Analysis

Pushing The Envelope In Climate Law: Murder Charges

By Juan-Carlos Rodriguez

Climate change legal advocates are pointing to wildfires in Los Angeles, hurricanes in the Southeast and a regulation-averse presidential administration as evidence that local prosecutors should begin going after fossil fuel companies with criminal charges — up to and including homicide.

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Calif. Partly Beats Challenge To Climate Disclosure Laws

By Sarah Jarvis

A California federal judge has trimmed a lawsuit brought by the U.S. Chamber of Commerce and other business groups over the state's corporate climate disclosure rules, finding the groups failed to state a claim with respect to two causes of action.

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Trump Selects McKinsey CLO For Commerce Department GC

By Hailey Konnath

President Donald Trump on Monday nominated McKinsey & Co.'s Chief Legal Officer Pierre Gentin to serve as the next general counsel at the U.S. Department of Commerce, according to congressional records.

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Trump Taps GOP Senate Staffer For Treasury Bank Policy Role

By Jon Hill

President Donald Trump on Monday nominated Luke Pettit, a senior adviser to Sen. Bill Hagerty, R-Tenn., and former Federal Reserve policy analyst, to become the U.S. Department of the Treasury's top bank policy official.

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Baltimore, Advocacy Orgs. Sue Trump Over Anti-DEI Orders

By Lauren Berg

The city of Baltimore and a coalition of academic and restaurant advocacy groups hit the Trump administration with a suit Monday in Maryland federal court over the president's push to curtail diversity, equity and inclusion programs, saying his executive orders are unlawfully vague and block Congress' constitutional power of the purse.

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Calif. AG Gets $25M To Fund Legal Fights Against Trump

By Rachel Scharf

The California Legislature greenlighted a $25 million cash infusion Monday for the state attorney general's office in a strategic effort to bolster the state's legal defenses against President Donald Trump's policy agenda, including anticipated challenges to immigration and environmental regulations.

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SEC Could Greenlight Crypto Trading Under New Task Force

By Jessica Corso

The U.S. Securities and Exchange Commission's new crypto task force could bless the trading of certain tokens on nonregulated exchanges as the industry awaits agency rulemaking or legislation setting out the new rules of the road for crypto, the task force's leader said Tuesday in a statement laying out her agenda.

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Law360 Seeks Members For Its 2025 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.

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DLA Piper Partner To Testify At Cognizant Evidence Hearing

By Elliot Weld

Prosecutors told a New Jersey federal judge Tuesday that the managing partner of DLA Piper's Houston office will testify at a Feb. 18 evidentiary hearing in a criminal bribery case against two former executives of Cognizant Technology Solutions Corp., which tapped the law firm for an internal investigation into the alleged corrupt scheme in India.

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Boeing Supplier Tells 5th Circ. To Ax Texas Biz Records Law

By Madeline Lyskawa

Boeing supplier Spirit AeroSystems Inc. cited U.S. Supreme Court precedent in urging the Fifth Circuit to uphold a lower court finding that a Texas statute requiring businesses to immediately comply with the state's demand to examine business records is facially unconstitutional.

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Sens. Hawley, Sanders Pitch 10% Cap On Credit Card Rate

By Bonnie Eslinger

Sens. Josh Hawley, R-Mo., and Bernie Sanders, I-Vt., introduced bipartisan legislation Tuesday that would hold President Donald Trump to his campaign promise of a 10% credit card interest rate cap.

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FINRA Fines Broker $3.2M Over Securities Lending Biz

By Emilie Ruscoe

Broker-dealer Apex Clearing Corp. has agreed to pay the Financial Industry Regulatory Authority $3.2 million to end first-of-its-kind claims that the firm failed to abide by customer protection rules with its fully paid securities lending program, including by misrepresenting how it would compensate participants, leaving certain customers vulnerable to potential tax consequences.

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Russian Bank Can't Ditch Jet Crash Suit, 2nd Circ. Agrees

By Hailey Konnath

The Second Circuit on Tuesday agreed with a lower court's finding that Sberbank of Russia must face Anti-Terrorism Act litigation related to the 2014 downing of a commercial airliner over eastern Ukraine, rejecting the bank's argument that it's entitled to sovereign immunity.

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Wells Fargo Clears 2 More Consent Orders Amid Rehab Efforts

By Jon Hill

The Federal Reserve said Tuesday that Wells Fargo & Co. has exited a pair of mortgage-related consent orders from more than a decade ago, another step forward in the banking giant's regulatory rehabilitation efforts.

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Coinbase Taps BigLaw Firms In Bid To End Crypto 'Debanking'

By Aislinn Keely

Crypto exchange Coinbase urged regulators Tuesday to clarify that banks can offer crypto custody and execution services, submitting a letter featuring a report from three BigLaw firms asserting that federal laws and regulations already allow banks to wade further into digital asset activities.

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Robinhood Halts Super Bowl Offerings After Request By CFTC

By David Steele

Robinhood Markets' derivatives subsidiary pulled back its planned offering of Super Bowl online trading markets on Tuesday, one day after announcing the offering, saying the U.S. Commodity Futures Trading Commission requested that it stop.

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Sen. Banking Chair Sets 100-Day Dash For Crypto Legislation

By Aislinn Keely

Senate Banking Committee Chair Tim Scott, R-S.C., said Tuesday that he intends to pass crypto legislation out of his chamber in the first 100 days of the new administration with the help of a working group composed of committee chairs in both chambers of Congress.

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5th Circ. Backs Biden's Gov't Contractor Wage Hike

By Emmy Freedman

The Fifth Circuit upended on Tuesday a ruling that blocked an executive order increasing the minimum wage for federal contractors to $15 per hour, saying former President Joe Biden acted within his authority when he put forward the regulation because it was intended to promote economy and efficiency.

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China Hits US Energy Goods With Retaliatory Tariffs

By Keith Goldberg

China on Tuesday slapped tariffs on U.S. coal, crude oil and liquefied natural gas as part of its retaliation against additional tariffs on Chinese goods imposed by President Donald Trump.

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Ex-Fed Adviser Charged With Espionage Called Flight Risk

By Elliot Weld

Prosecutors told a D.C. federal judge on Tuesday that a former senior adviser to the Federal Reserve Board of Governors accused of stealing confidential data for China needs to be detained while he awaits trial due to his ample ability to flee the U.S.

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Trump Trans Care Order Usurps Congress' Power, Suit Says

By Patrick Hoff

The Trump administration overstepped when it issued an executive order cutting off gender-affirming care for people under 19, a group of transgender adolescents, young adults and their families told a Maryland federal court Tuesday, arguing the president is trying to usurp Congressional authority by forcing federally funded hospitals to discriminate.

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4th Circ. Revives FCA Suit Alleging Faked Therapy Notes

By Dan McKay

The Fourth Circuit on Monday sided with a whistleblower who accused her former employer of creating fake notes about addiction therapy sessions that never happened, finding that she had sufficiently detailed the allegations and connected the dots to defeat a motion to dismiss.

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LinkedIn Shares Users' Info With Meta And Adobe, Suit Says

By Gina Kim

LinkedIn has been hit with a proposed class action in California federal court alleging it illegally shared with Meta and Adobe personal information belonging to its LinkedIn premium subscribers who watched online training courses on its LinkedIn Learning platform without their knowledge or permission.

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Sen. Mike Lee To Head Antitrust Subcommittee

By Matthew Perlman

Sen. Mike Lee, R-Utah, a frequent critic of the Federal Trade Commission, will serve as chairman of the Senate subcommittee on antitrust and consumer protection issues, with Sen. Corey Booker, D-N.J., taking over the ranking member role.

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Apple Asks DC Circ. To Pause Google Search Case For Appeal

By Matthew Perlman

Apple has asked the D.C. Circuit to pause the remedies phase of the landmark monopolization case targeting Google's search dominance, arguing it needs to intervene to protect its contracts with Google that are worth billions of dollars each year.

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Southern Glazer's Wants FTC Unfair Pricing Suit Canned

By Bryan Koenig

Southern Glazer's asked a California federal judge Monday to dismiss the Federal Trade Commission's first price discrimination lawsuit in 25 years, arguing that even if the "mistaken economic theory" undergirding it holds true, dissents from the FTC's Republicans illustrate why the case fails anyway.

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Auto Cos., Mass. AG Make Final Case In 'Right To Repair' Fight

By Brian Dowling

The stagnated four-year battle over a Massachusetts law requiring vehicle manufacturers to provide open access to vehicle telematics software saw its final salvos Tuesday as attorneys for an automotive industry group and the state clashed over the merits of the federal preemption case.

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EPA, Interior Leaders Unveil Focus On US Energy Production

By Madeline Lyskawa

The heads of the U.S. Department of the Interior and the U.S. Environmental Protection Agency unveiled plans for their agencies that largely focus on bolstering President Donald Trump's U.S. energy dominance policy. 

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5th Circ. Asks Why EPA Stalled Denial Of Texas Ozone Plan

By Spencer Brewer

A Fifth Circuit panel pushed the U.S. Environmental Protection Agency on Tuesday to specify why it had dragged its feet before denying Texas' Clean Air Act implementation plans, asking during oral arguments how long the agency can "sit on" the plans.

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White House Lacks Authority To Issue NEPA Regs, Judge Says

By Tom Lotshaw

The White House Council on Environmental Quality has no authority to issue binding National Environmental Policy Act regulations, a North Dakota judge has ruled, scrapping challenged regulations the Biden administration had enacted.

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A Halftime Analysis Of DOJ's Compensation Pilot Program

The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.

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How Cos. Can Prepare Now For SEC E-Filing System Changes

The U.S. Securities and Exchange Commission's amendments to the Electronic Data Gathering, Analysis and Retrieval system are designed to improve access to and management of EDGAR accounts, and with the March 24 effective date fast approaching, and the transition requiring significant coordination, companies should begin planning now, say attorneys at Debevoise.

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The Tides Are Changing For Fair Access Banking Laws

The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.

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Anticipating Direction Of Cosmetics Regulation Under Trump

It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.

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Best Practices To Optimize Cybersecurity Insurance

As cyberthreats continue to evolve, the risks associated with third-party vendor breaches are an increasing concern, so businesses must not only reevaluate their internal cybersecurity insurance, but also take proactive steps to evaluate and manage the risks posed by their third-party relationships, say attorneys at Reed Smith.

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Losing A Motion To Dismiss Ruling Isn't Necessarily The End

A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.

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Imagine The Possibilities Of Openly Autistic Lawyering

Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

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Senate Confirms Pam Bondi To Be AG

By Courtney Bublé

The U.S. Senate voted 54-46 on Tuesday to confirm Pam Bondi to be attorney general.

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'Is This A Joke?' Judge Denies Atty Fees For Grocery Patrons

By Bryan Koenig

A California federal judge had so little tolerance for shoppers claiming victory and seeking attorney fees from the abandoned Kroger-Albertsons merger that in tossing their motion and underlying lawsuit he noted with incredulity, "Plaintiffs are actually making these arguments."

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Haynes Boone Adds 7-Atty Seward & Kissel Team In NY

By Christine DeRosa

Haynes Boone has grown its fund finance and securitization practices with the addition of seven attorneys from Seward & Kissel LLP, including the head of the firm's asset securitization and CLO practice group.

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Former Conn. US Attorney Returns To McCarter & English

By Christine DeRosa

Vanessa Roberts Avery, who recently stepped down as U.S. attorney for the District of Connecticut, has returned to her roots as a business litigator at McCarter & English LLP in Hartford, Connecticut.

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Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.

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DOJ Criminal Division Leader Joins White & Case's DC Shop

By Jack Rodgers

White & Case LLP announced on Tuesday it was growing its white collar team with the addition of partner Brent Wible, who told Law360 Pulse that it was time for him to step back into private practice following a five-year stint with the U.S. Department of Justice.

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Trump Picks AG Paxton Atty For Homeland Security Dept.

By Catherine Marfin

Texas Attorney General Ken Paxton's special counsel, who is also a former member of President Donald Trump's reelection campaign, has been tapped for the U.S. Department of Homeland Security, Paxton announced Tuesday.

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