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Department of Justice (DOJ) Appeals

Troutman Pepper Locke

Indian Tribe Fights With ATF Over Applicability of PACT Act to Its Cigarette Sales

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In 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) placed Twenty-Nine Palms Band of Mission Indians (Twenty-Nine Palms), a federally recognized Indian tribe that sells cigarettes on sovereign reservations...more

Farella Braun + Martel LLP

Trusting the Department of Justice, Alexis Loeb

The Supreme Court’s recent opinion in Trump v. CASA (the birthright citizenship case) contrasts with two of its opinions from a year ago, Fischer v. United States and Snyder v. United States, in at least the following way:...more

Wiley Rein LLP

Supreme Court Takes Up Cox Communications Copyright Infringement Case

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On June 30, 2025, the U.S. Supreme Court agreed to hear an appeal in Cox Communications, Inc. v. Sony Music Entertainment, setting the stage for the high court to define copyright infringement liability for internet service...more

Mintz

Dodging Duties: The Ninth Circuit Affirms an Expansive Application of the False Claims Act Consistent with Trump Administration...

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On June 23, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a district court judgment in a case in which the jury found the defendant knowingly made false statements on customs forms to avoid paying...more

Troutman Pepper Locke

Conviction in Insider Trading Case Brings New Attention to 10b5-1 Plans

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On June 23, the U.S. Department of Justice announced that Terren Scott Peizer, founder of Ontrak Inc., a Miami-based publicly traded health care company, has been sentenced to three and one half years in prison by a...more

Cozen O'Connor

7th Circuit Upholds Criminal Convictions Under OSHA

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A recent case in the 7th Circuit, upholding the criminal convictions of two supervisors based on their falsification of health and safety records, serves as an important reminder that although uncommon, the Occupational...more

Perkins Coie

US Supreme Court’s Esteras Ruling on Factoring “Retribution” Into Supervised Release Decisions Will Likely Have Limited Practical...

Perkins Coie on

The Supreme Court of the United States’ decision last week in Esteras v. United States restricted the factors lower courts may consider in imposing prison sentences following supervised release revocations. Those awaiting the...more

Axinn, Veltrop & Harkrider LLP

Keeping an Eye on the Ball: America First Antitrust Weighs in on the “Uniquely American System of Scholar Athletics”

Tennessee basketball player Zakai Zeigler has appealed the district court’s denial of his bid to secure a preliminary injunction against the NCAA’s “Four-Seasons Rule.” We will be closely following what the Sixth Circuit...more

Wiley Rein LLP

Federal Judge Blocks NIH Grant Cuts, Rejecting DOJ’s Claims of Unlawful Discrimination

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WHAT: A Massachusetts federal judge blocked the National Institutes of Health (NIH) from cutting hundreds of programs that provide grants to universities, hospitals, and other organizations. The judge found that NIH offered...more

A&O Shearman

Supreme Court Declines To Hear Constitutional Challenge To FINRA’s Enforcement Powers

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On June 2, 2025, the U.S. Supreme Court declined to hear a challenge brought by a member firm against the enforcement power given to the Financial Industry Regulatory Authority (“FINRA”). The Court’s decision to turn away...more

A&O Shearman

Supreme Court Decision Endorses Fraudulent-Inducement Theory Under Federal Wire Fraud Statute, Resolving Circuit Split And...

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On May 22, 2025, in a significant decision that clarifies the scope of the federal wire fraud statute and resolves a circuit split, the U.S. Supreme Court upheld a pair of wire fraud convictions that had been premised on a...more

Steptoe & Johnson PLLC

Trump Executive Order Takes Aim at Disparate-Impact Liability

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On April 23, President Donald Trump issued Executive Order 14281 (EO), “Restoring Equality of Opportunity and Meritocracy,” 90 FR 17537, 2025 WL 1207532. The EO takes aim at disparate-impact liability, which the EO says...more

Fisher Phillips

Federal Appeals Court Upholds Criminal Convictions After OSHA Inspection: What Employers Must Know to Avoid Jail Time

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A federal court of appeals just upheld the convictions of two workplace managers after an OSHA inspection quickly evolved into a criminal prosecution. The U.S. Court of Appeals for the 7th Circuit offered a stark warning to...more

Gray Reed

Appeals Court Keeps Trump’s Tariffs in Place—What’s Next for U.S. Trade Policy?

Gray Reed on

The ongoing legal battle over President Trump’s tariffs has taken another not completely unexpected turn, as a federal appeals court has decided to keep the tariffs in effect—at least for now. This decision comes amid a...more

Akin Gump Strauss Hauer & Feld LLP

No Appeal of LDT Decision Means Ball Is Back in FDA’s Court for Policy Clarification

Over the weekend, the Department of Justice (DOJ) did not file an appeal of the U.S. District Court for the Eastern District of Texas’ decision to vacate and set aside the agency’s final rule on the regulation of laboratory...more

Seyfarth Shaw LLP

The Week in Weed: June 2025

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Texas is the center of gravity in the hemp world. The First Circuit rules against cannabis businesses. ...more

Carlton Fields

U.S. Supreme Court Denies Alpine’s Petition Challenging Constitutionality of FINRA Enforcement Proceedings

Carlton Fields on

On June 2, 2025, the U.S. Supreme Court denied a petition for writ of certiorari filed by Alpine Securities Corp. in Alpine Securities Corp. v. Financial Industry Regulatory Authority. In doing so, the Supreme Court declined...more

Cooley LLP

US Supreme Court Upholds Wire Fraud Convictions, Says Economic Loss Not Required

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When an executive learns that she is being investigated for fraud, her first reaction often is: “But I didn’t intend for anyone to lose money!” This entirely understandable response may well be true (and lead the executive to...more

Perkins Coie

Supreme Court Upholds Fraudulent Inducement Theory of Wire Fraud

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On May 22, 2025, the Supreme Court of the United States affirmed prosecutors’ ability to pursue mail and wire fraud charges under the “fraudulent inducement” theory. Under that theory, a defendant need not intend to cause...more

Sheppard Mullin Richter & Hampton LLP

Federal Court Strikes Down IEEPA Tariffs

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) unanimously struck down the extensive tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA). The...more

Ice Miller

Court of International Trade Issues Surprise Ruling on Trump Tariffs: What You Need to Know

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On Wednesday, May 28, 2025, and Thursday, May 29, 2025, three significant court actions impacted the tariff and trade landscape....more

Miles & Stockbridge P.C.

Federal Trade Court Strikes Down Bulk of Trump Tariffs

A three-judge panel of the United States Court of International Trade late Wednesday afternoon struck down the reciprocal tariffs imposed last month by the Trump administration....more

Arnall Golden Gregory LLP

Government Investigations Team Insights - May 2025

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Ballard Spahr LLP

DOJ lawyers, National Treasury Employees Union attorney square off in appeals court over CFPB firings

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Despite massive attempted layoffs and cancellation of third-party vendor contracts, the Trump Administration did not and does not intend to shut down the CFPB, a Justice Department attorney told a federal appeals court on...more

Wiley Rein LLP

Closing the FARA Retroactive Registration Loophole

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Earlier this month, and following a string of recent bills introduced to reform the Foreign Agents Registration Act (FARA), Representative Ben Cline (R-VA) introduced the Foreign Agents Transparency Act (“Transparency Act”)...more

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