5th Circ. Bars Feds From Messing With Texas' Wire Barriers

By Britain Eakin

A split Fifth Circuit panel said federal agents can't interfere with concertina razor wire barriers Texas erected to deter illegal border crossings, ruling that the federal government isn't immune from Texas' state law claims for trespass and conversion.

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9th Circ. Partially Upholds Block Of Idaho Abortion Travel Ban

By Mark Payne

A split Ninth Circuit panel on Monday upheld part of a lower court's temporary injunction to an Idaho law that criminalizes helping minors travel out of state to receive abortions without parental permission, finding the "recruiting" portion of the law is unconstitutional. 

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Wash. Airport Deportation Ban Unconstitutional, 9th Circ. Says

By Greg Lamm

Ninth Circuit judges have determined that a Washington county's ban on deportation flights departing from a Seattle-area airport was an unconstitutional interference with federal government operations, as well as a breach of a World War II-era agreement.

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EPA Pitches Partial Ban On Food Crop Pesticide Chlorpyrifos

By Gina Kim

The U.S. Environmental Protection Agency announced Monday it is proposing a rule to revoke tolerances over the use of chlorpyrifos on foods, a year after the Eighth Circuit said the agency hurriedly instituted a ban and didn't fulsomely consider the possibility of allowing some beneficial uses to continue.

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Analysis

Biden's Pardon Is Another Blow To Special Counsel Probes

By Phillip Bantz

President Joe Biden's pardon of his son over the weekend marks the latest example of a special counsel investigation fizzling and raises doubts over the future use of such probes, which can drag on for years and cost taxpayers millions of dollars.

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Analysis

SEC Crypto Cases To Face Review Under Trump

By Aislinn Keely

President-elect Donald Trump's promises of a friendlier approach to the digital asset industry means a review is coming for the U.S. Securities and Exchange Commission's controversial crypto suits, but experts agreed that this doesn't mean enforcement actions in the space will grind to a halt.

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NC Judge Is 2nd To Reverse Senior Status Plans After Election

By Courtney Bublé

A second federal judge appointed by a Democratic president has reversed his decision to take senior status in the wake of former President Donald Trump's win in the 2024 presidential election.

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Senate Sends Calif. Judge To Federal Bench

By Courtney Bublé

The U.S. Senate voted 48-43 on Monday evening to confirm California Superior Court Judge Anne Hwang to a federal judgeship in the Central District of California.

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NC GOP-Led Senate OKs Reducing Income Tax Cap

By Maria Koklanaris

North Carolina's income tax cap would fall to 5%, instead of the 7% currently in the state constitution under a constitutional amendment approved Monday by the state Senate.

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Ga. DNA Testing Law Hinders Death Row Inmates, Suit Says

By Chart Riggall

A Georgia law governing DNA testing used in capital crime cases is unconstitutional because it allows courts to decide whether death row inmates are using bids to reopen evidence as a means to delay their execution, according to a federal lawsuit.

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Attys Issue Poaching Warning At Judicial Salary Hearing

By Aaron Keller

Noncompetitive salaries affect judicial morale, cause jurists to doff their robes for more lucrative careers in private practice and might lead attorneys to avoid seeking judicial appointments, judges and lawyers said Monday at a hearing of a Connecticut legislative commission considering a bid to give jurists a roughly $20,000 pay raise. 

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CFPB Pitches Plan For Tighter Regulation Of Data Brokers

By Jon Hill

In a late push before the Biden administration's end, the Consumer Financial Protection Bureau moved Tuesday to clamp down on the so-called data broker industry with a new draft rule that pivots off existing credit reporting protections for consumers.  

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Bipartisan Bill Calls For AI Studies From Financial Regulators

By Aislinn Keely

Leaders of the U.S. House Financial Services Committee want to codify their commitment to regulating and cultivating the use of artificial intelligence in the financial services industry with legislation introduced Monday that directs financial and housing regulators to produce reports on the use of AI in their respective sectors.

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Newsom Wants $25M For Expected Legal Fights With Trump

By Craig Clough

California Gov. Gavin Newsom announced Monday that he wants up to $25 million for litigation and legal fights he foresees with the administration of President-elect Donald Trump, kicking off the first day of a special session the state Legislature held at the governor's request after Trump's win.

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DC Circ. Asked To Spike 'Dangerous' NEPA Regulatons Ruling

By Juan-Carlos Rodriguez

Environmental groups are asking the D.C. Circuit to overturn a panel's "demonstrably dangerous" ruling that the White House Council on Environmental Quality lacks the authority to issue legally binding regulations implementing the National Environmental Policy Act.

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Monsanto PCB Jury Is Told Cancer Link Isn't Solid

By Cara Salvatore

A longtime Monsanto PCB expert told a Washington state court jury Monday that there is no solid evidence that the once-ubiquitous chemicals cause cancer in humans, saying "a cancer death here, a cancer death there" isn't conclusive.

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Mining Cos. Ask Justices To Sink Peruvians' Pollution Claims

By Jade Martinez-Pogue

The Renco Group Inc., owned by U.S. billionaire Ira Rennert, has asked the U.S. Supreme Court to overturn an Eighth Circuit ruling that greenlit a lawsuit filed by more than 2,000 Peruvians who are seeking to hold The Renco Group and other companies liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.

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Solar Cos. Ask High Court To Review Vermont-Imposed Fine

By Tom Lotshaw

Allco Renewable Energy Ltd. and several other companies pursuing a solar generation project in Bennington, Vermont, are asking the U.S. Supreme Court to wade into their row with the Vermont Public Utility Commission and hold that it had no authority to impose a civil penalty on them without a jury trial.

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Green Group Urges Justices To Save Wash. Port CWA Ruling

By Juan-Carlos Rodriguez

A Washington state environmental group is urging the U.S. Supreme Court not to disturb a Ninth Circuit ruling that protects its right to sue over pollution discharges under the citizen enforcement provision of the Clean Water Act.

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House COVID-19 Probe Points to China 'Lab Leak'

By Dorothy Atkins

The Republican-led House Select Subcommittee on the Coronavirus Pandemic published the results of its two-year investigation into the origins of the COVID-19 pandemic Monday, concluding that COVID-19 "most likely" emerged from a laboratory in Wuhan, China, and heavily criticizing the Biden administration, Anthony Fauci and left-leaning organizations for their responses.

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Meta Can't Dodge $25M Fine For Wash. Election Ads

By Greg Lamm

Facebook parent company Meta must pay $25 million in fines for repeatedly running afoul of Washington state's political advertising transparency law, a state appellate panel ruled Monday, finding the technology giant's free speech rights were not violated by being forced to comply with the law.

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Cargo Facility Merits Property Tax Break, Mass. Justices Told

By Sanjay Talwani

A property leased from the Massachusetts Port Authority to a for-profit cargo enterprise is exempt from property tax because the facility serves a public purpose, the lessee told the state's highest court Monday, urging reversal of a tax board decision.

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Philadelphia Accused Of Anti-Asian Liquor Law Enforcement

By Matthew Santoni

Groups representing Asian American and Arab American business owners claim the city of Philadelphia and Pennsylvania's Bureau of Liquor Control Enforcement are violating their rights with state and local ordinances cracking down on "stop and go" liquor establishments and convenience stores, which happen to be predominantly owned by racial minorities.

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Circle K Fights How Denver Counts Tobacco-To-School Span

By Thy Vo

The convenience store chain Circle K is suing Denver to challenge the city's application of a law requiring tobacco sales occur no closer than 1,000 feet from schools, alleging in a state court complaint that an erroneous approach to distance measurements will limit Circle K's ability to open new stores.

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Worker's Case Threatens 'Sea Change,' Conn. Justices Hear

By Brian Steele

If the Connecticut Supreme Court sides with a workers' compensation claimant who is challenging a benefits determination, it would "create a sea change" that makes claims "drastically more expensive," the state's mental health agency told the justices Monday.

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ByteDance Says Ex-Worker Can't Avoid Counterclaims

By Adam Lidgett

TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.

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White House Urges Agencies To Boost Small Biz Contracting

By Daniel Wilson

The White House has urged federal agencies to more closely scrutinize federal contractors' subcontracting plans and to standardize their forecasts of upcoming procurement opportunities, efforts it said were intended to boost small business participation in government contracting.

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Shipping Industry Braces For Waves Of New Trump Tariffs

By Alex Lawson

After a holiday weekend marked by a fresh round of tariff threats from President-elect Donald Trump, the shipping and logistics industry is beginning to feel the heat, warning companies to prepare for massive upheaval if Trump follows through.

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IRS Finalizes Partnership Liability Regs After 11 Years

By Kat Lucero

The Internal Revenue Service unveiled final regulations governing the allocation of partnership liabilities 11 years after releasing the proposed rules, saying no subsequent legislative and regulatory changes had taken place to compel the agency to otherwise renew the rulemaking process.

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Australia Passes Public Country-By-Country Reporting

By Kevin Pinner

Multinational businesses with large operations in Australia are required to publicly disclose information about their operations in tax havens as designated by the government under a country-by-country reporting law that lawmakers adopted following a two-year saga over concerns about the data's confidentiality.

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Mexico Says Okla. Immigration Law Would Weaken Diplomacy

By Britain Eakin

Mexico has told the Tenth Circuit that it would be forced to expend diplomatic and consular resources to deal with the fallout of an Oklahoma law barring unauthorized immigrants from residing in the state if it was allowed to take effect.

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Mich. Justices To Mull Immigrant Org.'s Workers' Comp Fight

By Carolyn Muyskens

The Michigan Supreme Court said Monday it would review whether a one-year filing deadline bars an immigrant legal aid organization from forcing the state to stop denying workers' compensation benefits based on immigration status.

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Government Mole Faces Tough Cross From Madigan's Atty

By Celeste Bott

An attorney for former Illinois House Speaker Michael Madigan got his chance Monday to question the ex-Chicago alderman who recorded his client while cooperating with the government, pushing him to admit that Madigan never explicitly conditioned his support on legal business for his law firm or told the alderman to vote against developers who didn't hire him for tax work.

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Fla. Tribe Sues Eli Lilly, CVS, Others Over Insulin Price-Fixing

By David Minsky

The Miccosukee Tribe in Florida is alleging drugmakers like Eli Lilly & Co. and pharmacy benefit managers like CVS illegally conspired to limit competition and artificially inflate the price of insulin drugs, according to a new lawsuit filed in New Jersey federal court.

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Ark. Governor Wants Out Of Cherokee Casino License Row

By Crystal Owens

Arkansas Gov. Sarah Huckabee Sanders is asking a federal district court to be removed as a defendant and for an overall dismissal of a challenge to a state amendment that revoked a Cherokee Nation business' casino license, arguing the Oklahoma tribe doesn't have any property interest in the case.

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'Pull The Plug': Broadband Program Wasteful, GOP Sen. Says

By Christopher Cole

The government's $42.5 billion program to deploy broadband to underserved locations throughout the U.S. should be stopped because it's wasting money hand over fist, according to a Republican senator.

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Gov't Owned Broadband Often Fails, Report Says

By Christopher Cole

A new report from an industry-backed think tank skewers government-owned broadband networks for purportedly relying on public resources to survive but operating inefficiently and competing unfairly against private internet service providers.

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Brief

FCC Chair Makes Last-Ditch Plea For 'Rip And Replace'

By Christopher Cole

The Federal Communications Commission's chief called on key lawmakers to act soon to fund a program for securing telecom network equipment that faces a $3.08 billion shortage.

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DEA Asserts Its Role As Proponent Of Pot Rescheduling Plan

By Sam Reisman

The Drug Enforcement Administration on Monday affirmed it was acting as the proponent of a proposal to loosen federal restrictions on marijuana, and the administrative law judge said supporters of rescheduling would not get an opportunity to cross-examine DEA witnesses.

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Atty Seeks DEA Communications On Rescheduling

By Mike Curley

An attorney is suing the U.S. Drug Enforcement Administration under the Freedom of Information Act, seeking communications between the agency and anti-legalization activists as the agency holds a hearing on whether to reschedule the drug under the Controlled Substances Act.

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Freshfields Lands Onetime SEC Acting Enforcement Head

By Emily Sawicki

Freshfields has added a litigation partner in its Washington, D.C., office who brings with her nearly 17 years of government experience including time as acting director of the U.S. Securities and Exchange Commission's enforcement division, according to a Monday announcement.

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SEC Taps Former Crypto Chief To Head Litigation Efforts

By Jessica Corso

The former acting chief of the U.S. Securities and Exchange Commission unit in charge of overseeing cybersecurity and cryptocurrency-related cases has been promoted to chief litigation counsel, expanding his oversight authority even as a more crypto-friendly administration is slated to enter the Oval Office in January. 

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7 Ways To Prepare For An I-9 Audit Or Immigration Raid

Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

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California Supreme Court's Year In Review

Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

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Implementing Human Rights Due Diligence

The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.

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3 Changes Community Banks Should Expect Under Trump

A second Trump administration promises a sea change for regional and community banks, including shifts in the regulatory environment, Community Reinvestment Act rules and the M&A landscape, say attorneys at Manatt.

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Args In 2 High Court Cases May Foretell Clarity For Employers

Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

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How Boards And Officers Should Prep For New Trump Admin

In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

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DC Circ. Decision Opens Door To NEPA Regulation Litigation

A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.

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Unpacking Arguments From High Court's Rural Hospital Case

During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.

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Bonus Spotlight

Mid-Law Firm Seward & Kissel Matching Milbank Bonus Scale

By Tracey Read

Seward & Kissel LLP, a Mid-Law firm with offices in New York and Washington, D.C., has joined the bonus bandwagon for associates by matching the year-end and special cash rewards set by Milbank LLP, according to media reports.

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The Top In-House Hires Of November

By Sue Reisinger

Legal department moves in the last month included high-profile announcements at CSX Corp., Cohen & Steers Inc. and Pershing Square Holdings Ltd., including two general counsel joining boards of directors. Here, Law360 Pulse looks at some of the top in-house appointments from November.

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Jackson Walker 'Extinguished' Privilege Over Judge Romance

By Lynn LaRowe

An Oregon federal judge has said Holland & Knight LLP lawyers must turn over documents regarding their advice to Jackson Walker LLP on how to handle the "debacle" of a former firm partner's intimate relationship with a former bankruptcy judge, finding Jackson Walker has "utterly extinguished" any claim to attorney-client privilege.

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Girardi Won't Get New Fraud Trial Despite Memory Claims

By Rae Ann Varona

A California federal judge on Monday denied Tom Girardi's bid for a new trial after a jury found he misappropriated $15 million worth of client settlement funds, standing by a prior assessment that the disbarred attorney was "exaggerating" symptoms of mild cognitive impairment.

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Hagens Berman Sued For Slice Of Atty Fee From Effexor Deal

By Rae Ann Varona

A pharmaceutical reseller's in-house counsel and founder lodged a breach of contract suit against Hagens Berman in Mississippi federal court, accusing the law firm of refusing to pay him his share of a $13 million attorney fees award stemming from an antitrust class settlement with Pfizer Inc. unit Wyeth.

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Ex-BigLaw Atty Who Killed Wife Faces Depo Over Settlement

By Jack Karp

Former Fisher Phillips partner Claud "Tex" McIver, who is serving a prison sentence for killing his wife, is set to be deposed as soon as Tuesday as part of the legal battle in Georgia state court over who is entitled to the settlement of the wrongful death suit brought by his wife's estate.

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