Analysis

DOJ & Google Going To Trial, Again, On Ad Tech Remedies

By Bryan Koenig

The Justice Department goes to trial next week to try breaking up Google's advertising placement technology business after a Virginia federal court declared the company an illegal monopolist in ad tech.

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Retired Judges Speak Out On 'Threats' To Constitution

By Courtney Bublé

More than 40 retired federal judges appointed by presidents of both parties released an open letter Wednesday, the anniversary of the signing of the Constitution, saying they sought to underscore the importance of the rule of law at a time when the nation's ideals "are under historic strain."

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Ex-CDC Head Says RFK Jr. Urged Vax Schedule Rubber Stamp

By Dan McKay

Susan Monarez, the former head of the Centers for Disease Control and Prevention, told federal lawmakers on Wednesday she was abruptly fired just weeks into her tenure for "holding the line on scientific integrity."

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7th Circ. Pick Shrugs Off Conservative Group's Opposition

By Courtney Bublé

During her confirmation hearing on Wednesday, Rebecca Taibleson, a federal prosecutor in Wisconsin tapped for the Seventh Circuit, fended off opposition to her nomination from conservative groups, antipathy that the top Democrat on the Senate Judiciary Committee called a "new low" for the committee.

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House Votes To End DC Judicial Nominations Commission

By Courtney Bublé

The U.S. House of Representatives voted 218-211 along party lines on Wednesday to eliminate the commission that vets and picks potential judicial nominees for Washington, D.C.'s local courts.

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Del. Judge's US Atty Application Plan Draws Blanche's Ire

By Lauren Berg

Delaware's chief district judge, a Trump appointee, is seeking applications for the state's U.S. attorney position to prepare for an upcoming vacancy in the interim position, a move that drew the ire of Deputy U.S. Attorney General Todd Blanche on Wednesday.

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Probationer's Speech Not A 'True Threat,' NC Panel Finds

By Abigail Harrison

Statements a probationer made to a friend while stressed out and fearful over going to jail did not constitute a "true threat," so a trial court erred when it found him in violation of his probation, a North Carolina state appeals court panel ruled Wednesday.

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Trump Admin Can't Get Suit Challenging Voting Order Tossed

By Chris Villani

A Massachusetts federal judge declined Wednesday to dismiss a lawsuit challenging the Trump Administration's executive order requiring physical proof of citizenship to vote and invalidating ballots received after Election Day.

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SEC Policy Shift Could Foreclose Some Investor Class Actions

By Jessica Corso

The U.S. Securities and Exchange Commission issued a policy statement Wednesday that allows the use of mandatory arbitration by new publicly traded companies as its chief seeks to "make IPOs great again," but Democrats warned the move could shut the door to shareholder class actions.

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8th Circ. Backs Dismissal Of FDIC Fee Guidance Challenge

By Jon Hill

The Eighth Circuit on Wednesday rejected a banking industry challenge to Biden-era Federal Deposit Insurance Corp. guidance that cautioned banks about charging recurring fees on declined transactions, ruling the matter not ripe for court review.

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Trump Could Swing Fed With This 1 Weird Trick: Ex-Fed Gov.

By Jon Hill

A former top Federal Reserve official told Democratic lawmakers on Wednesday that if President Donald Trump succeeds in quickly ousting Fed Gov. Lisa Cook, it could unlock an obscure mechanism for his allies at the Fed to sway future interest-rate decisions.

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Crypto Exchange Bullish Gets BitLicense From NY Regulator

By Aislinn Keely

Venture-backed crypto exchange Bullish announced Wednesday that it has obtained a so-called BitLicense from the New York State Department of Financial Services, allowing it to offer crypto spot trading and custody to institutions and sophisticated investors in the state.

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Brief

NY Regulator Pushes Blockchain Analytics For Compliance

By Aislinn Keely

New York's Department of Financial Services on Wednesday emphasized that it expects banks under its purview to incorporate blockchain analytics tools as part of their compliance programs if they're engaging in crypto activities.

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Judge Rejects Trump Admin's Bid To Shield Climate Group

By Tom Lotshaw

A Massachusetts federal judge on Wednesday rejected the Trump administration's assertion that its climate change working group is exempt from a statute governing the transparency of advisory committees, but also denied environmentalists' push to get their hands on the group's records.

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Feds Must Review Wash. Logging Project Over Map Concerns

By Juan-Carlos Rodriguez

A Washington federal judge on Tuesday ordered the U.S. Forest Service to reconsider its approval of a timber harvesting and forest restoration project, finding the agency failed to provide adequate maps of the area to the public.

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EXIM Bank Wants Suit Over $20B Mozambique LNG Project Axed

By Juan-Carlos Rodriguez

The Export-Import Bank of the United States is asking a D.C. federal judge to toss green groups' effort to block $4.7 billion in financing for a liquefied natural gas project in Mozambique led by TotalEnergies SE.

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Judge Won't Let Denver Slip Suit Over Bans On Gas Appliances

By Isaac Monterose

A Colorado federal judge partially granted environmentalist group Sierra Club's bid to dismiss a suit filed by a coalition of industry trade groups suing Denver over the city's restrictions on certain natural gas appliances.

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9th Circ. Denies Appeal Of Wash. Anti-Vaxxers' Med Board Suit

By Ben Adlin

The Ninth Circuit on Wednesday rejected an appeal brought by Robert F. Kennedy Jr. on behalf of anti-vaxxers challenging a Washington state medical board's disciplinary proceedings against doctors who allegedly spread false information about COVID-19.

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3rd Circ. Weighs Limits On NJ Medical Aid In Dying Act

By Carla Baranauckas

The Third Circuit on Wednesday considered whether a Delaware woman with terminal cancer can challenge New Jersey's residency requirement for medical aid in dying, even though she has yet to be certified as having six months or less to live.

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PTAB Told Variations From Prior Rulings Require Explanation

By Ryan Davis

The U.S. Patent and Trademark Office has told Patent Trial and Appeal Board judges that they must now explain any decisions that have a different outcome from an earlier ruling on the same patent or similar patent claims, either by the patent office or in litigation.

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Nonprofit Loses TM Injunction Bid Against 'Making PA Better'

By Elliot Weld

A Pennsylvania federal judge has declined to bar the Pennsylvania Manufacturers' Association from using the phrase "Making PA Better" on its website in a trademark infringement case brought by a nonprofit, saying neither of the parties are engaged in commercial activity.

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Media Matters Again Denied Transfer Of X's Nazi Posts Suit

By Bryan Koenig

Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.

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AM Radio Bill Makes It Through House Committee, Again

By Nadia Dreid

More than two-thirds of the House of Representatives have signed on to co-sponsor a bill that would prevent automakers from removing AM radios from their vehicles, so it came as no surprise when the bill sailed through markup Wednesday afternoon.

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Insurer Says Parkland Mass Shooting Was Multiple Occurrences

By Carolina Bolado

Evanston Insurance Co. told the Eleventh Circuit on Wednesday that a lower court erred when it said the term "occurrences" in an excess policy for the Broward Sheriff's Office was ambiguous and granted a win to the insured, which argued the 2018 mass shooting at a Parkland, Florida, school was one occurrence, not several.

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9th Circ. Judge Hints At Upholding Seattle Housing Ordinance

By Rachel Riley

A Ninth Circuit judge suggested on Wednesday that a waiver provision written into a Seattle affordable housing policy is enough to "save" the ordinance from a homeowner's constitutional claim that it kept her from realizing her property's full value by adding townhomes.  

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Venezuelan Bondholder Asks 11th Circ. To Revive Suit

By Carolina Bolado

The holder of a $43.2 million judgment against Venezuela over defaulted bonds asked the Eleventh Circuit on Wednesday to revive its suit seeking to gain control of various Miami properties controlled by a wealthy businessman accused of bribing Venezuelan officials.

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9th Circ. Seems Split On School Principal's Free Speech Suit

By Rachel Riley

A Ninth Circuit panel appeared split on Wednesday over a Washington state public school employee's claims that he was unfairly punished for a political rant on Facebook, with one judge pushing back on his stance that he was speaking privately while also balking at the district's position that the post was disruptive.

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Boston Mayor Accused Of Firing Staffer To Shield Ally

By Julie Manganis

The former chief of staff for Boston's police accountability office alleged in a lawsuit launched in state court Wednesday that Mayor Michelle Wu wrongfully fired her last spring to protect a key political ally from accusations of sexual harassment.

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Ga. City, Ex-Court Admin Seek Quick Wins In Retaliation Case

By Emily Sawicki

A Georgia city and its former municipal court administrator have each asked a federal judge for wins in a whistleblower suit the administrator brought alleging she had been unlawfully fired in retaliation for reporting a city council member's attempt to pressure the court for a favor.

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Brief

4th Circ. Won't Revisit $9M Nurse Misclassification Ruling

By Irene Spezzamonte

The Fourth Circuit will not reconsider a panel decision keeping in place a $9 million judgment against a medical staffing company the U.S. Department of Labor accused of misclassifying more than 1,000 nurses as independent contractors, the appeals court said.

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FTC Sends White House List Of Regulations For Deletion

By Matthew Perlman

The Federal Trade Commission provided the White House with a report on Wednesday recommending that more than 125 regulations from agencies across the federal government be modified or deleted because they create barriers to competition.

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3rd Circ. Urged To Revive NJ Casino Antitrust Pricing Suit

By Carla Baranauckas

Algorithmic collusion by Atlantic City casino hotels, as alleged by their customers, poses a grave threat to consumers as the hotels use software to get around a century's worth of antitrust precedent, an attorney for the American Antitrust Institute told the Third Circuit on Wednesday, urging the court to revive an antitrust suit.

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FCC Told To Take Care When Adding AI To Public Alerts

By Nadia Dreid

As the Federal Communications Commission mulls how to best overhaul its emergency alert rules, one California county is warning the agency to tread carefully when it comes to adopting emerging technologies like artificial intelligence.

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Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case

By Linda Chiem

Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.

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NCDOT Dodges Liability In Fatal Snowstorm Accident

By Abigail Harrison

The North Carolina Department of Transportation was freed Wednesday from having to contribute to wrongful death settlements of over $1.6 million after a North Carolina Court of Appeals panel found the department to be immune under the Emergency Management Act.

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FDA Says Vape Manufacturer Lying About Marketing Approval

By Emily Field

The U.S. Food and Drug Administration on Tuesday sued manufacturers of flavored vapes in New Jersey federal court to seek an end to their sales, saying that they are falsely representing that their products had received marketing approval.

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Brief

USTR Seeks Feedback On USMCA In Advance Of Joint Review

By Dylan Moroses

The Office of the U.S. Trade Representative is seeking comments on the effectiveness of the U.S.-Mexico-Canada Agreement in advance of next year's joint review of the regional trade agreement, it has announced.

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Lawmakers Ask Trump To Push UK To Ax Digital Services Tax

By Kevin Pinner

Twenty-two Republican House lawmakers asked President Donald Trump to secure a commitment from the U.K. to remove its digital services tax while he's visiting the country and to reopen a trade investigation into the tax if the British government doesn't oblige.

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Democrats Push Wealth Tax Targeting Billionaires' Assets

By Stephen K. Cooper

Billionaires would pay higher taxes on their unrealized gains from property, stocks and other valuable assets under legislation reintroduced Wednesday by Senate Finance Committee ranking member Ron Wyden and other congressional Democrats.

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Colo. Judge Certifies U Visa App In GEO Forced Labor Suit

By Britain Eakin

A Colorado federal judge certified a U visa application for the class representative in a 2014 suit involving forced labor claims against private prison company GEO Group, after he told the court that immigration officials said he could be detained during a check-in this week.

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IRS-ICE Pact Allows For Mass Tax Data Swaps, DC Circ. Told

By Kat Lucero

An information sharing agreement between the IRS and immigration enforcement agencies allows for disclosure of confidential tax information on a mass scale, as evidenced by an IRS official's declaration in a taxpayer group's suit, immigration advocacy groups challenging the agreement told the D.C. Circuit on Wednesday.

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Brief

Texas Judge Slashes Suit Over Anti-Sanctuary Law

By Britain Eakin

A Texas federal judge gutted a suit by local governments and officials challenging a Texas law prohibiting local officials from limiting cooperation with federal immigration enforcement, tossing claims against the state and Gov. Greg Abbott and leaving Attorney General Ken Paxton as the sole state defendant.

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Criminal Restitution Fails Defendants, Victims, Report Says

By Brandon Lowrey

Federal criminal restitution often fails to benefit victims of crime and throws defendants into a "Sisyphean struggle" with debt, with $100 billion in outstanding restitution deemed uncollectable, according to a report released this week by the National Association of Criminal Defense Lawyers.

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Ute Tribe Land Dispute Back In Court After 8-Year Stay

By Crystal Owens

A Utah federal judge on Wednesday lifted an eight-year stay in a decade-long feud over criminal prosecutions within the Ute Tribe's reservation boundaries, allowing the parties to litigate a sole issue in the case over the status of split estate surface lands.

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Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court

By Dylan Moroses

Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.

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Calif. Residents Look To Block Tribe's Recognition, Casino

By Crystal Owens

A group of residents and a nonprofit are seeking an expedited order that would block a decision by the Interior Department to give federal recognition to California's Ione Band of Miwok Indians, arguing the federal government is delaying the case to make sure construction of the tribe's casino is completed.

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Charter Can't Dodge Cable Royalties In Texas, 5th Circ. Rules

By Christopher Cole

Charter Communications cannot avoid paying a 3% royalty for the use of cable permits in three Texas cities' rights of way, regardless of a change in state permitting law, the Fifth Circuit ruled Wednesday.

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Satellites Belong In FCC's Enviro Reviews, Agency Told

By Christopher Cole

The Federal Communications Commission can't justify excluding potentially luminous satellites from environmental reviews keyed to industries under its jurisdiction, a group fighting light pollution said.

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Texas Justices Don't Touch Block Of Local Pot Amnesty Law

By Jonathan Capriel

The Texas Supreme Court will not review an appellate panel's decision blocking the city of San Marcos from going forward with a voter-approved ordinance that limited local police from enforcing laws on low-level marijuana offenses.

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Pot Entrepreneur Pushes 4th Circ. To Rehear Licensing Fight

By Sam Reisman

A California cannabis entrepreneur has asked the Fourth Circuit to rehear her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program, arguing that the appellate judges' ruling turned on multiple errors of law and fact.

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Md. Hemp Cos. Plan To Challenge Cannabis Law At 4th Circ.

By Sam Reisman

A group of hemp companies challenging Maryland's cannabis policies told a federal judge Tuesday that they plan to appeal a pair of recent adverse rulings, citing in part a new federal appellate ruling that pot sellers are entitled to constitutional protections.

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Womble Bond Hires Longtime Clifford Chance Leader In DC

By Jack Rodgers

Womble Bond Dickinson LLP has hired a career Clifford Chance LLP lawyer in Washington who served in a number of leadership roles with the firm in his more than 35 years there, including most recently as the global co-head of its risk team and leader of its U.S. regulatory investigations and financial crime group.

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Don Jr.-Backed Patent Co. Hires Nokia Licensing Exec

By Dani Kass

SIM IP, the newest venture by high-profile patent monetizer Erich Spangenberg, has brought on Nokia's chief licensing officer to serve as managing director.

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Genius Act Poses Strategic Hurdles For Community Banks

​​​​​​​The pace of change in digital asset policy, including the recent arrival of the Genius Act, suggests that strategic planning should be a near-term priority for community banks, with careful attention to customer relationships, regulatory developments and the local communities they serve, say attorneys at Jones Walker.

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A Reminder Of The Limits Of The SEC's Crypto Thaw

As the U.S. Securities and Exchange Commission's regulatory thaw has opened up new possibilities for tokenization projects, the Ninth Circuit's recent decision in SEC v. Barry that certain fractional interests are investment contracts, and thus securities, illustrates that guardrails remain via the Howey test, say attorneys at Skadden.

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Steps To Take As States Expand Foreign-Influence Bans

As efforts to curb foreign-influenced corporate political spending continue, companies should be aware of the nuances of related laws and layer an additional analysis when assessing legality of foreign engagement, say attorneys at Steptoe.

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How Fashion, Tech Can Maximize New Small Biz Tax Breaks

Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.

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Series

Adapting To Private Practice: From Va. AUSA To Mid-Law

Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

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DC Judge Included In Senate's Bloc Confirmation

By Courtney Bublé

A judge for the Superior Court of Washington, D.C., was confirmed on Thursday as part of the en bloc confirmation of 48 nominees to various positions following Republicans voting in favor of changing the rules.

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Alston & Bird Adds Ex-K&L Gates IP Litigator In Chicago

By Kevin Penton

Alston & Bird LLP has hired an intellectual property litigator previously with K&L Gates LLP as a partner in its Chicago office, the firm announced Thursday.

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Trump Asks High Court To Let Him Remove Fed's Cook

By Jon Hill

President Donald Trump asked the U.S. Supreme Court on Thursday to allow him to move forward with firing Federal Reserve Gov. Lisa Cook, escalating a fight over presidential removal power that will test the boundaries of the central bank's traditional independence.

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DOJ Seeks Rehearing On Copyright Chief's Reinstatement

By Elliot Weld

The federal government has asked the D.C. Circuit to rethink its decision to temporarily reinstate the head of the U.S. Copyright Office who was fired by President Donald Trump, saying the president has the authority to remove the copyright chief because the position is part of the executive branch.

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Uber Says Philly Law Firm, Doctors Fabricated Injuries

By James Boyle

Ride-sharing company Uber has accused personal injury firm Simon & Simon PC and a network of healthcare providers of fabricating medical records to inflate accident complaints, according to a RICO suit filed in Philadelphia federal court.

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Nelson Mullins Adds Jones Day Corporate Pro In Atlanta

By Emily Johnson

Nelson Mullins Riley & Scarborough LLP has brought a Jones Day partner into its Atlanta office, bolstering its corporate practice with an attorney with experience in C-suite roles and as general counsel for companies, the firm said Thursday.

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Dems Demand Even More Funds For Courts, Judicial Security

By Courtney Bublé

An alternative continuing resolution unveiled by the Democrats in the House and Senate on Wednesday evening includes more funding for judicial security and the courts than the Republicans' version, but it's unlikely it will be adopted as is.

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Ex-Trump Atty Says Fla. Discipline Case Is Over 'Void' Charges

By Chart Riggall

Former Trump campaign attorney Kenneth Chesebro told the Supreme Court of Florida this week to reject a push to discipline him over his conviction in Georgia's election interference racketeering case, arguing his name was cleared by a court order invalidating the charge to which he pled guilty.

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