• January 19, 2024

    Army Corps Escapes Ohio River Tugboat Service Suit

    An Ohio federal judge has let the U.S. Army Corps of Engineers out of a construction and asphalt company's suit over an allegedly unauthorized tugboat service on the Ohio River, writing in his opinion that the Corps is not properly a defendant just for owning the land the service is using.

  • January 18, 2024

    DOJ, 3 States Join Antitrust Suit Over NCAA's Transfer Rule

    The NCAA faces a growing list of opponents after the U.S. Department of Justice, multiple states and D.C. on Thursday joined seven other states challenging the group's rule that prevents some athletes from competing when they transfer colleges.

  • January 18, 2024

    Green Group Backs Mich. In Pipeline Challenge Venue Spat

    An environmental policy and law center is backing the Michigan attorney general in her appeal of Enbridge Energy's removal to federal court of a state lawsuit seeking to shut down a pipeline that crosses through the state's water, saying it undermines the role of states to protect their interest in natural resources.

  • January 18, 2024

    No 6th Circ. Redo For PFAS Class Targeting 3M, Others

    The Sixth Circuit will not rethink a panel's decision to vacate class certification for 11 million Ohio residents accusing 3M Co. and others of irresponsibly selling products with "forever chemicals" that put people's health at risk, according to a Thursday order stating no judge called for a rehearing vote.

  • January 18, 2024

    Mich. Docs Back Sierra Club's Detroit Smog Lawsuit

    Michigan health professionals have joined the Sierra Club in contesting a federal agency's determination that southeast Michigan's air pollution is under control, arguing in a friend-of-the-court brief this week that the decision will exacerbate already-poor respiratory health in residents of the Detroit area.  

  • January 17, 2024

    'Chaos' Warning Resonates As Justices Mull Chevron's Fate

    A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary.

  • January 17, 2024

    5 Key Takeaways From Supreme Court's Chevron Arguments

    U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies' interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could "Kisorize" the doctrine rather than doing away with it altogether.

  • January 17, 2024

    State AGs Say AI-Generated Voices Fall Under Robocall Law

    Half the states in the union have banded together to tell the Federal Communications Commission they believe making unsolicited marketing calls using voices created with artificial intelligence violates federal telemarketing law.

  • January 17, 2024

    Utah Sued Over Social Media Age Verification Law

    A group of Utah residents backed by a free speech advocacy group is suing officials in Utah over the state's new social media age verification law, saying the statute violates Utahns' First Amendment rights in a one-size-fits-all approach.

  • January 17, 2024

    Health Co. Says Ex-CEO Sought 'Loyalty Oaths,' Revenge

    Summit Orthopedic Home Care has filed a federal suit in Ohio accusing its ex-CEO and his "cronies" of using oppressive behavior to gain control over operations and then using internal knowledge of Summit's relationships to benefit his new home healthcare business.

  • January 17, 2024

    High Court Majority Shows No Eagerness To Overturn Chevron

    U.S. Supreme Court justices on Wednesday appeared split about whether decades-old precedent that favors federal agencies' legal interpretations in rulemaking infringes on judges' rightful authority to decide questions of law.

  • January 16, 2024

    6 Opinions To Read Before High Court's Chevron Arguments

    The U.S. Supreme Court will consider Wednesday whether to overturn a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes, arguments in which nearly two dozen of the justices' prior writings may be used to persuade them to toss the controversial court precedent.

  • January 16, 2024

    Windshield Repair Co. Can Fight Safelite's 'Dollar-Bill Rule'

    A Sixth Circuit panel breathed new life into a windshield repair entrepreneur's battle with Safelite on Tuesday, resurrecting the inventor's claim that Safelite drove away his customers by spreading the message that long cracks weren't safe to repair.

  • January 16, 2024

    Ohio Justices Refreeze Assets Of Indicted Ex-Utilities Chair

    The Ohio Supreme Court unraveled an appellate panel's decision Tuesday to unfreeze the assets of Samuel Randazzo, a recently indicted former state regulator and lawyer connected to the FirstEnergy Corp. bribery scandal, paving the way for the Buckeye State to secure an $8 million garnishment. 

  • January 16, 2024

    Walmart's 'Fingerprints' On Fatal Shooting, 6th Circ. Hears

    The family of a young man killed by police while he was carrying an unpackaged BB gun at Walmart urged the Sixth Circuit to revive its wrongful death claim, arguing that Ohio state court case law supports their position that the retailer should be held liable for failing to secure the gun.

  • January 16, 2024

    21 States Urge Court To Block Feds' Highway GHG Rule

    A coalition of Republican-led states asked a Kentucky federal judge to block the U.S. Department of Transportation's recently finalized Greenhouse Gas Emissions Rule, which requires all states to set declining targets for on-road carbon dioxide emissions and report them no later than Feb. 1.

  • January 12, 2024

    Ohio Hospital Seeks To End Worker's COVID-Testing Suit

    An Ohio hospital asked a federal judge on Friday to dismiss a pharmacist's suit claiming it failed to accommodate her religion when she sought exemptions from its COVID-19 testing policy, arguing she has inconsistently applied her beliefs when it comes to medical intervention, taking X-rays at the dentist and undergoing temperature screenings in the past.

  • January 12, 2024

    Judge Nixes Native Fragrance Co.'s Bid To Snuff Jury Verdict

    A Connecticut state court judge has refused to throw out a jury verdict after a Native American-controlled supplier failed to recover an alleged $8 million in damages from a fragrance manufacturer, outlining why the jury probably determined that a confusing contract existed but that no breach occurred.

  • January 12, 2024

    Up Next At High Court: Chevron Deference, Corp. Filings

    The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 12, 2024

    High Court Eyes Chevron Deference: What You Need To Know

    Will the U.S. Supreme Court overturn 40 years of doctrine telling courts to defer to federal agencies when interpreting laws? That's what is at stake Wednesday when the justices hear two cases, both from fishing companies that have asked the court to turn its back or limit the impact of the 1984 decision in Chevron v. Natural Resources Defense Council. Here, catch up with Law360's coverage of the cases brought by Loper Bright Enterprises and Relentless Inc.

  • January 12, 2024

    Justices To Decide Federal Rights Exhaustion Rule

    The U.S. Supreme Court agreed Friday to resolve lingering questions over the breadth of its previous rulings prohibiting states from requiring litigants to exhaust state administrative remedies before pursuing federal right violation claims, in a dispute over Alabama's processing of unemployment benefits claims.

  • January 12, 2024

    Justices Take Up Starbucks' NLRB Injunction Challenge

    The U.S. Supreme Court is poised to standardize the circuit courts' approach to vetting National Labor Relations Board injunction bids after accepting on Jan. 12 Starbucks' challenge to a Sixth Circuit ruling upholding an order to rehire seven fired workers.

  • January 12, 2024

    Ohio Chain Serves Similarly Named Eatery With TM Suit

    A Lebanese restaurant group based outside Cleveland filed a federal lawsuit Friday accusing a similarly named establishment outside Toledo of violating its trademarks on the "Taza" name and logo.

  • January 11, 2024

    FirstEnergy Investors Seek Damages Clarification In Cert. Row

    FirstEnergy Corp. investors asked an Ohio federal judge who certified their class claims stemming from the company's role in a high-profile bribery scandal to clarify that the court didn't assume the damages methodologies for claims under different federal securities statutes were interchangeable, as FirstEnergy has claimed in its appeal to the Sixth Circuit.

  • January 11, 2024

    Marathon Wins Fee Award For Ex-Worker's Deleted Texts

    A Colorado federal magistrate judge on Thursday awarded Marathon Petroleum nearly $13,400 in fees for time its attorneys spent trying to track down text messages deleted by a former employee suing the company for gender bias and pursuing sanctions for the evidence spoliation.

Expert Analysis

  • Autonomous Vehicles Must Navigate Patchwork Of State Regs

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    With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • The Case For Culture Assessments In Sports Programs

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    As hazing allegations against collegiate sports teams and subsequent lawsuits become more prevalent, culture assessments can be implemented as a critical tool to mitigate risks including hazing, lack of gender equity and racism in athletic programs, say attorneys at Squire Patton.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • How Attys Can Weather The Next Disaster Litigation Crisis

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    On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • What FERC-PJM Negotiations Mean For The Energy Industry

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    Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.

  • Kentucky Tax Talk: Taking Up The Dormant Commerce Clause

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    Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Corporate Compliance Lessons From FirstEnergy Scandal

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    Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.

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