Analysis

TCPA Litigants Brace For 'Seismic Shift' After Deference Blow

By Allison Grande

The U.S. Supreme Court's backing of broad judicial review for the crush of regulatory orders interpreting the Telephone Consumer Protection Act is poised to turn the litigation landscape on its head, as key statutory determinations that have long been viewed as settled matters are suddenly ripe for scrutiny.

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Analysis

The 5 Big Enforcement Trends White Collar Attys Must Know

By Phillip Bantz

The Trump administration has made clear its intent to prioritize U.S. interests, eliminate transnational cartels and cut government fraud, waste and abuse — but questions remain about the administration’s approach to foreign bribery, crypto, public corruption, self-disclosure and clemency as we head into the second half of the year.

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DOJ Sues Md. Federal Judges Over 'Lawless' Habeas Orders

By Ali Sullivan

The Trump administration is suing the Maryland federal district court and all of its judges over a standing order that temporarily staves off the deportation of detained noncitizens who file habeas petitions.

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3rd Circ. Pick Emil Bove Says He's 'Not Anybody's Henchman'

By Courtney Bubl茅

Emil Bove, nominee for the Third Circuit, who previously served as President Donald Trump's criminal attorney and was a top acting official at the U.S. Department of Justice earlier this year, where he took various controversial actions, made his case on Wednesday for judicial confirmation.

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Lawmakers Can't Curb NC Gov.'s Power To Appoint Judges

By Hayley Fowler

Republican lawmakers in North Carolina can't restrict the governor's ability to fill judicial vacancies in the state appellate courts, a state court has ruled, partially striking down a law the Legislature passed last year attempting to curb his appointment powers.

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DOJ Says OC Won't Provide Noncitizen Voter Cancellation Info

By Gina Kim

The Orange County Registrar of Voters is illegally withholding unredacted information of noncitizens whose registrations were voided, according to a lawsuit filed Wednesday in California federal court by the U.S. Department of Justice, which recently received a complaint from the relative of a noncitizen who purportedly received a mail-in ballot.

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Fed Rolls Out Plan To Relax Leverage Rule For Biggest Banks

By Jon Hill

The Federal Reserve on Wednesday kicked off an effort to ease a key leverage requirement for the biggest U.S. banks, advancing a highly anticipated proposal that officials said could free up bank balance-sheet capacity to bolster the U.S. Treasury market.

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Fed's Powell Suggests Student Loans Too Hard To Discharge

By Jon Hill

Federal Reserve Chairman Jerome Powell told senators Wednesday that Congress might want to consider permitting greater dischargeability of student loans, questioning whether it is a "wise national policy" to treat such debt differently under the federal bankruptcy laws.

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Do Kwon Trial Judge Has Eye On Federal Crypto Legislation

By Pete Brush

Federal legislation that could codify stablecoins as payment-related assets — not securities — has the potential to impact the Manhattan U.S. attorney's $40 billion criminal case against Terraform founder Do Kwon, a federal judge said Wednesday.

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10th Circ. Urged To Revive Post-Jarkesy FDIC Challenge

By Sarah Jarvis

A Kansas bank has urged the Tenth Circuit to revive its suit claiming the Federal Deposit Insurance Corp. violated the bank's right to a jury trial through an enforcement proceeding before an agency-appointed judge, arguing federal courts must be able to hear such constitutional claims.

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Brief

SEC Grants Brokers More Time On Customer-Protection Rule

By Tom Zanki

The U.S. Securities and Exchange Commission agreed Wednesday to extend until late June 2026 the time broker-dealers have to comply with recent amendments to a regulation protecting customers, saying that firms need more time to upgrade their operations.

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By Ivan Moreno

The Trump administration has said the fired leader of the U.S. Copyright Office has not shown that the agency's operations "will grind to a halt" if she is not immediately reinstated and asked a D.C. federal judge to reject her motion for a preliminary injunction.

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Colo. Justices Unsure If Law Covers AI-Made Child Images

By Zach Dupont

The Colorado Supreme Court expressed uncertainty Wednesday over whether a state statute in place through 2024 made illegal the production of sexually explicit AI-generated images of minors, or if this month's revision to the law proves the 2024 statute did not cover those images.

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Spirit Flags Competition Concerns Over United-JetBlue Pact

By Matthew Perlman

Spirit Airlines LLC has filed a complaint with federal transportation regulators contending that a recently announced partnership between United Airlines and JetBlue raises issues similar to an alliance between American and JetBlue that was blocked over competition concerns.

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Senate Panel Narrowly Advances FAA Chief Nominee

By Linda Chiem

The Senate Committee on Commerce, Science and Transportation voted along party lines Wednesday to advance President Donald Trump's nominee to lead the Federal Aviation Administration.

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Judge Tosses Suit Over Wash. Race-Based Home Program

By Isaac Monterose

A Washington federal judge has thrown out a nonprofit's suit alleging that a state homeownership program is unconstitutional because it allegedly only helps first-time homebuyers who belong to specific minority groups.

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Michigan Builders Sue State Over Energy Code Mandates

By Carolyn Muyskens

Michigan homebuilders have sued to challenge the state's adoption of new construction codes, saying the energy efficiency demands will make new homes more expensive.

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Trump's DOL Blocked From Slashing Job Corps Program

By Hailey Konnath

A New York federal judge Wednesday issued a nationwide preliminary injunction prohibiting the U.S. Department of Labor from "suspending" most of the Job Corps program, ruling that Congress created the program and funded it, and the "DOL is not free to do as it pleases."

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Fed. Circ. Backs EPA's Firing Of 'Disruptive' Whistleblower

By Gina Kim

The Federal Circuit upheld a decision finding the U.S. Environmental Protection Agency would've fired a federal employee even if she wasn't whistleblowing on its failure to submit affirmative employment plans, ruling Wednesday that while there was significant motive to retaliate, there's also evidence the employee was "disrespectful, disruptive and discourteous" toward colleagues.

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Court Halts Trump Order Curbing Federal Union Bargaining

By Beverly Banks

Several federal agencies must stop enforcing a part of President Donald Trump's executive order that would ax labor contracts covering agencies that have "national security" aims, a California federal judge ruled, finding unions showed they would suffer irreparable harm by losing collective bargaining rights.

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DOL Urges Judge Not To Block H-2A Prevailing Wage Rules

By Beverly Banks

The U.S. Department of Labor defended its 2022 H-2A prevailing wage regulations against claims from a farmworker union in Washington federal court, arguing the agency's rules are lawful and must be upheld.

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DOL Says Trump Order Moots Contractor Wage Case

By Emmy Freedman

A Colorado federal court should throw out an outdoor group's challenge to a Biden-era mandate requiring federal contractors to pay a $15 minimum wage, the U.S. Department of Labor argued, saying President Donald Trump has rescinded the rule that the lawsuit challenges.

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EU Probing Mars' $36B Deal For Pringles-Maker Kellanova

By Matthew Perlman

European competition enforcers said Wednesday they are investigating snack food and candy giant Mars Inc.'s planned $35.9 billion purchase of Cheez-It and Pringles maker Kellanova over concerns the combined company would have too much negotiating power with retailers.

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Media Matters' FTC Suit Can't Keep Same Judge As Texas Case

By Bryan Koenig

The D.C. federal judge who blocked investigations into Media Matters by the attorneys general of Texas and Missouri won't be taking on the group's latest lawsuit challenging an allegedly similar probe by the Republican-controlled Federal Trade Commission after the judge concluded Wednesday that the FTC case is too different.

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Ark., Idaho Push For Jury Trial In Google Ad Tech Case

By Nadia Dreid

Arkansas and Idaho are hoping a Texas federal judge will reconsider the decision declaring they don't have a right to a jury trial and, as a result, can't seek civil penalties from Google on their antitrust claims accusing the tech behemoth of manipulating the advertising market.

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Senate Panel Again OKs Bill To Boost Teens' Online Privacy

By Allison Grande

A longstanding legislative proposal that would ban online targeted advertising to minors and expand digital privacy protections to cover teens between the ages of 13 and 16 began its latest trip through Congress on Wednesday, when the U.S. Senate Commerce Committee easily advanced the measure to the full chamber.

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Brief

FCC Democrat Takes Civil Rights, Speech Issues To Rural Ky.

By Christopher Cole

A Democratic member of the Federal Communications Commission recently visited rural Kentucky as part of an effort calling attention to civil rights and free speech issues that she says the agency has raised through recent actions.

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Coinme Fined $300K In Landmark Calif. Enforcement Action

By Rae Ann Varona

Crypto kiosk operator Coinme Inc. has agreed to pay a $300,000 fine to resolve findings that it violated California's kiosk transaction limits and failed to include certain disclosures on receipts, the California Department of Financial Protection and Innovation announced Wednesday.

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Feds Say Vet Failed To Back VA Malpractice Claim At Trial

By Mike Curley

The U.S. government is urging a Washington federal court to give it a win following a bench trial on a suit brought by a Navy veteran and former Department of Veterans Affairs nurse alleging that malpractice by her VA psychiatrist led to an episode in which she stabbed her mother with a knife.

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State Gets Second Chance Despite Delays, Pa. Court Rules

By Elizabeth Daley

A trial court erred in dismissing a criminal case against a man who was accused of illegally possessing firearms due to excessive delays, the Pennsylvania Superior Court said, finding that lapsed time was not entirely attributable to the commonwealth and should therefore not prevent prosecution.

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Trade Court Cannot Stop Trump's Tariffs, Gov't Tells Fed. Circ.

By Dylan Moroses

The U.S. Court of International Trade hamstrung President Donald Trump in ongoing global trade negotiations when it blocked emergency tariffs he had imposed and deemed them unlawful, the government told the Federal Circuit on Tuesday, urging it to reverse the lower court's ruling.

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Ore. Lawmakers OK Requiring Report On Property Taxes

By Sanjay Talwani

The Oregon Legislature would issue a report on the state's property tax system and options to modernize it, including an analysis of two tax-limiting initiatives, under legislation approved by lawmakers.

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RI Allows Providence To Exceed Tax Levy Cap For Fiscal 2026

By Zak Kostro

Providence, Rhode Island, may exceed the state's limit on property tax increases for the 2026 fiscal year under legislation signed by the governor.

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Wash. City Hits Ch. 9 After Arbitration Loss With Developer

By Clara Geoghegan

Cle Elum, a city in central Washington at the foothills of the Cascade Mountains, filed for Chapter 9 municipal bankruptcy on Tuesday facing garnishment from a real estate developer to whom it owes $26 million.

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Ga. University Contract Lands Dorm Operator In Ch. 11

By Rick Archer

The Georgia affiliate of student and military housing provider Corvias filed for Chapter 11 protection in Delaware bankruptcy court Wednesday saying an unsustainable contract with Georgia's public universities has left it unable to support its $532 million in debt.

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Judge Blocks Colo. Gov. From Forcing Cooperation With ICE

By Zach Dupont

A Colorado state judge on Wednesday blocked Gov. Jared Polis from forcing certain state labor department employees to comply with a U.S. Immigration and Customs Enforcement subpoena, but he stopped short of prohibiting Polis from cooperating with the federal agency.

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Community College Fights DOJ's Bid To End Texas Dream Act

By Britain Eakin

A Texas community college wants to intervene in the Trump administration's lawsuit challenging a state law allowing in-state tuition for unauthorized immigrants, arguing that the federal government colluded with the state to deprive the court of the opportunity to consider the law's constitutionality.

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Brief

NJ Rep. McIver Pleads Not Guilty In ICE Facility Incident

By Carla Baranauckas

U.S. Rep. LaMonica McIver pled not guilty Wednesday in New Jersey federal court to assault and interference charges stemming from an incident at an immigration detention center in Newark on May 9.

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Pa. Wealth Manager Gets 8 Years For Stealing Client Money

By P.J. D'Annunzio

A suburban Philadelphia wealth manager was sentenced Wednesday to just over eight years in prison for using nearly $25 million of his clients' money on properties, country club fees and luxury vacations, his counsel said.

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Tulsa Inks Jurisdiction Pact With Tribe As Okla. Gov. Objects

By Joyce Hanson

The mayor of Tulsa, Oklahoma, on Wednesday settled a jurisdictional dispute with the Muscogee (Creek) Nation over law enforcement, saying the city will bring an end to the tribe's lawsuit by deferring to its criminal jurisdiction, despite Oklahoma Gov. Kevin Stitt's objections that he's been cut out of the deal.

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Montana Tribes Look To Back Union In Election Law Dispute

By Crystal Owens

Several Native American tribes are looking to intervene in a challenge to a Montana law that they allege harms the state's rural Indigenous communities by eliminating eight hours of voter registration on Election Day, arguing that it violates equal protection laws and due process ensured by the state's constitution.

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FCC To Consult Tribes On Wireless Cos.' NEPA Petition

By Jared Foretek

The Federal Communications Commission plans to consult with tribal governments on a wireless industry proposal to cut red tape associated with the National Environmental Policy Act for cell towers, following comments from Native American organizations blasting the plan and saying it would threaten sacred lands.

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Team Telecom Gives Its OK To $4.4B T-Mobile, UScellular Deal

By Christopher Cole

T-Mobile's plan to take over most of UScellular's wireless operations in a $4.4 billion deal cleared a regulatory hurdle with approval from the federal group that vets telecom mergers for security concerns.

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Globalstar Concerned By Potential 'Big LEO' Band Changes

By Jared Foretek

Satellite company Globalstar is once again bashing SpaceX's proposal to rewrite the Federal Communications Commission's rules for the "Big LEO" band, telling agency officials in a recent meeting that there's no need to rethink things and let new entrants into its licensed spectrum.

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Alaska Doesn't Need 5G In Most Remote Reaches, FCC Told

By Nadia Dreid

Alaskan telecoms should not have to bring 5G-level internet to every corner of the state to which they are designated to deploy under the Alaska Connect Fund, a trade group has told the Federal Communications Commission.

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Brief

House Approps Bill Keeps Public Broadcast Warning System

By Christopher Cole

U.S. House lawmakers are considering keeping $40 million intact next year for the Next Generation Warning System used by public broadcasters to get critical information to the public during emergencies.

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Mass. Atty Gets 18 Mos. For 'Greed' In Pot Shop Bribery Plot

By Julie Manganis

A Massachusetts lawyer, whose conviction for attempting to bribe a police chief to endorse his client's retail cannabis license application had been partly reversed at the First Circuit, was re-sentenced Wednesday to 18 months in prison by a federal judge who said the attorney should have known better.

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Biden WH Counsel, Civil Rights Atty Joins Cooley's DC Team

By Jack Rodgers

A former associate White House counsel to President Joe Biden, who has worked in the Senate and in leadership roles in higher education, has joined the litigation team at Cooley LLP, having served alongside some of his new colleagues while representing victims of the 2017 white supremacist rally in Charlottesville, Virginia.

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Focusing On Fluoride: From FDA To Class Action

A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.

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How Energy Cos. Can Prepare For Potential Tax Credit Cuts

The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.

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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

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The CFTC Is Shaking Up Sports Betting's Legal Future

The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.

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Series

Law School's Missed Lessons: Rejecting Biz Dev Myths

Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

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McDermott, Schulte Roth Vote To Approve $2.8B Merger

By Kevin Penton

Partners at Schulte Roth & Zabel and McDermott Will & Emery have voted in favor of merging to create the combined firm of McDermott Will & Schulte, the firms announced Thursday.

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Audio

10 Years Later: Obergefell Attorneys, In Their Own Words

By Steven Trader

Marking the decade anniversary of the Obergefell opinion, Law360 asked the attorneys who argued the case at the Supreme Court what it was like being at the center of such a monumental case, how a ruling favoring same-sex marriage changed the legal landscape over the past decade, and the remaining legal appetite to overturn it.

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Kirkland Stops Repping Novartis After Regeneron Sought DQ

By Bryan Koenig

A New York federal judge accepted the withdrawal Thursday of the entire Kirkland & Ellis LLP team that recently joined Novartis Pharma's legal team battling antitrust allegations over the eye medication Eylea, just a week after plaintiff Regeneron Pharmaceuticals sought their disqualification over an "unthinkable" conflict of interest by the lawyers, whose firm previously represented Regeneron.

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Justices Say SC Medicaid Patient Can't Sue To Pick Provider

By Dan McKay and Mark Payne

The U.S. Supreme Court on Thursday ruled that a patient can't challenge South Carolina's decision to kick Planned Parenthood from the state Medicaid program because it includes abortions among its services.

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Justices Allow Texas Death Row Inmate's DNA Suit

By Marco Poggio

The U.S. Supreme Court on Thursday said a Texas death row inmate can sue state officials in federal court to try to obtain post-conviction DNA testing, a decision that could open the door to broader challenges to how Texas provides access to forensic evidence after conviction.

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Trump 2.0's First Group Of Judicial Noms Goes To Full Senate

By Courtney Bubl茅

The first batch of judicial nominations from President Donald Trump's second term were sent to the Senate floor on Thursday, as they were voted out of committee along party lines.

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Justices Say DHS Orders Final In Withholding-Removal Cases

By Britain Eakin

The U.S. Supreme Court held Thursday that the 30-day statutory deadline for challenging deportation orders in withholding of removal cases starts when the U.S. Department of Homeland Security issues a final administrative review order, not when Board of Immigration Appeals proceedings conclude.

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Ex-Trump Atty Chesebro Disbarred In NY For Fake Elector Plot

By Gina Kim

President Donald Trump's former attorney Kenneth Chesebro, the so-called "architect" in the plot to use fake electors to overturn Georgia's 2020 election results, has been disbarred from practicing law in the state of New York, according to a unanimous decision issued on Thursday.

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Fla. Lawyers Suspended For Online Criticism Of Judge

By David Minsky

Florida's high court on Thursday approved a one-month suspension for a father-daughter team of attorneys for their online comments criticizing a judge who reversed a $2.75 million jury verdict in favor of a doctor who sued for discrimination, finding that there were also mitigating factors in the attorneys' cases.

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Judge Known For Financial Education Advocacy To Retire

By Madison Arnold

U.S. Bankruptcy Judge Laurel M. Isicoff, who has spent her career promoting financial literacy as a way to avoid financial insolvency, will retire next May after 20 years on the bench in the Southern District of Florida, the Eleventh Circuit confirmed Thursday.

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Brief

New FCC Republican Names Key Legal Staff

By Christopher Cole

Commissioner Olivia Trusty, who was sworn in this week as the newest member of the Federal Communications Commission, announced the hiring of several top aides Thursday.

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