Business of Law

  • November 04, 2025

    Ignore Circuits, Follow Scalia, Justices Told In Deadlines Duel

    How can a U.S. Supreme Court advocate persuade the justices to spurn the near-universal views of circuit courts? One option appeared Tuesday at arguments over deadlines to vacate judgments, as a Williams & Connolly lawyer invoked Justice Antonin Scalia's influential methods — and seemingly found a receptive audience.

  • November 04, 2025

    Bankruptcy Judge Taken Off GWG Case Amid Scandal Fallout

    The federal judge overseeing GWG Holdings' bankruptcy case has been removed because of his professional relationship with embattled former U.S. Bankruptcy Judge David R. Jones, a decision the chief bankruptcy judge attributed not to the GWG judge's "own actions," but to Jones's "abuse" of judicial authority.

  • November 04, 2025

    Hagens Berman Owes $2M Over Failed Suit, Tech Giants Say

    Amazon and Apple have told a Seattle federal judge that Hagens Berman Sobol Shapiro LLP should cover nearly $2 million in defense costs because of the firm's "misrepresentations" while litigating a lawsuit accusing the two companies of conspiring to limit device sales on the e-commerce platform.

  • November 04, 2025

    Ill. ICE Processing Facility Has 'Become A Prison,' Judge Says

    An Illinois federal judge said Tuesday that attorneys representing a proposed class of individuals detained at a U.S. Immigration and Customs Enforcement processing center in suburban Chicago had presented a "disturbing record" of the conditions at the facility that likely justifies a temporary restraining order in some form, but held off ruling until Wednesday.

  • November 04, 2025

    Squires Sets Precedent On Making AI Patent-Eligible

    U.S. Patent and Trademark Office Director John Squires on Tuesday made precedential his September declaration that an invention shouldn't be deemed unpatentable just because it involves machine learning.

  • November 04, 2025

    CFPB's Information Security 'No Longer Effective,' IG Says

    The Consumer Financial Protection Bureau's information security program has weakened under the Trump administration and is "no longer effective" amid staff departures and loss of contractor resources, according to a new inspector general report.

  • November 04, 2025

    Dechert Tracks Significant Decline In U.S. Merger Probes

    Dechert LLP's latest merger review report counted a dramatic decrease in the number of significant U.S. Department of Justice and Federal Trade Commission tie-up investigations between July and September and year-to-date, coming in at just two-thirds of the average over the last 15 years.

  • November 04, 2025

    Mass. Attys Split As Punitive Damages Rules Go To Top Court

    A case before Massachusetts' top appellate court over whether more safeguards are needed to cap runaway punitive damage awards has divided attorneys, with some saying the big-dollar verdicts can be skewed by improper evidence and others calling the matter a solution in search of a problem.

  • November 04, 2025

    End Payors Seek $66M In Atty Fees In Generic Drug MDL

    End payors in a generic drug price-fixing multidistrict litigation are seeking a Pennsylvania federal court's approval for a $66 million award of attorney fees, representing one-third of the $200 million settlement between the classes and Sun Pharmaceutical Industries Inc. and Taro Pharmaceuticals USA Inc.

  • November 04, 2025

    DOJ Ignores Court Discovery Order In Letitia James Case

    The U.S. Department of Justice has refused to provide New York Attorney General Letitia James access to documents related to her October indictment on mortgage fraud charges, arguing Tuesday that a Virginia federal judge was too early in making the discovery order.

  • November 04, 2025

    Winston & Strawn Fights 'Anti-Woke' Fintech $1.7B Crash Suit

    Winston & Strawn LLP is asking a Texas bankruptcy court to toss a lawsuit from the trustee of self-styled "anti-woke" financial technology startup GloriFi, saying that holding the law firm responsible for the company's failure would set "extraordinary and dangerous precedent."

  • November 04, 2025

    Confirmation Ends Dem-Appointed Judges' Lock On 1st Circ.

    The Senate voted 52-46 on Tuesday to confirm Joshua D. Dunlap, a partner at Pierce Atwood LLP, to the First Circuit.

  • November 04, 2025

    Dechert Requiring 4 Days In Office For Some Attys, All Staff

    Dechert LLP joined a growing list of BigLaw firms increasing their office attendance requirements, rolling out a new policy requiring rising second-year associates and all nonattorney business professionals to work in person four days a week beginning next year.   

  • November 04, 2025

    BU Law Will Start Offering AI Certificate In Fall 2026

    Boston University School of Law will begin offering a certificate in artificial intelligence for law practice in fall 2026 to prepare students for using the technology in their legal careers.

  • November 04, 2025

    Approach The Bench: Justice McKenna On Earning Her Master's

    Sabrina McKenna, acting chief justice of the Hawaii Supreme Court, had been on the bench for about three decades before she decided to go back to school to study the work of judging.

  • November 03, 2025

    Feds Defend Cases Against James Comey, Letitia James

    The U.S. Department of Justice on Monday took a swing at bids by former FBI Director James Comey and New York Attorney General Letitia James to get their indictments thrown out, telling a federal judge the appointment of interim U.S. Attorney Lindsey Halligan was valid.

  • November 03, 2025

    The Lone Ranger Facing A BigLaw Powerhouse At High Court

    It might seem curious for a solo practitioner to decline offers of professional assistance in his first U.S. Supreme Court case. It might seem risky to go it alone against a BigLaw team led by an appellate icon. But a legal lone ranger arguing Tuesday at the high court is feeling confident, and he does have a friend proofreading briefs, just to be safe.

  • November 03, 2025

    'Frankly, They're Irrelevant:' ABA Ratings In Trump's 2nd Term

    The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.

  • November 03, 2025

    DOJ Taps Hall Render Atty As UnitedHealth Merger Monitor

    The U.S. Department of Justice asked a Maryland federal judge Monday to appoint a Hall Render Killian Heath & Lyman PC shareholder as compliance monitor as part of the settlement allowing UnitedHealth Group's merger with Amedisys.

  • November 03, 2025

    OpenAI Sets Policy Against Legal, Medical Advice

    OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.

  • November 03, 2025

    Judge Reminds Gov't To Follow Media Rules In James Case

    A Virginia federal judge has reminded the parties in the government's alleged bank fraud case against New York Attorney General Letitia James not to publicly discuss grand jury proceedings after U.S. Attorney Lindsey Halligan texted with a reporter about the case in October.

  • November 03, 2025

    2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs

    When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.

  • November 03, 2025

    DC Public Defender Funding To Halt Because Of Shutdown

    Funding for public defender services in Washington, D.C., is about to run out as the government shutdown drags on, according to a recent letter from members of the D.C. Courts Joint Committee on Judicial Administration.

  • November 03, 2025

    Cannabis Cos. Allege Hinckley Allen Malpractice Cost $25M

    A group of cannabis companies have claimed that Hinckley Allen & Snyder LLP's alleged malpractice stemming from the purported decision to prioritize the personal interests of a manager in a 2017 investor suit ended up costing them over $25 million in damages.

  • November 03, 2025

    The Top In-House Hires Of October

    Legal department hires over the past month included high-profile appointments at Starbucks, Hertz and Fannie Mae. Here, Law360 Pulse looks at some of the top in-house announcements from October.

Expert Analysis

  • Attys Beware: Generative AI Can Also Hallucinate Metadata

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    In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.

  • When Atty Ethics Violations Give Rise To Causes Of Action

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    Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.

  • Series

    Practicing Stoicism Makes Me A Better Lawyer

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    Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.

  • Series

    The Biz Court Digest: Texas, One Year In

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    A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

  • Series

    Law School's Missed Lessons: Educating Your Community

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    Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.

  • 5 Crisis Lawyering Skills For An Age Of Uncertainty

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    As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.

  • Opinion

    It's Time For The Judiciary To Fix Its Cybersecurity Problem

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    After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.

  • Series

    Writing Novels Makes Me A Better Lawyer

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    Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.

  • SDNY OpenAI Order Clarifies Preservation Standards For AI

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    The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

  • Opinion

    High Court, Not A Single Justice, Should Decide On Recusal

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    As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Series

    Traveling Solo Makes Me A Better Lawyer

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    Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

  • Series

    Law School's Missed Lessons: Client Service

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    Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.

  • Series

    Adapting To Private Practice: 3 Tips On Finding The Right Job

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    After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.

  • Series

    Painting Makes Me A Better Lawyer

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    Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

  • Protecting Sensitive Court Filings After Recent Cyber Breach

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    In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

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