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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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agency's pivot to lighter-touch regulation, but consumer advocates and even some financial services attorneys say the rescinded policies could still shape litigation and leave companies guessing about the agency's current views.

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Analysis

Tax Credit Repeal Would Deflate US Hydrogen Development

By Keith Goldberg

The Republicans' proposal to eliminate tax credits for producing clean hydrogen in the budget reconciliation bill threatens to kneecap the nascent alternative fuel industry in the U.S. while pushing investments overseas to friendlier markets.

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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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High Court Precedent Blocks FTC Commish Firings, Judge Told

By Matthew Perlman

A pair of recently fired Federal Trade Commission members sparred with the administration in D.C. federal court on Tuesday, with the judge raising questions about which Supreme Court precedent really holds in this dispute.

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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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GAO Tells Congress New Court Design Guide Drives Up Costs

By Madeline Lyskawa

The Government Accountability Office's director of physical infrastructure testified Tuesday that the judiciary is working to address its October report finding that the U.S. Courts' updated design guide will significantly increase the size and cost of future courthouse projects.

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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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FDIC Nixes Biden-Era Merger Rules As House Passes OCC Bill

By Jon Hill

The Federal Deposit Insurance Corp. on Tuesday finalized the repeal of stricter bank merger guidelines adopted last year, pulling them back the same day as the U.S. House moved to nullify the Office of the Comptroller of the Currency's Biden-era merger policy rewrite.

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NJ Justices Take Up Bond Marketing Suit Against Big Banks

By Carla Baranauckas

The New Jersey Supreme Court will review a lower appellate court's ruling in favor of JPMorgan Chase & Co., Citigroup Inc., Wells Fargo and other big banks in a lawsuit accusing them of a scheme to inflate the interest rates of certain bonds, according to an order list the justices released Tuesday.

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Judge Questions Bank's Role In Jail Debit Card Fee Dispute

By Rachel Riley

A federal magistrate judge in Washington state signaled Tuesday she might advance a debit card fee class action against a Missouri bank to trial, suggesting there's still a factual dispute as to whether the prepaid cards were forced on people trying to regain access to their money after being released from correctional facilities. 

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Judge Revives Suit Challenging BLM Lease Sales In Utah

By Tom Lotshaw

A Utah federal judge said she erred when she tossed a lawsuit challenging multiple U.S. Bureau of Land Management oil and gas lease sales in the state, as she failed to recognize that the agency had recently issued drilling permits for some of the transactions.

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GOP Will Push Calif. Waiver Vote, Dems Will Jam EPA Noms

By Juan-Carlos Rodriguez

Senate Republicans vowed Tuesday to forge ahead with Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, while Democrats said they'll throw roadblocks in front of presidential nominees in retaliation.

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Chicago Orgs Fight Feds' Bid To Drop Dredged Waste Suit

By Celeste Bott

Two advocacy groups that challenged a U.S. Army Corps of Engineers decision to expand a disposal facility that stores sediments dredged from Chicago waterways said Monday that the court retains jurisdiction even though the Army Corps has withdrawn that decision and should only dismiss the case on certain conditions.

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FWS' New 'Harm' Proposal Draws Praise, Concern For Species

By Juan-Carlos Rodriguez

Fossil fuel, construction and other industry groups say they support the Trump administration's plan to weaken regulatory protections under the Endangered Species Act, while blue state attorneys general and environmental groups urged the government to back off its proposal.

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Trump Admin Rationale For HHS Firings Challenged By Judge

By Hannah Albarazi

A Rhode Island federal judge expressed skepticism Tuesday about the Trump administration's assertion that mass firings at the U.S. Department of Health and Human Services were lawful and intended to improve national health, saying during a preliminary injunction hearing that nothing in the record demonstrates "thoughtful work" behind these decisions.

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Medical Organizations Sue Feds For Removing Health Data

By Gina Kim

The U.S. Department of Health and Human Services and several constituent agencies are accused of violating the Administrative Procedure Act by illegally purging websites containing critical public health information related to trans and HIV care, vaccines and the prevention of outbreaks of communicable diseases, according to a lawsuit filed Tuesday in Washington federal court.

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Stewart Revives E-Cig Patent Row, Clarifying PTAB Denials

By Theresa Schliep

The acting head of the U.S. Patent and Trademark Office has revived a company's Patent Trial and Appeal Board challenge to an electronic cigarette patent, issuing a precedential decision that provides guidance on discretionary denials when a patent challenger relies on prior art previously furnished to an examiner. 

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Moderna Says Order To Narrow Vax IP Case Should Stay

By Adam Lidgett

Moderna has said that a federal judge should ignore a rival mRNA developer's request to rethink his decision limiting issues in a patent suit over the company's COVID-19 vaccines, saying the rival is trying to make new arguments too late.

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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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TikTok's Bid To Get NY Docs From AG Sunk By New State Law

By Frank G. Runyeon

A New York state judge on Tuesday denied TikTok's bid to force the New York attorney general to turn over agency documents related to claims the app harms children's mental health, relying on an amendment tucked into the state's budget that was signed into law this month.

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Subpoena For Alleged Trans Care Must Stand, Texas Says

By Spencer Brewer

A Texas appeals court on Tuesday pressed the state to explain why the principle of sovereign immunity should stop patients who potentially received gender affirming care from trying to block a subpoena, saying during oral arguments a challenge to a subpoena seems to fall outside sovereign immunity.

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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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6 Colo. Cities Sue Governor Over Housing Executive Order

By Joyce Hanson

Six Colorado cities with "home rule" charters have hit the state and Gov. Jared Polis with a suit challenging his recent executive order saying state grants won't go to local communities if they don't comply with new housing laws that seek denser real estate development.

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4th Circ. Won't Revive Md. Retirees' Drug Benefits Case

By Patrick Hoff

The Fourth Circuit backed Maryland's defeat of a proposed class action alleging it broke promises made to retirees when it transitioned their prescription drug benefits to Medicare Part D, saying Tuesday that a lower court was right to toss the case.

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EEOC Annual Worker Data Bid Opens With Diversity Warning

By Vin Gurrieri

The U.S. Equal Employment Opportunity Commission's annual workplace demographic data collection window opened Tuesday with a warning from the EEOC's acting chair that employers can't act on protected characteristics like race and sex to try to enhance diversity.

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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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Nonprofits Seek To Block 'Sweeping' AmeriCorps Cuts

By Crystal Owens

A number of education, environmental and housing nonprofits have asked a Maryland federal judge to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million to its programs, saying the move violates core constitutional principles regarding separation of powers that have already had severe consequences.

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Ex-Emory Prof Says Palestine Support Led To 'Brazen' Ouster

By Chart Riggall

A former professor at Emory University's medical school has sued the university, alleging that she was ousted in 2023 for her social media posts in support of Palestinians, claiming she was the victim of a smear campaign coordinated between the university and outside groups akin to "modern-day McCarthyism."

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Judge Denies Meta's Mid-Trial Bid To End FTC Monopoly Case

By Bryan Koenig

A D.C. federal judge refused Tuesday to cut short the trial in the Federal Trade Commission's monopolization lawsuit against Meta Platforms Inc., not finding the clear evidentiary failure necessary to nix the government's case over the company's purchases of WhatsApp and Instagram.

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Brief

FTC Case Against Greystar Stayed For Settlement Talks

By Bonnie Eslinger

A Colorado federal judge has stayed a Federal Trade Commission suit alleging developer and property manager Greystar advertised deceptive rental prices after the parties notified the court that they are in "active settlement negotiations" that could resolve the entire case.

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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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5 Ohio Cities Say Hyundai, Kia Negligence Claims Still In Play

By Linda Chiem

Five Ohio cities have told a California federal judge that Hyundai and Kia cannot try to circumvent the Ninth Circuit and scuttle negligence claims in consolidated litigation alleging the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave.

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GOP Lawmakers Defend Stricter Independent Contractor Bill

By Irene Spezzamonte

Republicans on a U.S. House subcommittee Tuesday pushed for passing a recently introduced bill that would tighten standards for classifying workers as independent contractors, while Democrats feared moving in that direction would significantly hurt workers.

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Russia Challenges EU Carbon Border Tax At WTO

By Kevin Pinner

Russia formally initiated a dispute at the World Trade Organization over the European Union's carbon border adjustment mechanism, suggesting that the emissions pricing system violates multilateral trade agreements, according to documents released by the organization.

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Finance Panel's Dems Pan Trump IRS Pick Over Ethical Issues

By Stephen K. Cooper

Senate Finance Committee Democrats deemed former Rep. Billy Long unfit to lead the IRS during his confirmation hearing Wednesday, citing ethical concerns over his promotion of pandemic-era employee retention claims, and of tribal tax credits they called dubious, while working as a business consultant after leaving Congress.

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Trump Gets Fla. Judge To Lob China Tariff Suit To Trade Court

By Rae Ann Varona

A Florida federal judge Tuesday relinquished jurisdiction over five small businesses' lawsuit challenging President Donald Trump's tariffs on Chinese imports, agreeing with Trump that the case fell within the U.S. Court of International Trade's "exclusive jurisdiction."

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Venezuelan Nationals' RICO Suit Asserting Defamation Tossed

By Carolina Bolado

A Florida federal judge has dismissed racketeering and other claims against a director of Venezuela's state-owned oil company and others after determining that the suit accusing them of engaging in a defamatory campaign to smear civic leaders is a shotgun pleading.

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State AGs Say No To Nixing Wireless Site NHPA Reviews

By Nadia Dreid

Eight states are calling on the Federal Communications Commission not to listen to a major wireless trade group's petition encouraging it to cut "burdensome ... red tape," which the states say are actually mandates of the National Historic Preservation Act.

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Brief

Pennsylvania Biz Owner Cops To COVID Fraud Schemes

By P.J. D'Annunzio

A Pennsylvania business owner on Tuesday admitted to running fraud schemes targeting government business pandemic relief programs that could have netted him a maximum of $3.25 million, according to the U.S. attorney's office in Philadelphia.

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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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'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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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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Tribe Blames DOI For $1.5M In Legal Fees In Recognition Row

By Crystal Owens

A Michigan tribe that is asking for $1.5 million in fees from the Interior Department over its challenge to a federal recognition status denial says the agency caused the case to drag on for five years due to its failure to remand its rule governing the process.

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FCC Warned To Not Overreach In Undersea Cable Rules

By Christopher Cole

Network providers cautioned the Federal Communications Commission to stick to its legal authority when crafting new rules to beef up the security of undersea telecom cables, saying the FCC can't regulate beyond cable owners and operators under existing law.

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Senate Dems Protest Broadband Deployment Delays

By Christopher Cole

A dozen Senate Democrats urged President Donald Trump to curtail the U.S. Department of Commerce's potential overhaul of a $42.5 billion broadband deployment program created during the Biden administration.

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Brief

Trump Calls For FCC Spectrum Auctions In Budget Bill

By Christopher Cole

President Donald Trump on Tuesday jumped into the ongoing debate about federal auctions of the airwaves by calling for inclusion of spectrum sales in the budget reconciliation bill pending in Congress.

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Connecticut House Passes Psilocybin Decriminalization Bill

By Sam Reisman

Connecticut's House of Representatives on Monday narrowly approved a bill to decriminalize possession of small amounts of psilocybin, the active ingredient in psychoactive mushrooms, sending the bill to the state Senate. 

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Philly DA Holds Off Primary Challenger In 3rd Term Bid

By P.J. D'Annunzio

Philadelphia District Attorney Larry Krasner fought off a challenge from fellow Democrat and former judge Patrick Dugan on Tuesday night, clearing the way for the incumbent's third term as the city's top prosecutor.

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A Breakdown Of Trump's Order On Drug Pricing

The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.

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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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How NY's FAIR Act Mirrors CFPB State Recommendations

New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.

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Big Tech M&A Risk Under Trump May Resemble Biden Era

Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.

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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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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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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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