Analysis

Presidents v. Courts: Lincoln, Trump & Judicial Power Limits

By Jeff Overley

Amid fears of President Donald Trump disobeying judges with impunity, debate has focused on famous instances of officials defying the U.S. Supreme Court. But some of the clearest insights into America's handling of White House disregard for courts exist in relatively obscure cases from the Civil War era, when unprecedented presidential actions provoked extraordinary responses from the judiciary — and underscored the limits of its powers.

Read full article » | Save to favorites »

Up Next At High Court: Gun Violence Liability & Nuclear Waste

By Katie Buehler

The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.

Read full article » | Save to favorites »

Analysis

Trump Admin's NIL Guidance Isn't Law, But Is A Title IX Threat

By David Steele

When President Donald Trump's U.S. Department of Education recently rescinded late Biden-era guidance instructing that upcoming revenue distribution to college athletes should follow Title IX laws protecting equal opportunity for women, legal experts told Law360 it came as little surprise — but also carried very little legitimate legal force.

Read full article » | Save to favorites »

4th Circ. Won't Undo National Block Of Trump Birthright Order

By Madeline Lyskawa

A split Fourth Circuit panel on Friday rejected the federal government's effort to tailor an injunction blocking the enforcement of President Donald Trump's executive order limiting birthright citizenship, saying the district court did not abuse its discretion in issuing a universal injunction.

Order attached | Read full article » | Save to favorites »

WH Appeals After Watchdog Chief Is Permanently Reinstalled

By Ali Sullivan

A D.C. federal judge ruled Saturday that President Donald Trump's firing of the head of the Office of Special Counsel was illegal, finding that the federal employment watchdog can only be ousted for cause.

4 documents attached | Read full article » | Save to favorites »

Ga. High Court Names Justice Peterson As Next Chief

By Kelcey Caulder

Georgia's Supreme Court justices have unanimously elected Presiding Justice Nels S.D. Peterson to serve as the next leader of the state's highest court.

Read full article » | Save to favorites »

NYC Bar Slams Trump's Order On Covington Attys

By Emily Sawicki

The New York City Bar Association has joined the chorus of legal groups decrying President Donald Trump's order suspending security clearances held by Covington & Burling LLP attorneys representing former special counsel Jack Smith, calling it an "improper use of government power."

Read full article » | Save to favorites »

GOP Rep. Reintroduces The JUDGES Act

By Courtney Bublé

The chair of the House Judiciary Committee's courts panel has reintroduced a bill to create 66 new and temporary federal judgeships, which former President Joe Biden vetoed at the end of last year.

Bill attached | Read full article » | Save to favorites »

Trump Still Isn't Obeying Order To Free FEMA Funds, AGs Say

By Lauren Berg

The Trump administration still has not restored millions of dollars in Federal Emergency Management Agency funds as part of a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order.

Motion attached | Read full article » | Save to favorites »

Dems Sue Trump To Stop Encroachment On FEC

By Ali Sullivan

The three national Democratic Party committees sued President Donald Trump in D.C. federal court Friday, saying a recent executive order undercuts the independence of the federal agency charged with enforcing campaign finance law.

Complaint attached | Read full article » | Save to favorites »

NC Judge's Ballot Battle Will Sideline Voters, Court Told

By Corey Rothauser

A North Carolina Supreme Court candidate's continuing bid to throw out more than 60,000 ballots threatens to sideline thousands of legitimate voters, state election officials and his campaign rival told an appeals court on the same day they got an outpouring of amicus support.

6 documents attached | Read full article » | Save to favorites »

Interview

Time To Abolish IPO 'Bureaucracy,' Law Professor Says

By Tom Zanki

The U.S. Securities and Exchange Commission's long-established practice of vetting initial public offering filings through back-and-forth comment letters with companies — essentially a screening process intended to rectify faulty disclosures before public dissemination — is a bureaucratic relic that should be done away with, a law professor argues.

Study attached | Read full article » | Save to favorites »

CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege

By Jon Hill

Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.

17 documents attached | Read full article » | Save to favorites »

FinCEN Delays Corporate Transparency Act Deadlines

By David Hansen

The Financial Crimes Enforcement Network said it will not take any enforcement actions against companies failing to file or update their beneficial ownership information reports pursuant to the Corporate Transparency Act until an interim final rule becomes effective.

Statement attached | Read full article » | Save to favorites »

CFPB Won't Drop MoneyLion Suit Despite Agency Shake-Up

By Dorothy Atkins

The Consumer Financial Protection Bureau told a New York federal judge Friday that the agency plans to continue pursuing its lawsuit against MoneyLion Technologies Inc. under Trump-appointed leadership despite uncertainty about the agency's future and the CFPB's recent decisions to drop other actions due to the Trump administration's policy shake-up.

Letter attached | Read full article » | Save to favorites »

CFPB Drops TransUnion Suit In Enforcement Retreat

By Katryna Perera

The Consumer Financial Protection Bureau on Friday voluntarily dismissed, with prejudice, a lawsuit against TransUnion alleging deceptive marketing practices, and another suit against 1st Alliance Lending LLC alleging deceptive mortgage lending practices, the latest in a string of enforcement actions the Trump administration has dropped without explanation.

2 documents attached | Read full article » | Save to favorites »

SEC's Crypto Turn Could Undermine Staff, Dem Member Says

By Jessica Corso

The U.S. Securities and Exchange Commission's sole Democratic member has spoken out against its postelection retreat from prosecuting crypto cases, warning that recent actions like the voluntary dismissal of a lawsuit against Coinbase threaten to undermine the agency's enforcement staff.

Read full article » | Save to favorites »

FERC Says PJM Watchdog Can't Fight Meeting Roadblock

By Keith Goldberg

The Federal Energy Regulatory Commission on Friday told the D.C. Circuit that PJM Interconnection's electricity market watchdog isn't harmed by being prevented from attending certain meetings held by the regional grid operator and urged the appeals court to dismiss a lawsuit challenging the decision.

Brief attached | Read full article » | Save to favorites »

3M Wants Texas 'Forever Chemical' Suit Tossed

By Juan-Carlos Rodriguez

3M Co. told a Texas federal judge that the Lone Star State's lawsuit accusing chemical manufacturers of selling forever chemical-containing products despite knowing they present health risks to humans should be tossed because the court doesn't have jurisdiction over the companies.

2 documents attached | Read full article » | Save to favorites »

Group Blasts Judge's Call For Women In Contraception MDL

By Carolina Bolado

A judicial organization dedicated to fighting "leftist lawfare" filed a complaint Thursday against the Florida federal judge overseeing multidistrict litigation over the hormonal contraceptive drug Depo-Provera, claiming that her comments about women needing to be represented in the MDL leadership show an impermissible bias.

Complaint attached | Read full article » | Save to favorites »

Trump Can't 'Erase' Trans People Via Order, Wash. Judge Says

By Greg Lamm

A Washington federal judge late Friday blocked parts of two of President Donald Trump's executive orders that cut off funding for gender-affirming care for young people, ruling that they violate the Constitution's separation of powers and equal protection guarantees.

5 documents attached | Read full article » | Save to favorites »

Analysis

Trump Admin Cuts Raise Trade Secret Security Concerns

By Ivan Moreno

As the Trump administration reduces the size of the federal government, intellectual property attorneys are expressing concerns about the continued safeguarding of trade secrets that companies are required to disclose to certain agencies.

Read full article » | Save to favorites »

Analysis

PTAB Denial Rules Shaken Up By Fintiv Memo Withdrawal

By Ryan Davis

The U.S. Patent and Trademark Office on Friday rescinded a 2022 memo regarding when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation, which attorneys said gives the board broader discretion on such denials and could lead to more of them.

3 documents attached | Read full article » | Save to favorites »

Brief

USPTO Fires Some Probationary Workers, But Not Examiners

By Dani Kass

The U.S. Patent and Trademark Office has fired "a small number" of employees that were still on probation, but not patent and trademark examiners, the acting patent commissioner announced.

Read full article » | Save to favorites »

Fla. Officials Can't Escape Authors' Suit Over Book Bans

By Carolina Bolado

A Florida federal judge Friday declined to dismiss a lawsuit by six publishing houses; two parents of schoolchildren; and five bestselling authors, including Jodi Picoult and Laurie Halse Anderson, challenging a state law that restricts books in school libraries.

Order attached | Read full article » | Save to favorites »

Off The Bench

Off The Bench: Trans Ban Recusal Bid, Wemby Spat, Fox Suit

By Alex Lawson

In this week's Off The Bench, a Colorado federal judge won't recuse himself from a case centering on a transgender athlete over his pronoun use, the sale of a high-profile Victor Wembanyama jersey will go forward despite feverish litigation and a sprawling harassment suit against Fox Sports is shuffled from federal to state court.

Read full article » | Save to favorites »

Analysis

5 Argument Sessions Benefits Attys Should Watch In March

By Kellie Mejdrich

The Ninth Circuit will mull Express Scripts and OptumRx's bid to force a public nuisance suit brought by the state of California into federal court, and the Second Circuit will hear from pensioners who say that IBM's use of outdated mortality tables shrank their benefits payouts. Here, Law360 looks at these and other appellate arguments happening in March that should be on benefits lawyers' radar.

Read full article » | Save to favorites »

OPM Tells Agencies To Give On-The-Clock Union Task Info

By Beverly Banks

The U.S. Office of Personnel Management's acting director instructed federal agency heads to submit information about the official time unionized workers spent negotiating, handling grievances and engaging in labor-management relations, issuing the memorandum to carry out President Donald Trump's aim of restoring "efficiency and accountability" in the government.

Memorandum attached | Read full article » | Save to favorites »

NJ Out-Of-State Wine Sale Limits Are Justified, 3rd. Circ. Says

By Jared Foretek

The Third Circuit on Friday upheld a New Jersey law barring out-of-state sellers to directly ship wine to in-state consumers, saying that to grant a New York retailer's challenge would "shake the foundations" of New Jersey's three-tiered system for regulating alcohol.

Decision attached | Read full article » | Save to favorites »

La. Regulators Ask Justices To Review Tesla Sales Ban Case

By Matthew Perlman

Louisiana regulators have asked the U.S. Supreme Court to review Tesla's case over the state's ban on direct sales by automakers, saying the presence of car dealership owners on a regulatory board does not violate the electric-car company's due process rights.

Petition attached | Read full article » | Save to favorites »

Calif. Justices Revive Yacht Club Worker's Injury Suit

By Y. Peter Kang

The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.

Opinion attached | Read full article » | Save to favorites »

Ex-Iranian Intel Official Accused Of Torture In Fla. Suit

By David Minsky

A former top Iranian intelligence official was accused of human rights abuses in a Florida federal lawsuit brought by three California men, alleging he played a major role in maintaining the deposed shah's repressive regime through the arrest, mass torture and imprisonment of perceived political dissidents.

Complaint attached | Read full article » | Save to favorites »

Ga. Can Cap Wrongful Death Damages, US Chamber Says

By Chart Riggall

The U.S. and Georgia chambers of Commerce have urged the Supreme Court of Georgia to find that its 2010 decision striking down a $350,000 cap on noneconomic medical malpractice damages as unconstitutional should not prevent the court from allowing a similar cap in wrongful death claims.

Brief attached | Read full article » | Save to favorites »

Analysis

Strict Mandates In Contracting Order May Undercut Efficiency

By Daniel Wilson

An executive order proposing to bring more transparency and efficiency to federal contracting could undermine any efficiency gains by putting additional compliance burdens on an already-strained acquisition workforce that is set to shrink further under the Trump administration.

1 document attached | Read full article » | Save to favorites »

Texas Appeals Court Finds City Can't Take Oncor Streetlights

By Spencer Brewer

A Texas appeals court found Killeen, Texas, can't claim sovereign immunity to evade a suit seeking to stop the city from taking possession of streetlights owned by a utility company, finding Friday the utility company had presented a viable constitutional claim.

Opinion attached | Read full article » | Save to favorites »

New Jersey AG Office Tells Court It Wasn't Whistleblowers' Boss

By Carla Baranauckas

The New Jersey Attorney General's Office told a state judge Friday that it should be removed from a lawsuit accusing the Warren County prosecutor's office of retaliating against two detectives for their part in uncovering an alleged fraud scheme, because the attorney general was never their employer.

Read full article » | Save to favorites »

China Signals Retaliation Following Extra 10% US Tariff

By Natalie Olivo

The Chinese government said Friday it will pursue additional "countermeasures" if President Donald Trump's administration follows through on plans to impose an extra 10% tariff on Chinese goods.

1 document attached | Read full article » | Save to favorites »

Justices Asked To Review IRS Crypto Doc Seizure Case

By Anna Scott Farrell

A cryptocurrency investor who lost his challenge to the Internal Revenue Service's seizure of his account records has asked the U.S. Supreme Court for review, saying the 1976 legal doctrine that sank his case is outdated and fails to meet digital realities, including decentralized banking.

Petition attached | Read full article » | Save to favorites »

Carbon Project Investor C-Quest Hits Ch. 7

By Rick Archer

Carbon project developer C-Quest Capital has filed for Chapter 7 liquidation in a Delaware bankruptcy court as its ex-CEO faces charges he fraudulently obtained millions of dollars worth of carbon credits.

Petition attached | Read full article » | Save to favorites »

Judge Questions Refugee Org.'s Contract Termination Claims

By Jared Foretek

A D.C. federal judge seemed unconvinced Friday that an organization of Catholic bishops has much more than contract claims in their bid to stop the Trump administration from terminating refugee resettlement cooperation agreements, though he also questioned government assertions that statutorily-mandated resettlement work is still happening through other means.

Read full article » | Save to favorites »

More Sanctuary Jurisdictions Join Suit Against Trump Admin

By Britain Eakin

U.S. cities and counties challenging the Trump administration's targeting of sanctuary jurisdictions have escalated their legal battle to fend off federal funding cuts and civil or criminal prosecution, adding nearly a dozen more localities to the suit.

Complaint attached | Read full article » | Save to favorites »

9th Circ. Backs Developer's Conviction For Bribing LA Pol

By Gina Kim

The Ninth Circuit upheld a developer's conviction for bribing former Los Angeles City Councilor Jose Huizar to foil a challenge to a downtown project, ruling Thursday the district court didn't have to instruct jurors that the government had to prove the developer bribed Huizar to take a specific, official act.

Order attached | Read full article » | Save to favorites »

Dems Claim DOJ Atty's 'Quid Pro Quo' Violated Ethics Rules

By Dorothy Atkins

Democratic Senate Judiciary Committee senior members lodged ethics complaints against acting Deputy Attorney General Emil Bove, accusing the recently appointed Bove of violating ethics rules by allegedly pushing prosecutors to drop criminal bribery charges against New York City Mayor Eric Adams in a "quid pro quo" deal with President Donald Trump.

2 documents attached | Read full article » | Save to favorites »

Calif. Tribe Didn't Comply With Tobacco Laws, Judge Says

By Jonathan Capriel

Federal tobacco regulators were justified in blocking the Twenty-Nine Palms Band of Mission Indians from shipping cigarettes after its wholesale products were resold to people without tribal affiliation, a California federal judge has ruled in a lawsuit that argued the concept of tribal sovereignty was being turned on its head.

Order attached | Read full article » | Save to favorites »

Feds Say Tribes Can't Block New Oregon Casino

By Ali Sullivan

The federal government and an Oregon Native American tribe are pushing back on a bid from three other tribes to block the operation of a new casino in Oregon, telling the D.C. Circuit that the tribes filed their emergency motion improperly and are likely to lose on the merits of their case.

3 documents attached | Read full article » | Save to favorites »

Cheyenne Sioux Tribe Says US Must Pay For Building Repairs

By Crystal Owens

A Wyoming tribe is asking the Federal Circuit Court of Appeals to overturn an order that determined the federal government is not responsible for paying for a deteriorating building on its reservation, arguing that the contract over the structure is rooted in a treaty-based, nation-to-nation relationship.

Brief attached | Read full article » | Save to favorites »

T-Mobile Touts Broadband Benefits Of US Cellular Deal

By Nadia Dreid

T-Mobile continues to make its case to the Federal Communications Commission in the hopes of earning the agency's blessing on the mobile behemoth's $4.4 billion plan to pick up rival UScellular's wireless business since it holds the key to the transfer of all the latter company's licenses.

2 documents attached | Read full article » | Save to favorites »

Brief

FCC Slaps Pirate Radio Stations With $400K In Fines

By Nadia Dreid

The Federal Communications Commission fined two people almost $400,000 Friday for running a pair of illegal radio stations, with the agency saying that it was putting "other pirate radio operators on notice."

2 documents attached | Read full article » | Save to favorites »

Cozen Public Strategies Names Federal Lobbying Leader

By Jack Rodgers

Cozen O'Connor Public Strategies has tapped its managing director to lead its federal lobbying practice in Washington, D.C.

Read full article » | Save to favorites »

A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

Read full article » | Save to favorites »

Assessing PE Risk After Mass. False Claims Act Amendments

A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.

Read full article » | Save to favorites »

The Current And Future State Of Bank-Fintech Partnerships

Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.

Read full article » | Save to favorites »

Chancery Ruling Holds Authorized Share Takeaways For Cos.

The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.

Read full article » | Save to favorites »

How Crypto Firms Should Approach Patchwork Of State Laws

The Money Transmission Modernization Act was designed to create uniformity across state digital regulations, but the reality remains far from consistent — as demonstrated by the patchwork of laws in states like Texas, Vermont, New York and California — so as state legislatures convene in the coming weeks, crypto firms should watch closely for developments that could shape the regulatory landscape, say attorneys at Paul Hastings.

Read full article » | Save to favorites »

Ex-Commerce Official To Chair Gibson Dunn Sanctions Group

By James Mills

Gibson Dunn & Crutcher LLP is creating a new sanctions and export enforcement practice group and bringing in a former U.S. Commerce Department official as a partner in its Washington, D.C. office to lead it.

Read full article » | Save to favorites »

Ex-White House Cyber Pro Joins Sidley As DC Privacy Partner

By Tracey Read

The former chief of staff at the White House Office of the National Cyber Director has returned to the private sector as a Sidley Austin LLP privacy and cybersecurity practice partner in Washington, the firm said Thursday.

Read full article » | Save to favorites »

Roc Nation Aims To Get Out Of Buzbee Conspiracy Suit

By Ryan Boysen

Shawn "Jay-Z" Carter's company Roc Nation has asked a Texas federal court to let it exit a lawsuit that claims Roc Nation conspired to "finance" malpractice suits against attorney Tony Buzbee in retaliation for an abortive lawsuit Buzbee filed accusing the rap star of rape.

2 documents attached | Read full article » | Save to favorites »

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

While many companies are removing diversity language from their public websites, a new survey shows that about half of its respondents do not plan on changing their DEI programs. And the general counsel for the new Tiger Woods/Rory McIlroy golf league talked about his love of the sport and the legal work involved in the new venture.

Read full article » | Save to favorites »

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

By Max Austin

This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.

Read full article » | Save to favorites »

Law360's Legal Lions Of The Week

By Kevin Penton

Holwell Shuster & Goldberg LLP and Kontnik Cohen LLC lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court held that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.

Read full article » | Save to favorites »

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.

Read full article » | Save to favorites »