Feds Fight Trump-Backed Bid For Justices To Stop TikTok Ban

By Allison Grande

The Biden administration on Friday urged the U.S. Supreme Court to reject a call backed by President-elect Donald Trump to freeze the looming deadline for TikTok to divest from its Chinese parent company or face a nationwide ban, arguing that the video-sharing app's First Amendment claims continue to fall flat. 

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NY Judge To Sentence Trump Jan. 10 But Says Prison Unlikely

By Frank G. Runyeon

A New York state judge said Friday he will sentence Donald Trump on Jan. 10 after rejecting his motion to dismiss his hush money conviction in light of his status as president-elect, but suggested a prison term is highly unlikely.

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CashCall Still On Hook For $134M To CFPB, 9th Circ. Rules

By Rae Ann Varona

The Ninth Circuit on Friday affirmed a $134.1 million restitution payment CashCall Inc. owes to the Consumer Financial Protection Bureau, saying in a published opinion that the loan company's voluntary participation in a bench trial meant that it had waived a right to a jury trial.

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Calif. Panel Says PAGA Suits Always Have Individual Claims

By Irene Spezzamonte

A delivery worker's individual claims against Target's shipping partner under California's Private Attorneys General Act belong in arbitration, a state appellate panel said, disagreeing with a trial court's decision that her suit only had representative claims.

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Split NC Panel Says Video Sweepstakes Games Are Unlawful

By Ryan Harroff

A split North Carolina appellate panel has ruled that a company's video sweepstakes kiosks violate state prohibitions on luck-based gambling and that a lower court should have allowed regulators to take the machines out of service.

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NY Org. Settles, Churchill Downs Still In Horse Racing Fee Suit

By David Steele

The New York Racing Association has settled its portion of a federal suit accusing the Horseracing Integrity and Safety Authority of imposing illegal and unconstitutional fees on racetrack operators, while Churchill Downs remains in the court fight against the federally sanctioned private organization.

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Biden Honors Del. Jurist For Role In Brown V. Board Ruling

By Jeff Montgomery

President Joe Biden issued a top civilian award, posthumously, to former Chancellor Collins J. Seitz of Delaware Chancery Court, father of the state's current chief justice, for his role in decisions woven into the U.S. Supreme Court's landmark 1954 Brown v. Board of Education ruling.

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Pa. Court Says State Can Bar Compromised Voting Machines

By Matthew Santoni

Pennsylvania's top election official had the power to rescind Fulton County's permission to use its Dominion electronic voting machines, after county officials allowed third parties to inspect them following the 2020 election, a state appellate court has ruled.

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States Debate High Court Solution To Election Map Catch-22

By Katie Buehler

Louisiana has implored the U.S. Supreme Court to decisively resolve litigation over its federal election map in one of three ways, suggesting the justices could toss the case on standing, decide the merits, or, preferably, find that federal courts have no role in refereeing redistricting disputes.

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GOP Defends FEC Discretion To Ax Campaign Finance Cases

By Ali Sullivan

The GOP is backing the Federal Election Commission's bid to preserve a line of D.C. Circuit cases barring judges from second-guessing the commission's refusal to take enforcement actions, urging the en banc appeals court to safeguard "the careful, conscious congressional plan for the agency."

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Brief

Conn. Politician's Jail Dates Loom In Ballot Fraud Case

By Brian Steele

A Connecticut ex-politician will be allowed to self-surrender for three upcoming weekends behind bars in Rhode Island after he admitted to running a ballot fraud scheme, a federal judge has ruled ahead of the first report-to-jail date, Jan. 10.

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CFPB Flags Concerns About Workplace Collections Calls

By Jon Hill

The Consumer Financial Protection Bureau has urged federal and state counterparts to "be on the lookout" for companies that call people at work in pursuit of past due debts, a practice the agency said can be unlawful and may need further legislative attention.

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Student Loan Servicer Gets CFPB Deal Paused Amid Appeal

By Matthew Santoni

Student-loan servicer Pennsylvania Higher Education Assistance Agency can pause its work on fulfilling a settlement with the Consumer Financial Protection Bureau while an appeal to the Third Circuit of an "intertwined" settlement with the loan holders plays out, a federal judge ruled Friday.

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FDIC 'Pause' Letters Focused On Banks' Crypto Activity

By Aislinn Keely

The Federal Deposit Insurance Corporation directed banks to pause the development of certain crypto products and services in 2022 but stopped short of scrutinizing banks' decisions to provide traditional services to crypto-focused customers, according to documents released by the regulator on Friday.

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Treasury Unveils Flexible Final Regs For Hydrogen Tax Credit

By Kat Lucero

The U.S. Treasury Department released final rules Friday for hydrogen production tax credits that allow fuel produced using nuclear-generated electricity or methane to qualify for the incentive, making the regulations more flexible than what was proposed last year.

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3rd Circ. Won't Hit Brakes On NY Congestion Toll Launch

By Carla Baranauckas

New York City's highly litigated congestion pricing toll program began Sunday morning after the Third Circuit denied an emergency motion for an injunction to delay it while an appeal by the state of New Jersey unfolds.

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Boeing, DOJ Say No Agreement Yet For Revised 737 Max Plea

By Lauren Berg

The Boeing Co. and the U.S. Department of Justice told a Texas federal judge Friday they have not yet reached an agreement on how to revise the aircraft manufacturer's plea agreement in the 737 Max criminal conspiracy case, after the judge last month rejected the initial deal.

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Calif. Captive Audience Meeting Ban Hit With Legal Challenge

By Rachel Scharf

Two California business groups have filed a lawsuit challenging the state's new ban on so-called captive audience meetings, saying the statute is preempted by federal law and interferes with companies' constitutional rights to express their views on unionization.

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FTC Dems Eye Merger Review, Noncompete Legacy

By Bryan Koenig

Federal Trade Commission Democrats started the new year with legacy on the brain, urging the soon-to-be Republican majority in a pair of statements to preserve their more "stringent approach" to merger review and their currently blocked ban on employment noncompete agreements, despite heavy criticism both received from their GOP peers.

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4th Circ. Won't Revive Bias Suit Over SBA Small Biz Program

By Hayley Fowler

A disabled veteran's constitutional challenge to a Small Business Administration contracting program over racial bias concerns must fail because the veteran didn't actually qualify for the program, the Fourth Circuit ruled Friday.

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Honeygrow Accused Of Taxing Bottled Water At Pa. Location

By P.J. D'Annunzio

Philadelphia-based restaurant chain Honeygrow unjustly profited from charging 6% sales tax for bottled water at one of its locations in violation of Pennsylvania law, a new class action lawsuit filed in state court alleged.

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Menendez Cites 'Good Deeds' In Bid To Avoid Prison

By Elliot Weld

Former U.S. Sen. Bob Menendez has asked a Manhattan federal judge not to sentence him to prison after he was convicted of bribery and corruption in July, saying a "lifetime of good deeds and good character" and a low likelihood of future offenses merit leniency.

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George Santos Wants Fraud Sentencing Delayed For Podcast

By Rae Ann Varona

Expelled U.S. Rep. George Santos on Friday urged a New York federal judge to delay sentencing in his federal fraud case for six months, saying he needs time to earn money through his new "Pants On Fire" weekly gossip podcast to pay roughly $580,000 owed in restitution and forfeiture.

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Biden Signs Bill To Stop Convicted Lawmakers' Pensions

By Courtney Bublé

President Joe Biden has signed a law that would close a "loophole" to prevent former members of Congress convicted of certain crimes from receiving pensions during their appeals process.

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Ore., Calif. Tribes Can't Stop Casino Project

By Crystal Owens

A D.C. federal district court judge denied a bid by three tribes to block the U.S. Department of the Interior from issuing a determination that would greenlight a casino project in Oregon, saying the environmental impact statement for the endeavor does not constitute a final agency action.

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Calif. Tribes Sue Casino Card Rooms Under New Law

By Joyce Hanson

Seven California tribes are taking advantage of a new state law that prohibits games in card rooms to sue a slew of private casinos, accusing them of brazenly profiting from illegal gambling.

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Wash. City Fights Order To Keep ER Tribal Shelter Open

By Crystal Owens

The city of Toppenish, Washington, is asking a federal district court to withdraw an order allowing the Confederated Tribes and Bands of the Yakama Nation to operate a 24-hour emergency shelter, arguing that the criminal nature of regulations governing the facility preclude the tribe's arguments on the present situation.

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FCC Says Cash On Way Soon For 'Rip And Replace'

By Jared Foretek

The Federal Communications Commission says the additional $3.08 billion for its "rip and replace" program to get Chinese telecommunications equipment out of the nation's networks is on its way and will soon close a wide gap between what was originally allocated for the program and what telecoms say they need.

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FCC Republicans Slam Marketplace Report As Falling Short

By Christopher Cole

Republicans who are set to take control of the Federal Communications Commission blasted an agency report on the state of the communications marketplace, saying it fails to take into account the convergence of various broadband technologies.

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FCC Hits Broadband Co. With $56K Fine For Default

By Christopher Cole

The Federal Communications Commission has ordered an Illinois broadband provider to shell out more than $56,000 for allegedly defaulting on obligations under a federal program to expand high-speed internet service in unserved regions.

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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

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FTC Focus: A Changing Of The Guard

While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.

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Opinion

3 New Year's Resolutions For Antitrust Agencies To Consider

James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.

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Bonus Spotlight

Holland & Knight Matches BigLaw Bonuses In Major Markets

By Anna Sanders

Holland & Knight LLP announced associates in major U.S. markets will receive year-end and special bonuses matching those given by other BigLaw firms, with attorneys working in regional offices making smaller figures, according to a report.

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Withers Brings On 8-Atty Trusts And Estates Boutique In LA

By Emily Johnson

International law firm Withers has expanded its Los Angeles office by absorbing the eight-attorney boutique Hoffman Sabban & Watenmaker, Withers announced Monday.

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Clyde & Co. Merges With Dallas Insurance Boutique

By Emily Sawicki

Clyde & Co. LLP has announced a merger with Dallas boutique Tillman Batchelor LLP, expanding the global law firm's insurance capabilities in Texas amid its ongoing growth in North America.

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Taft Hired BCLP Comms Director Ahead Of Merger

By Andrea Keckley

Once its merger with Sherman & Howard LLC became effective at the start of the new year, Taft Stettinius & Hollister LLP announced Thursday it had hired Bryan Cave Leighton Paisner's former director of communications.

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AI Chatbots Will Transform Legal Scholarship, AI Chatbot Says

By Matt Perez

Generative artificial intelligence like OpenAI's ChatGPT software will redefine legal scholarship, according to a new paper primarily produced by the chatbot.

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Ex-GMU Prof.'s Accusers Say He Can't Prove $108M Damages

By Aebra Coe

Former FTC Commissioner Joshua Wright allegedly failed to provide information to back his $108 million defamation damages claim and then walked out of a deposition, according to a Virginia court filing by two former students whom Wright sued over their statements to Law360.

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Atty Wants Free Speech Suit Over Tenn. Court Rule Kept Alive

By Jack Karp

A free speech challenge to a Middle District of Tennessee rule barring attorneys from making "any extrajudicial statements" about cases in the district should be allowed to move forward since the court is not entitled to sovereign immunity, according to the Nashville civil rights lawyer behind the suit.

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Giuliani Says Memory Faulty In Meandering NY Contempt Row

By Pete Brush

A Manhattan federal judge mulled a bid to hold Rudy Giuliani in contempt of a $148 million defamation judgment Friday, during a day of sparring in which the former New York City mayor repeatedly told counsel for two defamed Georgia poll workers that he doesn't remember case details.

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Battling Berts: Judge Enjoins Ga. Law Firm In Trademark Row

By Kelcey Caulder

A Georgia federal judge Friday temporarily barred an Atlanta-based law firm from advertising and promoting its personal injury legal services through messaging like "If You're Hurt ... Call Bert!" and "If You're Hurt, Call Bert," ruling that it is too similar to another personal injury firm's trademarked slogan.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

How to deal with diversity, climate change and artificial intelligence are the key issues giving general counsel night terrors at the start of the new year. And in Delaware, the Chancery Court is allowing a stockholder suit to move forward against Fox Corp., related to its false reports of voting fraud in 2020.

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

By Laura Stewart Liberty

This past week in London has seen Chris Eubank Jr. hit with a libel claim from a boxing promoter, a perfume boss face proceedings from his businesses following sanctions violations claims, and Israeli broadcasters file intellectual property claims against BT and Sky. Here, Law360 looks at these and other new claims in the U.K.

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