Jurors in Donald Trump's criminal hush money trial ended their first day of deliberations Wednesday without a verdict, as the panel appeared to home in on testimony about a key 2015 meeting where the alleged scheme was hatched.
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THURSDAY, MAY 30, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

NY Jury Eyes Trump Tower 'Conspiracy' As Deliberations Start

By Frank G. Runyeon, Rachel Scharf and Stewart Bishop

Jurors in Donald Trump's criminal hush money trial ended their first day of deliberations Wednesday without a verdict, as the panel appeared to home in on testimony about a key 2015 meeting where the alleged scheme was hatched.

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Interview

Acting Boston US Atty Says Fraud Cases Still High Priority

By Julie Manganis

Prosecuting a range of fraud cases despite finite resources will remain a priority for Massachusetts acting U.S. Attorney Joshua Levy as he enters his second year in the job, he told reporters on Wednesday in a question and answer session at his office.

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11th Circ. Backs SEC Win In Trader's Challenge To 'Dealer' Tag

By Katryna Perera

An Eleventh Circuit panel on Wednesday affirmed the U.S. Securities and Exchange Commission's win in a suit accusing a microcap stock trader of earning $21.5 million while operating as an unregistered dealer, further solidifying the regulator's argument that so-called toxic lenders are considered unregistered dealers.

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Alito Won't Recuse From Jan. 6 Cases Over Flag Controversy

By Katie Buehler

U.S. Supreme Court Justice Samuel Alito announced Wednesday that he will not recuse himself from deciding cases related to the Jan. 6, 2021, riot at the U.S. Capitol or former President Donald Trump's criminal immunity following reports that two flags used by protesters of Trump's 2020 election loss were flown outside his houses.

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FDA Sued Over Controversial Lab Test Rule

By Mark Payne

A clinical lab trade group that has been highly critical of the U.S. Food and Drug Administration's new final rule on laboratory-developed tests filed a lawsuit late Wednesday, saying the agency doesn't have the authority to regulate the tests as medical devices.

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Texas Judge Bans Using $1.4B Border Wall Funds For Repairs

By Alyssa Aquino

A Texas federal judge on Wednesday permanently blocked the White House from using $1.4 billion of border wall construction funding for barrier repair, rejecting requests from landowners, contractors and environmental groups to reconsider the scope of the ban.

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TikTok Ban Gets Expedited Sept. Hearing Date At DC Circ.

By Gina Kim

The D.C. Circuit on Tuesday agreed to expedite the briefing schedule for a constitutional challenge against a federal law banning TikTok from the United States unless it severs its ties with its Chinese parent company, ByteDance Ltd., with oral arguments set to be heard this fall. 

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NC House Advances Bill To Let Attys Expunge Ethics Records

By Travis Bland

The North Carolina House of Representatives on Tuesday voted in favor of a bill that would allow attorneys to clear certain disciplinary records, putting the proposal one step closer to becoming law.

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ELECTION FIGHTS

Colo. Suspends Ex-Trump Atty For Aiding Ga. Election Lies

By Thy Vo

A Colorado disciplinary judge has suspended Jenna Lynn Ellis from practicing law in the state for three years over her guilty plea in a Georgia election interference case, after the former attorney and legal adviser to Donald Trump disavowed her actions in a letter that admitted, "I was wrong."

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Ga. Elections Board Member Sues Over Record Access

By Kelcey Caulder

A Republican member of Georgia's Fulton County Board of Registration and Elections has filed a lawsuit alleging that the board and the county's elections director are preventing her from performing her duties by denying her access to election records and processes.

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BANKING & SECURITIES

5th Circ. Stays Transfer Of Suit Over CFPB's Late Fee Rule

By Jon Hill

The Fifth Circuit on Wednesday halted the transfer of a banking industry lawsuit against the Consumer Financial Protection Bureau's $8 credit card late fee rule, again intervening in the case less than a day after a Texas federal judge ordered it sent to Washington, D.C., for a second time.

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Treasury Details Which Tech Would Get Clean Energy Credits

By David van den Berg

Treasury released proposed rules Wednesday outlining which technologies would qualify for new zero-emission energy tax credits, saying wind, solar and geothermal are among those that would make the cut.

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PJM Watchdog Challenges FERC's Meeting Roadblock

By Jared Foretek

Monitoring Analytics, the independent market monitor for regional transmission organization PJM Interconnection, is asking the D.C. Circuit to review a Federal Energy Regulatory Commission order from March allowing PJM to keep the monitor out of its liaison committee meetings.

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ENERGY & ENVIRONMENTAL

Neoprene Co. Calls EPA Rule Deadline 'Surprise Switcharoo'

By Juan-Carlos Rodriguez

A Louisiana-based neoprene manufacturer is asking the D.C. Circuit to immediately block the U.S. Environmental Protection Agency from enforcing a chemical emissions rule that will directly impact the company.

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South Baltimore Citizens Call On EPA For Incinerator Relief

By MJ Koo

Baltimore has turned a blind eye to South Baltimore residents suffering from respiratory diseases and persistently urging the city to transition away from Maryland's largest trash incinerator to zero-waste infrastructure for dealing with refuse, two environmental groups and a residents group say in an administrative complaint Wednesday.

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EPA Inspector General Decries Lack Of Funding To Congress

By Madeline Lyskawa

U.S. Environmental Protection Agency Inspector General Sean W. O'Donnell expressed concern over his office's lack of funding in a report to Congress on Wednesday, saying the 2024 budget is lower than it was 13 years ago, despite increased oversight responsibilities and personnel costs.

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SPORTS & BETTING

MGM Gambler's Missing $3M Heads To Mich. Supreme Court

By Thy Vo

The Michigan Supreme Court said Wednesday it will consider whether a state law governing online gambling preempts a woman's lawsuit claiming MGM's online betting arm refused to pay her $3.2 million in winnings from online roulette, after the casino said the payout was a mistake.

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MEDIA & ENTERTAINMENT

New Colo. Law Targets AI Deepfakes In Political Ads

By Daniel Ducassi

Colorado Gov. Jared Polis has signed a bill that aims to crack down on the malicious use of artificial intelligence for producing political messaging.

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CNN Tells 11th Circ. Trump Defamation Claims Fall Flat

By Madeline Lyskawa

CNN called on the Eleventh Circuit to reject former President Donald Trump's attempt to revive his $475 million defamation suit against the network, arguing that its use of the phrase "big lie" to describe his claim that the 2020 presidential election was stolen "does not convey Trump is Hitler."

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News Orgs. Say State 'Eclipsing' Honesty In Uvalde Doc Row

By Catherine Marfin

A coalition of news outlets led by the Texas Tribune told an appeals court Tuesday that the state's request to seal its appellate brief in a long-running dispute over records related to the 2022 mass shooting at Robb Elementary School in Uvalde is an attempt by law enforcement to "eclipse" transparency into the tragedy.

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EMPLOYMENT & BENEFITS

Benefits Trade Group Urges Changes To New York PBM Regs

By Kellie Mejdrich

A trade group representing large employers who sponsor employee benefit plans warned New York's insurance regulator that a proposal affecting pharmacy benefit managers — which act as intermediaries between pharmacies, drugmakers and insurers — will trigger litigation without changes before they're finalized to eliminate conflicts with federal benefits law.

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COMPETITION

Handbag Cos. Seek FTC In-House Delay For Fed. Court Row

By Bryan Koenig

Tapestry and Capri are asking the Federal Trade Commission to delay an in-house challenge to the planned $8.5 billion merger combining the parent companies of Coach and Michael Kors, arguing the FTC's separate request for a preliminary injunction in New York federal court should take precedence.

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PERSONAL INJURY & MEDICAL MALPRACTICE

AP Urges Toss Of Suit Alleging It Helped Hamas Attack Israel

By David Minsky

The Associated Press has urged a Florida federal court to toss a lawsuit alleging that it aided the attack on Israel last year by publishing pictures taken by freelancers affiliated with Hamas, saying there is no legal basis to hold the news organization liable for aiding terrorism.

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NC State Is Blocking Probe Of PCBs In Building, Court Told

By Travis Bland

North Carolina State University is trying to exploit the judicial process in order to destroy evidence of building contamination, a cancer-stricken professor told a state appeals court Tuesday in a bid to advance plans for a carcinogen inspection.

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2nd Circ. Unsure If Error Kept Murder Exonerees' Case Alive

By Brian Steele

A Second Circuit judge expressed doubt Wednesday that a lower court erred in declining to grant qualified immunity to two Connecticut police officers whose actions allegedly contributed to the wrongful convictions of two men for a 1985 murder, noting that a key piece of evidence challenging prosecutors' theory remains shrouded in mystery.

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AEROSPACE & DEFENSE

House Judiciary Leaders Seek Briefing On FISA Court Access

By Courtney Bublé

The top Republican and Democrat on the U.S. House Judiciary Committee are looking for an update on a request by members of Congress for access to the secretive proceedings of the court that hears matters on the controversial warrantless foreign surveillance law.

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FCC Chief Floats Plan To Cut Down On Orbital Satellite Debris

By Christopher Cole

The Federal Communications Commission's chair proposed new rules Wednesday aiming to reduce the chances of spacecraft explosions that leave debris in orbit.

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INTERNATIONAL TRADE

Commerce Readies 250% Duty For Cambodian Paper Bags

By Rae Ann Varona

The U.S. Department of Commerce determined a nearly 250% final anti-dumping duty rate for certain Cambodia-origin paper shopping bags, saying a company hindered the department's probe into whether the bags were hurting the U.S. through unfairly priced imports.

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TAX

Three EU Countries Urge Tax Reform To Boost Investment

By Bengt Ljung

Three smaller European Union countries, Austria, Croatia and Slovenia, are backing tax reforms in the 27-country bloc to support investment in capital markets, including exemptions from capital gains tax for long-term retail investment products, according to a joint declaration.

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Colo. Creates Tax Credit For Creative Industries Infrastructure

By Sanjay Talwani

Colorado established a state income tax credit for capital improvement projects that support creative industries, under legislation signed by Gov. Jared Polis.

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Kansas Gov. Sets June Special Session On Taxes

By Sanjay Talwani

The Republican-led Kansas Legislature will meet in a special session June 18 to consider tax relief legislation, the state's governor said Wednesday, calling for compromise following her veto of a bill to reduce income tax rates.

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BANKRUPTCY

Non-Atty Advice To Debtors Is Unprotected, 2nd Circ. Told

By Andrea Keckley

New York urged the Second Circuit on Wednesday to find that stopping a nonprofit focused on bankruptcy education and the South Bronx pastor it's working with from advising low-income debtors represents a content-neutral regulation on who can practice law that does not violate the First Amendment.

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IMMIGRATION

Judge Says Texas Can't Relitigate DHS Parole Program

By Britain Eakin

A Texas federal judge won't reconsider a March decision dismissing the Lone Star State's challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela, saying Texas is trying to relitigate the court's conclusion that it lacks standing.

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Feds, Dreamers Tell 5th Circ. That Fight For DACA Isn't Over

By Rae Ann Varona

The Biden administration and recipients of the Deferred Action for Childhood Arrivals program urged the Fifth Circuit to reverse an order that held the program unlawful, saying the program has a chance of surviving in light of recent U.S. Supreme Court rulings.

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Iowa Immigration Law Challengers Want Identities Kept Secret

By Rae Ann Varona

Two women using pseudonyms to challenge an Iowa law empowering state officials to deport certain immigrants resisted the state attorney general's efforts to publicly identify them, saying they fear the threat of removal as well as persecution from anti-immigrant extremists.

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WHITE COLLAR

Menendez Trial Judge Sticks With Order Barring Texts

By Carla Baranauckas

The federal judge presiding over the corruption trial of U.S. Sen. Robert Menendez announced Wednesday that he is holding firm to his decision barring prosecutors from using text messages to bolster their claims that the New Jersey Democrat took bribes in exchange for authorizing millions of dollars in aid for Egypt.

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House Ethics Committee To Probe Indicted Rep. Cuellar

By Courtney Bublé

The House Ethics Committee announced on Wednesday that it has formed a subcommittee to investigate activities of Rep. Henry Cuellar, D-Texas, who was recently charged with accepting bribes from entities in Azerbaijan and Mexico in exchange for political favors.

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NATIVE AMERICAN

NLRB Wants Subpoenas Enforced In Calif. Tribal Casino Row

By Beverly Banks

The National Labor Relations Board has gone to federal court to enforce its subpoenas seeking a list of casino workers in a proposed bargaining unit, saying the refusals of a California tribe and a gaming company to provide the information are impeding an agency investigation.

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ND Lawmakers Oppose High Court Review In Subpoena Row

By Ali Sullivan

Two North Dakota tribes' effort to toss an Eighth Circuit ruling voiding subpoenas on state lawmakers as part of Voting Rights Act litigation isn't worthy of U.S. Supreme Court review, the North Dakota State Legislative Assembly said Wednesday in urging the high court not to take up the case.

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Navajo President Denies VP's Claims Of Sexual Misconduct

By Crystal Owens

Navajo Nation President Buu Nygren, while denying allegations by Vice President Richelle Montoya of sexual harassment, bullying and mistreatment, said he intends to ask the tribe's council for workplace policies and procedures for the top offices, arguing that he's well aware that women within the country's largest reservation feel unheard.

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TELECOMMUNICATIONS

Interview

6 Questions For FCC Commissioner Anna Gomez

By Christopher Cole

A year after she was nominated for the Federal Communications Commission's third Democratic seat, Anna Gomez says she's steadily progressing toward goals tied to connectivity, innovation, public safety and media localism in what she calls the "best job I've had in my career."

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Fire Chiefs Want FirstNet In Charge Of Revamped 4.9 GHz

By Nadia Dreid

Firefighters across the country want the Federal Communications Commission to know that they're in favor of the agency's plan to turn the revamped 4.9-gigahertz public safety band over to a single, nationwide manager.

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CANNABIS

Pot Co. Must Face Calif. City's Counterclaims In License Battle

By Jonathan Capriel

A California cannabis company and entrepreneur can't escape counterclaims that they failed to pay fees associated with a commercial license to sell in the city of Baldwin Park — the same municipality whose officials they claim helped swindle him out of nearly $1 million — a federal judge ruled Tuesday.

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EXPERT ANALYSIS

Cos. Must Stay On Alert With Joint Employer Rule In Flux

While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

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Opinion

NY Should Pass Litigation Funding Bill To Protect Plaintiffs

New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.

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Fintech Compliance Amid Regulatory Focus On Sensitive Data

The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.

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Opinion

Del. Needs To Urgently Pass Post-Moelis Corporate Law Bill

After the Delaware Chancery Court's decision in West Palm Beach Firefighters' Pension v. Moelis sparked confusion around governance rights, recently proposed amendments to the Delaware General Corporation Law would preserve the state's predictable corporate governance system, says Lawrence Hamermesh at Widener University Delaware Law School.

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Series

Playing Music Makes Me A Better Lawyer

My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

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LEGAL INDUSTRY

More Law Firms Are Relocating, Signing New Leases In 2024

By Dorothy Atkins

More law firms have relocated or renewed their office leases in the first quarter of 2024 than during the same period over the last four years, continuing a post-pandemic trend that began late last year as more firms made moves, according to a recent report by real-estate services company Savills.

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Greenberg Traurig Gets 30-Year Tax Break From Saudi Arabia

By Tracey Read

Greenberg Traurig LLP is among the first law firms to get licensed as a regional headquarters, or RHQ, company in Saudi Arabia, allowing the firm to take advantage of a major tax break, the firm announced Tuesday.

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From Virtual Roots, Husch Blackwell To Grow Nashville Office

By Aebra Coe

After hiring eight attorneys based in Nashville, Tennessee, through its fully remote Link office over the past year, Husch Blackwell announced plans Wednesday to open a brick-and-mortar location in the city, to be led by intellectual property partner Tim Capria.

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Coverage Recap: Day 1 Of Deliberations In Trump's NY Trial

By Stewart Bishop

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from the first day of deliberations Wednesday.

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Wash. Man Charged With Threatening To Kill Judge

By Madison Arnold

A Washington man is charged with intimidating a judge on allegations he threatened to kill Asotin County Superior Court Judge Brooke Burns, as well as her dog, Motley, after she oversaw his guilty plea to charges alleging he made threats to shoot up an elementary school and a county fair parade.

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Quinn Emanuel Atty Ducks Sanctions Over Musk Deposition

By Jake Maher

Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro beat an attempt to sanction him for alleged "astonishingly unprofessional" conduct at a deposition while defending billionaire and investor Elon Musk from a defamation suit in Texas state court, but the suit survived a motion to dismiss, according to an order signed Wednesday.

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Meta's Policy On Threats List 'Sounds Nefarious,' Judge Says

By Dorothy Atkins

The California federal judge overseeing claims Meta blacklists certain adult performers questioned the social media giant's practice of keeping its list of dangerous organizations and individuals as a "living document" that changes constantly and isn't archived, saying the policy appears to destroy evidence and "sounds nefarious."

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Whistleblower Counsel Can't Get 'Exorbitant' $11.5M Fee

By Brian Dowling

A Boston federal judge slashed an "exorbitant" $11.5 million fee request made by counsel for a False Claims Act whistleblower in a case involving lab testing company Fresenius Medical Care, hammering the attorneys for inflated hourly rates, inflated time entries and a host of questionable billing practices.

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LAW FIRMS IN TODAY'S NEWS

Alan Ripka & Associates

Baker Donelson

Ballard Spahr

Barnes & Thornburg

Bass Berry

Bondurant Mixson

Bracewell LLP

Bradley Arant

Bryan Cave

Buchalter APC

Cantey Hanger

Chalmers Adams Backer

Covington & Burling

Davis Wright Tremaine LLP

Day Pitney

Dentons

Dewsnup King

Dowd Bennett

Durrell Law Group

Edwards Kirby

Farrar & Ball

Finnegan

Fraser Trebilcock

Gibbons PC

Gibson Dunn

Greenberg Traurig

Gunster Yoakley

Hassett & George

Haynes & Boone

Hogan Lovells

Holland & Knight

Husch Blackwell

Izard Kindall

Jones Day

Jones Walker

Kaufman Lieb

Kilpatrick Townsend

King & Spalding

Kirkland & Ellis

Latham & Watkins

Law Office of Bryan L. Sells

Manatt Phelps

Mark Migdal & Hayden

Mayer Brown

Milberg Coleman

Mishcon de Reya

NechelesLaw

O'Melveny & Myers

Orrick Herrington

Parsons Behle

Paul Hastings

Paul Weiss

Quinn Emanuel

Richilano Shea

Robins Kaplan

Ropes & Gray

Shackelford Bowen

Sidley Austin

Smith Porsborg

Spencer Fane

Steptoe LLP

Wachtell Lipton

Wiley Rein

Wilson Sonsini

de Castro PC

COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

American Bankers Association

American Civil Liberties Union

American Civil Liberties Union of Iowa

American Civil Liberties Union of Texas

American Clinical Laboratory Association

American Immigration Council Inc.

Associated Press

BetMGM LLC

Boyd Gaming Corp.

Brandeis University

ByteDance Ltd.

Cable News Network Inc.

Campaign Legal Center

Capri Holdings Ltd.

Cemex, S.A.B. de C.V.

Community Financial Corp.

Delaware State Bar Association

Democratic National Committee

Environmental Integrity Project

Fresenius Medical Care AG & Co. KGAA

Getty Images Holdings Inc.

Google LLC

Instagram Inc.

Institute for Justice

Jimmy Choo Ltd.

Kate Spade & Co.

MGM Grand Hotel LLC

Meta Platforms Inc.

Mexican American Legal Defense & Educational Fund

Michael Kors Holdings Ltd.

Moelis & Co.

Native American Rights Fund Inc.

North Carolina State Bar

PJM Interconnection LLC

Rite Aid Corp.

Savills Inc.

Sierra Club

Sky River Casino

States United Democracy Center

T-Mobile US Inc.

Tapestry Inc.

The ERISA Industry Committee

TikTok Inc.

Twitter Inc.

U.S. Chamber of Commerce

UNITE HERE

WIN Waste Innovations Inc.

World Acceptance Corporation

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Medicare & Medicaid Services

Colorado Secretary of State

Colorado Supreme Court

Connecticut General Assembly

Consumer Financial Protection Bureau

Council of Inspectors General on Integrity and Efficiency

Delaware Court of Chancery

European Union

Executive Office of the President

Federal Bureau of Investigation

Federal Communications Commission

Federal Energy Regulatory Commission

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

International Trade Administration

Iowa Attorney General's Office

Kansas Legislature

Manhattan District Attorney's Office

Marin County, California

Michigan Gaming Control Board

National Aeronautics and Space Administration

National Labor Relations Board

National Telecommunications and Information Administration

Navajo Nation

New Hanover County

New Jersey Attorney General's Office

New York Attorney General's Office

New York Department of Financial Services

North Dakota Legislature

Spirit Lake Tribe

Superior Court of Fulton County

Texas Attorney General's Office

Texas Department of Public Safety

Texas General Land Office

Turtle Mountain Band of Chippewa Indians

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Southern District of New York

U.S. Attorney's Office for the Southern District of Texas

U.S. Chemical Safety and Hazard Investigation Board

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Commerce

U.S. Department of Energy

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of State

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Massachusetts

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of Iowa

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Navy

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

Washington Attorney General's Office

West Virginia Public Service Commission