ann Varona

A California federal judge on Tuesday denied the Trump administration's bid to toss California's lawsuit challenging the termination of $4 billion in grants for the state's electric rail project, rejecting the administration's contention that California asserted a breach-of-contract claim that only the Court of Federal Claims could hear.

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Md. Appeals Court Upholds $1.1M Home Value

By Sanjay Talwani

A Maryland circuit court did not err in affirming the state tax court's decision upholding the $1.1 million valuation of a Prince George's County home, the Appellate Court of Maryland ruled.

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Magistrate Backs FinCEN Rules In All-Cash Real Estate Deals

By Nate Beck

A magistrate judge in Florida federal court rejected arguments from a title insurance company in upholding a U.S. Department of Treasury rule establishing new reporting requirements for all-cash residential real estate transactions as a means of combating financial crime.

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HPE Fights State AGs' Bid To Block Juniper Integration

By Matthew Perlman

Hewlett Packard Enterprise told a California federal court that even though it has already combined with Juniper Networks, state enforcers are seeking to temporarily break up the companies while the court mulls a U.S. Department of Justice settlement over the $14 billion wireless networking deal.

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FCC Says It Might Ban Calls From 3 Chinese Telecoms

By Nadia Dreid

China's "Big Three" telecom operators will have their calls completely blocked from U.S. networks if they don't update their anti-robocall plans, the Federal Communications Commission has warned.

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Amazon Shoppers In Price-Hike Suit Say Retailer Deleted Docs

By Ben Adlin

Amazon shoppers accusing the e-commerce giant of price-gouging during the COVID-19 pandemic urged a Seattle federal judge to sanction the company for allegedly destroying an "untold number of documents" crucial to their proposed consumer class action.

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Ukrainian Civilians Say Intel, TI Parts Used In Russian Missiles

By Spencer Brewer

Several Ukrainian civilians told a Texas state court that semiconductor components manufactured by Intel Corp., Texas Instruments Inc. and others ended up in Russian missiles, saying Wednesday the companies negligently allowed their products to flow to the Russian military.

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USTR Orders Phase-In For 15% Tariff On Nicaraguan Imports

By Dylan Moroses

The U.S. will phase in a 15% tariff over the next two years on Nicaraguan imports originating outside a regional trade agreement in response to unfair trading practices and labor right violations, according to a notice published Wednesday by the U.S. Trade Representative's Office.

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NJ Bill To Reduce Comptroller Powers Nixed Amid Backlash

By Jake Maher

The New Jersey Senate president has dropped his support for legislation that would have weakened the Office of the State Comptroller's investigative powers in the face of pushback from a range of anti-corruption leaders.

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Australia Issues Guidance On Tax Transparency Exemptions

By Kevin Pinner

Australia will consider granting exemptions to public country-by-country reporting of tax information to companies that can demonstrate their compliance would reveal commercially sensitive information, violate Australian or foreign laws or negatively impact national security, according to final guidance issued by the Australian Taxation Office.

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Estonia Blocks OECD Adopting US' Global Min. Tax Exemption

By Kevin Pinner

Estonia formally opposed the U.S. government's proposed exemption for American companies from the 15% global minimum tax's international provisions during an adoption procedure held by the OECD, the country's Ministry of Finance said Wednesday, blocking the adoption for now.

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Judge Denies Bid To Halt Discovery In Refugee Ban Suit

By Tom Lotshaw

A Washington federal judge has denied the Trump administration's request to halt discovery in a lawsuit challenging its suspension of refugee admissions and resettlement funding ahead of a forthcoming Ninth Circuit ruling on court orders that temporarily blocked its actions.

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Class Certification Sought Over 'Ruinous' DHS Fines

By Ganesh Setty

Two immigrants facing steep civil penalties for failing to leave the U.S. sought class certification in Massachusetts federal court for over 21,500 individuals, arguing that there are common questions on how they've been deprived of due process.

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McIver's Immunity Disputed In Detention Center Assault Case

By Elizabeth Daley

Federal prosecutors asked a New Jersey federal judge to maintain all charges against U.S. Rep. LaMonica McIver, who was accused in an indictment of assaulting federal officers outside an immigration detention center during a scrum in which the mayor of Newark was arrested in May.

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Guilty Budget Official's Legal Bill Battle Sent To Magistrate

By Aaron Keller

A Connecticut federal judge on Wednesday tapped a magistrate judge to dig into an apparent billing dispute between former state budget official Konstantinos Diamantis and his criminal defense attorney, but he refused to delay a looming bribery trial until he decides whether to allow the lawyer to withdraw.

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Tribal Casino Must Face 401(k) Fee Suit Over High Costs

By Joyce Hanson

A tribal hospitality and casino company must face a suit claiming its 401(k) retirement plan was bogged down by exorbitant costs and underperforming investment options, following a New York federal judge's refusal to toss the proposed class action.

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Gov't Urges Combining Verizon, AT&T Cases Over FCC Fines

By Christopher Cole

The Federal Communications Commission has urged the U.S. Supreme Court to pair Verizon's appeal of a $46 million FCC penalty with a similar case involving AT&T that centers on the FCC's ability to issue fines without a jury trial.

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Brief

Keep Power Limits Low To Protect Satellites, DirecTV Says

By Nadia Dreid

The Federal Communications Commission has been toying with the idea of rising power limits for nongeostationary orbit satellites, and while the agency thinks the move could increase the availability of satellite broadband, DirecTV says the decision would be bad news for satellite TV.

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NY Gov. Removes Pot Agency Director Over Enforcement Issues

By Jonathan Capriel

New York Gov. Kathy Hochul has ordered the head of the state Office of Cannabis Management to step down and be replaced, saying the agency "too often" has stifled the state's marijuana market's potential.

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Ohio Lawmakers OK Limits On Pot Legalization, Tax Law

By Sanjay Talwani

Ohio would restrict cannabis use and the sale of intoxicating hemp products with new criminal penalties for certain activities and make other changes to the state's voter-approved marijuana legalization and taxation law under legislation passed by lawmakers and heading to the governor.

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Brief

Starbucks Gov't Affairs Pro Joins Cozen O'Connor Policy Arm

By Andrea Keckley

Cozen O'Connor's government affairs subsidiary announced that it has hired the former regional head of policy and government affairs for Starbucks.

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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation

On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.

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Prepping For 2026 Shifts In Calif. Workplace Safety Rules

California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.

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Series

The Biz Court Digest: Welcome To Miami

After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

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Bonus Spotlight

Pallas Offers Up To $232K In Bonuses To Top US, UK Lawyers

By Tracey Read

Litigation boutique Pallas Partners announced Thursday that it is offering high-performing senior U.S. and U.K. associates and counsel as much as $232,000 in bonuses this year.

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'Totally Unacceptable': Alsup Rips Feds In Student Loan Deal

By Bonnie Eslinger

U.S. District Judge William Alsup on Thursday denied the U.S. Department of Education's request for an 18-month extension to process over 200,000 loan cancellation applications for students claiming they were defrauded by colleges they attended, calling it "totally unacceptable" and setting an April deadline to get the job done.

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White House Pushes Halligan's Confirmation Despite Hurdles

By Courtney Bublé

The White House is forging ahead with its bid to win confirmation of the president's controversial pick for U.S. attorney for the Eastern District of Virginia after a federal judge ruled she was serving illegally on an interim basis.

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Grassley Urges White House To Step It Up On Noms

By Courtney Bublé

Sen. Chuck Grassley, chair of the Senate Judiciary Committee, had a message for the White House Thursday: "Get on the ball" with nominations for U.S. attorneys and the judiciary.

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NJ Sens. Urge Cooperation On Next NJ US Attorney Nom

By Courtney Bublé

The New Jersey senators are looking to collaborate with the White House to find a new nominee for U.S. attorney for the District of New Jersey after the president's initial pick failed.

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DC Firm Faces Proposed Class Action Over Data Breach

By Andrea Keckley

A Washington, D.C., law firm failed to notify clients of a data breach that compromised their personal information for six months, a proposed class action alleged in federal court on Wednesday.

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Trump Orders Review Of Proxy Advisers' 'Substantial Power'

By Rae Ann Varona

President Donald Trump on Thursday issued an executive order that aims to scrutinize the influence that proxy adviser firms like Institutional Shareholder Services Inc. and Glass Lewis & Co. LLC have, including in relation to diversity, equity and inclusion agendas.

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Feds Reportedly Fail To Reindict NY AG Letitia James, Again

By Lauren Berg

New York Attorney General Letitia James' attorney Thursday celebrated reports that another Virginia federal grand jury declined to reindict her on charges of mortgage fraud, the second jury in a week to reject a case President Donald Trump had pushed prosecutors to pursue against a political opponent he's called "guilty as hell."

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Grants Can Be Axed For Political Reasons, DOJ Atty Says

By Jared Foretek

A Trump administration lawyer said Thursday that the president had blanket authority to cancel every discretionary grant slated for states that broke against him in the general election, and it wouldn't amount to a violation of the Fifth Amendment's equal protection guarantee.

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10th Circ. Reveals Judge Contacted Ex-Atty In 'Tiger King' Case

By Ivan Moreno

A Tenth Circuit panel considering a copyright infringement claim against Netflix over a video clip in its popular "Tiger King" docuseries has requested the parties' input on whether a judge on the panel should recuse himself after inadvertently contacting a former attorney of the plaintiff last month on an unrelated legal matter.

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Tracking Challenges To USPTO's Discretion Policy

By Dani Kass

Leaders at the U.S. Patent and Trademark Office have significantly altered the Patent Trial and Appeal Board playing field since March, making changes to institution reviews that have led to unprecedented levels of petition denials. A steady stream of companies has challenged those changes through mandamus petitions to the Federal Circuit, and here Law360 tracks where those petitions stand.

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SEC Must Provide Names To Compliance Chief In Fraud Suit

By Katryna Perera

An Illinois federal judge on Thursday ordered the U.S. Securities and Exchange Commission to comply with a chief compliance officer's request for the names of agency staffers familiar with his whistleblower claims as he defends allegations that he played a role in a purportedly fraudulent stock offering by a "sham" energy company.

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