Analysis

Healthcare Sector Faces Strain Of H-1B Shakeups

By Britain Eakin

The new $100,000 fee for H-1B visas and a proposed overhaul of the visa lottery could have severe repercussions on healthcare access for many Americans, with experts saying the changes could worsen existing shortages of medical workers by restricting the foreign labor pool.

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Roundup

Up Next At High Court: Tariffs, Fugitives & Contractor Liability

By Katie Buehler

The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.

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Analysis

In The World Of Deepfake Porn, Tech Moves Faster Than Law

By Corey Rothauser

When a 14-year-old New Jersey student discovered her classmates had used an app to generate nude deepfakes of her and other girls, she and her mother confronted her high school and found no relevant law and little recourse for victims. What followed helped spark state legislation that pairs criminal penalties with civil remedies, part of a national reckoning over AI's misuse.

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9th Circ. Nixes Exemption To Bioengineered Food Label Rule

By Craig Clough

The Ninth Circuit delivered a mixed ruling Friday in some food advocacy groups' challenge to federal food labeling regulations, affirming that the U.S. Department of Agriculture can use the term "bioengineered" over "GMO" or "genetically modified" but reversing an order exempting highly refined foods from receiving the bioengineered label.

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Trump Admin Must Keep SNAP Running, Federal Judges Say

By Lauren Berg

A Rhode Island federal judge Friday ordered the Trump administration to use contingency funds to sustain Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown, while a Boston federal judge gave the government until Monday to choose one of two paths to keep the program running to some degree.

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Mich. Judge DQs Lawyer Over Firm's Suspended Founder

By Danielle Ferguson

An attorney working for a recently suspended lawyer cannot appear in a Michigan federal case because his boss's discipline bars any of his associates from practicing in the Wolverine state, a judge ruled Friday.

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Bank Group Cautions OCC On Fintech Trust Charter Bids

By Jon Hill

Another major banking trade group is pushing back on efforts by a string of digital asset and payment firms to obtain federal banking charters from the Office of the Comptroller of the Currency, warning that granting the charters would invite legal and systemic risks.

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Binance Founder Demands Warren Retract 'Defamatory' Claim

By Aislinn Keely

The recently pardoned founder of crypto exchange Binance is demanding Sen. Elizabeth Warren, D-Mass., retract alleged misstatements criticizing the president's decision to grant clemency following reported business ties between Binance and the Trump family.

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Brief

SEC Extends Fee Cap Compliance Dates After DC Circ. Ruling

By Katryna Perera

The U.S. Securities and Exchange Commission on Friday extended the compliance deadlines for new rules that will cap the fees that exchanges can charge investors and allow exchanges to quote stock prices in half-penny increments after the D.C. Circuit rejected calls to overturn the rules.

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FERC Faces DC Circ. Fight Over Pipeline Project Revival

By Keith Goldberg

Environmental and homeowner groups have asked the D.C. Circuit to drop the Federal Energy Regulatory Commission's reauthorization of a previously abandoned pipeline upgrade project in the Northeast, saying the agency can't simply restore an approval it issued six years ago.

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Steelworkers Back Offshore Wind Project Targeted By Trump

By Jared Foretek

The United Steelworkers union is backing U.S. Wind's injunction motion to halt the federal government's reversal of approval of its wind farm off the coast of Maryland, telling a federal judge that the about-face jeopardizes over 500 permanent jobs and $1 billion in labor income over the next 20 years.

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Hawaii Judge Declares FDA's Mifepristone Regs Unlawful

By Gianna Ferrarin

The U.S. Food and Drug Administration failed to sufficiently justify restrictions on the abortion drug mifepristone, a Hawaii federal judge ruled in an order declaring the restrictions unlawful under the Administrative Procedure Act.

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Amgen Again Challenges Colo. Price Cap For Arthritis Drug

By Hailey Konnath

Amgen has once again sued Colorado over its price cap for the arthritis drug Enbrel, claiming that the Centennial State's drug price-control statute violates the U.S. Constitution, conflicts with federal patent law and threatens patients' access to lifesaving medications.

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NJ Lawmaker Introduces Bill To Ban Kratom Extract

By Jonathan Capriel

A New Jersey state senator is looking to ban a kratom-derived compound, 7-hydroxymitragynine or 7-OH, which the U.S. Food and Drug Administration says should be highly restricted and is at the center of several proposed consumer class actions.

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Squires Vows To Open USPTO Doors To AI Technologies

By Ivan Moreno

New U.S. Patent and Trademark Office Director John Squires said Friday his agency will embrace artificial intelligence technologies during his tenure, telling attorneys at the American Intellectual Property Law Association's annual gathering in Washington, D.C., that AI is "the most transcendent and transformative technology of our time — perhaps of any time."

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Industry Groups Seek More Time To Comment On PTAB Rules

By Elliot Weld

A coalition of organizations representing the technology, automotive and pharmaceutical sectors has urged U.S. Patent and Trademark Office Director John Squires to allow 30 additional days of public comments regarding new proposed rules that would curtail the number of Patent Trial and Appeal Board reviews.

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Sandisk Urges Fed. Circ. To Take On 'Settled Expectations'

By Ryan Davis

Sandisk Technologies Inc. has again told the Federal Circuit that the U.S. Patent and Trademark Office's denial of patent reviews based on the owner's "settled expectations" violates the law, asserting it's "now or never" for court action, since most decisions will no longer be explained.

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5th Circ. Rejects NLRB's New Remedies In Restaurant Case

By Braden Campbell

The Fifth Circuit in a published opinion Friday rejected the National Labor Relations Board's new remedial framework, saying the agency overstepped by ordering a restaurant owner to compensate workers for the foreseeable losses they suffered after their illegal firings.

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Roundup

3 Argument Sessions Benefits Attys Should Watch In Nov.

By Kellie Mejdrich

The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.

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IBEW Locals Fight Ouster Of Unions At Energy, Interior Depts.

By Emily Brill

President Donald Trump wasn't allowed to revoke the union status of electricians, linemen and plant operators at the Departments of Energy and the Interior, a group of union locals told a D.C. federal court, saying federal labor law enshrines their right to remain union-represented.

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Black Law Prof Wants High Court To Review Bias Suit Ruling

By Carolyn Muyskens

A Black University of Michigan Law School professor has asked the U.S. Supreme Court to revive a lawsuit claiming she was disciplined because she had complained about racial discrimination, arguing that a federal appeals panel was too credulous of a dean's version of events.

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Monthly Merger Review Snapshot

By Bryan Koenig

The Justice Department battled with state attorneys general trying to peek behind its controversial settlement clearing Hewlett Packard Enterprise's Juniper purchase, United Kingdom officials deepened their probe into Getty's proposed acquisition of Shutterstock and Pfizer cried foul when Novo Nordisk tried to swoop in over its Metsera purchase.

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Drugmakers Can't End States' Dermatology Price-Fixing Suits

By Hailey Konnath

A Connecticut federal judge on Friday refused to throw out the vast majority of claims in a nationwide antitrust enforcement action accusing a long list of pharmaceutical companies of fixing the prices of generic dermatology drugs, rejecting the companies' argument that the claims were filed too late.

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PVC Pipe Makers Say Price 'Conspiracy' Is 'Basic Economics'

By Jack McLoone

Polyvinyl chloride pipe manufacturers facing antitrust claims over 2020 price increases have told an Illinois federal judge the purchaser plaintiffs have failed to plausibly show there was a per se price-fixing conspiracy, so their suit should be dismissed.

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Banking, Business Groups Call For Federal AI Regulations

By Sarah Jarvis

Business and banking industry groups are calling for federal legislation to preempt what they say is a patchwork of state and local regulations on artificial intelligence, throwing their support behind the Trump administration's policy blueprint for "winning the AI race."

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CFPB Union Sounds Alarm As Funding 'Approaches Zero'

By Jon Hill

The Consumer Financial Protection Bureau's employee union warned that the agency is on the verge of running out of money and called for its acting Director Russell Vought to immediately request additional funds from the Federal Reserve.

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Ed Dept. Pushing Millions Of Borrowers Into Default, Suit Says

By Kelcey Caulder

The secretary of the U.S. Department of Education and three major credit bureaus were hit with a proposed class action in Georgia federal court for allegedly forcing millions of student loan borrowers into delinquency and default due to operational failures in loan servicing after the COVID-19 deferment period ended earlier this year.

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Seattle Wins Injunction Against Trump's Anti-DEI Grant Terms

By Rachel Riley

A Washington federal judge shielded Seattle on Friday from a pair of Trump administration executive orders requiring federal grant recipients to cease diversity programming and refrain from using any of the money to "promote gender ideology," saying the city's legal challenge will likely succeed.

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Ill. Judge Won't Stay Nationwide DEI Injunction For Appeal

By Celeste Bott

An Illinois federal judge has refused to pause his order blocking a requirement for federal grant recipients to certify that they don't operate programs that violate President Donald Trump's executive orders targeting diversity, equity and inclusion initiatives, saying his ruling was in line with a recent Supreme Court decision advising courts to limit nationwide injunctions.

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Gov't Owes $330K In Fees For NSF Funding Fight, Court Told

By Zak Kostro

A higher education association seeks more than $330,000 in attorney fees and costs from the government after winning a ruling blocking the Trump administration from cutting certain National Science Foundation funding, according to a memorandum filed in Massachusetts federal court.

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Reps Pan Plans To Pull Troops, Test Nuclear Weapons

By Tom Lotshaw

Republican and Democratic lawmakers in Congress urged the Trump administration to rethink decisions to pull some troops from Europe and restart nuclear weapons tests, with some calling them dangerous and uncoordinated moves.

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Judges See An Immigration Court Gutted From Inside

By Marco Poggio

Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.

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7th Circ. Says Ill. Judge Can't Be 'Supervisor' Of CBP Official

By Celeste Bott

The Seventh Circuit held Friday that an Illinois federal judge overstepped in requiring a top Border Patrol official leading the Trump administration's immigration enforcement surge in Chicago to appear before her every weekday ahead of a Nov. 5 preliminary injunction hearing, saying she put herself in the position of "an inquisitor rather than that of a neutral adjudicator."

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Judge Questions ICE's Warrantless Arrests In ACLU Case

By Zach Dupont

After more than 12 hours of testimony, a federal judge appeared unconvinced by the government's position that U.S. Immigration and Customs Enforcement had done nothing wrong to warrant preliminary injunctive relief in a proposed class action alleging the agency is conducting warrantless arrests without determining probable cause.

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Return Detainees For Suit Over ICE Facility, Judge Says

By Lauraann Wood

Immigration detainees who were transported to Kansas the morning after they launched a proposed class action over allegedly inhumane conditions at the government's Broadview, Illinois, holding facility should be promptly returned to the Northern District of Illinois, a Chicago federal judge said Friday.

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Both Sides Claim Victory In Calif. Tribal Gaming Rights Fight

By Crystal Owens

A federal judge says the U.S. Department of the Interior's decision to temporarily nix gaming eligibility for a proposed $700 million casino project violated a California tribe's due process rights, but both sides are claiming victory as claims of violations of the Administrative Procedure Act and Fifth Amendment against the federal agency were also dismissed.

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Minn. Makes More Tribal Deals To Build 'Unique' Pot Market

By Jonathan Capriel

Minnesota has signed its fifth compact with a federally recognized tribe, allowing each one to issue licenses for eight cannabis retailers outside their respective reservations, as well as licenses to grow and manufacture the plant, with the Fond du Lac Band of Lake Superior Chippewa and the Leech Lake Band of Ojibwe the latest to reach deals.

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FCC Plans To Drop More Regs Covering 'Obsolete' Techs

By Nadia Dreid

When the Federal Communications Commission convenes for its monthly meeting in November, it will vote on a measure that would nix nearly two dozen more rules that the agency has deemed obsolete in one fell swoop.

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Federal Action Sought To Boost Low Earth Orbit Satellites

By Christopher Cole

Federal officials need to update rules governing low Earth orbit satellites to allow the space-based communications industry to keep expanding at a time of rising congestion, according to a pair of think tanks.

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Community 'Anchors' Set Sights On More Connectivity Funds

By Christopher Cole

Advocates for school, library and healthcare connectivity said Friday they're optimistic about their public policy goals and, despite a few recent setbacks, are focused on making sure broadband funding continues to go toward community "anchors."

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Brief

1st Circ. Refuses To Transfer FCC Prison Phone Rate Case

By Christopher Cole

The First Circuit declined Friday to move multidistrict litigation over prison phone rate caps to the Fifth Circuit, rejecting an argument from phone service providers.

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Hemp Cos. Want Suit Against Okla. City, Cops Kept Alive

By Sam Reisman

A pair of hemp companies have urged an Oklahoma federal judge not to dismiss claims against a city, its police department and police chief in connection with the seizure of a shipment the companies say was federally legal hemp.

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Pot Initiative Sponsor Says Fla. Is Ignoring Bid For Ballot

By Carolina Bolado

The sponsor of a proposed ballot initiative to legalize cannabis in Florida sued the Florida secretary of state on Thursday to force him to submit the petition — which has surpassed the requirements for legal review — to the attorney general to proceed to the next step to getting it on the ballot.

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What CFTC Push For Tokenized Collateral Means For Crypto

The Commodity Futures Trading Commission's recent request for comment on the use of tokenized products as collateral in derivatives markets signals that it is expanding the scope and form of eligible collateral, and could broaden the potential use cases for crypto-assets held in tokenized form, say attorneys at Dechert.

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CFIUS Trends May Shift Under 'America First' Policy

The arrival of the Committee on Foreign Investment in the United States' latest annual report suggests that the Trump administration's "America First" policy will have a measurable effect on foreign investment, including improved trendlines for investments from allied sources and increasingly negative trendlines for those from foreign adversary sources, say attorneys at Debevoise.

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What's Changing For Cos. In New Calif. Hazardous Waste Plan

While the latest hazardous waste management plan from California's Department of Toxic Substances Control still awaits final approval, companies can begin aligning internal systems now with the plan's new requirements for environmental justice, waste and disposal reduction, waste criteria, and capacity planning, says Thierry Montoya at Frost Brown.

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How Gov't May Use FARA To Target 'Domestic Terrorism'

After the Trump administration’s recent memo directing law enforcement to use the Foreign Agents Registration Act to prosecute domestic terrorism, nonprofit organizations receiving funding from foreign sources must assess their registration obligations under the statute, say attorneys at Pillsbury.

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TikTok Divestiture Deal Revolves Around IP Considerations

The divestiture deal between the U.S. and China to resolve a security dispute over TikTok's U.S. operations is seen as a diplomatic breakthrough, but its success hinges on the treatment of intellectual property and may set a precedent in the global contest over digital sovereignty and IP control, say attorneys at Brownstein Hyatt.

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What's New In FDA's Latest Cell And Gene Therapy Guidance

New draft guidance from the U.S. Food and Drug Administration, along with other recent initiatives, come together to promote cell and gene therapy product development by streamlining development and review pathways, say attorneys at Holland & Knight.

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Alaska Joins Utah In Firing Motley Rice From Opioid Case

By Lauren Berg

Alaska joined Utah this month in terminating its contract with Motley Rice LLC, which the state hired nearly a decade ago to pursue litigation over the opioid crisis, saying the law firm didn't disclose it was simultaneously representing other clients in separate opioid litigation.

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Texas Atty Sanctioned For Not Disclosing AI Use

By Lynn LaRowe

A Texas federal judge has sanctioned a Dallas-area attorney for failing to disclose that he used artificial intelligence to prepare a summary judgment response that included inaccurate information in a wrongful termination case.

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Ill. Judge Prefers 'Clean' Dismissal Against Ex-Girardi Attys

By Lauraann Wood

An Illinois federal judge told Edelson PC on Friday to either dismiss its conversion case against two former Girardi Keese attorneys in a "clean" and "unadulterated" stipulation or submit legal authority supporting its desire to condition the dismissal on him adopting side agreements the parties outlined in their filing.

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Troutman Owes $3.5M For Malpractice, Med Tech Co. Says

By George Woolston

A healthcare tech company urged a New Jersey state judge on Friday to have Troutman Pepper Locke LLP pay the more than $3.5 million in counsel fees and costs the company and its managing partner incurred successfully litigating legal malpractice claims against the firm, arguing the path to a trial win was lengthy and complex.

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New Rule Limits Loan Forgiveness For Public Service Workers

By Alison Knezevich

The Trump administration has finalized a rule to limit who can qualify for a federal student loan forgiveness program that has been a key incentive for attorneys to pursue public service and nonprofit careers.

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Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

In this installment of Wheeling & Appealing, November's appellate calendar features a Trump lawsuit against Hillary Clinton, New York City housing disputes, drug pricing battles, immigrant rights cases, and challenges to so-called patent troll laws.

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Students Defend Law School Application Fee Antitrust Suit

By James Boyle

Plaintiffs in a proposed class action accusing the Law School Admission Council of fixing application fees with its member schools claim in a new filing their complaint is strong enough to survive a motion to dismiss.

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Q&A

First Trans Judge In Mass. Advocates Courtroom Courtesy

By Parker Quinlan

Boston Municipal Court Judge Connor M. Barusch spent nearly two years navigating the complicated process to become a judge in Massachusetts. In this interview with Law360, they say their path to becoming the first judge in state history who identifies as nonbinary and transgender will help diversify the bench and better serve the community.

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IP-Focused Judges Say Less Is More In Patent Litigation

By Theresa Schliep

Attorneys litigating patent cases should exercise discretion when redacting documents, limit the length and volume of motions, and talk to judges the way they talk to juries about complicated intellectual property issues, a panel of IP-focused judges advised Thursday.

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Practising Law Institute Launches Legal Innovation Council

By Andrea Keckley

The Practising Law Institute announced Friday that it is launching its first-ever Innovation Council, which will offer guidance on the integration of emerging technological innovations into the legal industry.

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AccessLex, Southwestern Law Join Up To Study Admissions

By Matt Perez

Legal education nonprofit AccessLex Institute has announced that Southwestern Law School in Los Angeles will be the first school to go through its Admission Innovation Project, which supports and funds efforts by universities to implement and assess new approaches to selecting first-year law students.

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Hub Hires: Cooley, Hinckley Allen, Weil Gotshal

By Chris Villani

The month of October brings with it shorter days, crisp fall weather, and a handful of fresh legal homes for some of Boston's top talent. Cooley boosted its life sciences practice, Hinckley Allen strengthened its litigation team, and Weil snagged an appellate pro.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen two regional law firms clash at the intellectual property court over the name Amicus Solicitors, Bill's Restaurant face a breach of contract suit by its former executive chair, and a Capita subsidiary sue the Metropolitan Police over a multimillion-pound procurement dispute. 

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

Among the stories in corporate legal news in the past week: Google and Apple fired back at an effort to depose their respective CEOs in an antitrust case, and a new survey found most corporate legal departments expect to seek much more help from outside counsel next year.

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Law360's Legal Lions Of The Week

By Kevin Penton

Kellogg Hansen Todd Figel & Frederick PLLC, Motley Rice LLC and Powell & Majestro PLLC lead this week's edition of Law360 Legal Lions, after the Fourth Circuit overturned a key ruling by a West Virginia federal judge in the first federal bellwether in multidistrict opioid litigation.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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