Business of Law

  • May 13, 2025

    Justice Souter: Who He Was And How He Shaped The Law

    Retired Justice David Souter died last week at age 85. Here, Law360 looks at the former U.S. Supreme Court justice's legacy — not just through his legal work, but in his mentoring of clerks and friendships with peers.

  • May 12, 2025

    Calif. Justice Pokes At Trump Admin, DOGE In Grad Speech

    Without naming names, California Supreme Court Justice Goodwin Liu took several swipes at the Trump administration in a commencement address to graduating UC Law San Francisco students Monday, issuing an "executive order" giving everyone A's and saying there's no one at the Education Department to collect on their student loans.

  • May 12, 2025

    'Stop Talking,' DC Judge Tells Atty For Ashli Babbitt Estate

    Counsel for the estate of Ashli Babbitt received a dressing down Monday from the D.C. federal judge overseeing the wrongful death suit against the government after repeatedly interrupting her during a hearing over another attorney's claim that he's owed a slice of the settlement pie.

  • May 12, 2025

    DC Judge Grapples With Jurisdiction In ABA Grant Row

    A D.C. federal judge wrestled with his court's jurisdiction Monday as the American Bar Association sought a court order reviving terminated federal grant funding for its Commission on Domestic & Sexual Violence.

  • May 12, 2025

    DC Judge Declines To Block IRS From Sharing Info With ICE

    A D.C. federal judge rejected Monday a trio of immigration advocacy groups' request to block the Internal Revenue Service from sharing with immigration enforcement agencies the names and addresses of people suspected of being in the country illegally.

  • May 12, 2025

    Judiciary To Face House Members With $9.4B Budget Request

    Top judiciary officials will make the case this week that they need $9.4 billion in discretionary spending for fiscal 2026, a 9.3% increase over fiscal 2025, in order to rectify past funding shortfalls and meet increasing challenges with judicial threats, among other things.

  • May 12, 2025

    BigLaw Student Fellowship Faces Discrimination Charge

    A new legal advocacy organization alleged that a decades-old program that partners with dozens of BigLaw firms to support incoming law students is racially discriminatory.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    Cadwalader Drops Data Breach Coverage Suit Against Lloyd's

    Cadwalader Wickersham & Taft LLP and a Lloyd's of London syndicate it sued seeking coverage for litigation stemming from a 2022 data breach have agreed to end their dispute in North Carolina's business court with prejudice, according to a joint stipulation from the parties.

  • May 12, 2025

    Texas Judge Suspended Over Vote Harvesting Indictment

    A Texas county judge was suspended without pay Monday by the state's judicial disciplinary body in connection with a felony indictment charging her with taking part in a vote harvesting scheme related to the 2022 election.

  • May 12, 2025

    Attys Say Avvo Scraped Bar Data To Sell Marketing Services

    A new class action filed Friday in Washington federal court accuses online legal service provider Avvo Inc. of misappropriating the identities of over 1 million attorneys to promote its legal marketing tools and referral services.

  • May 12, 2025

    Copyright Office Director Latest To Get Axed By Trump

    The Trump administration has fired the director of the U.S. Copyright Office, shortly after the office issued a report raising questions about the legality of using copyrighted material to train generative artificial-intelligence models and two days after the White House ousted the leader of the Library of Congress.

  • May 09, 2025

    In Case You Missed It: Hottest Firms And Stories On Law360

    For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

  • May 09, 2025

    Calif. Judge Blocks Trump's Gov't Reorganization, Job Cuts

    A California federal judge on Friday temporarily blocked federal agencies and Elon Musk's Department of Government Efficiency from carrying out President Donald Trump's directive to reduce the government workforce, saying the president doesn't have the constitutional or statutory authority "to reorganize the executive branch."

  • May 09, 2025

    Calif. Bar Seeks Provisional Licenses And More For Exam Snafu

    California Bar trustees voted on Friday to ask the state Supreme Court to grant provisional licenses to the hundreds of applicants who did not pass the tumultuous February bar exam, which was rife with technical, proctoring and procedural issues.

  • May 09, 2025

    From Fox News To DOJ: This Is The Next Interim DC US Atty

    Former Fox News host and judge Jeanine Pirro will soon take the helm of the U.S. Attorney's Office for the District of Columbia after more than a decade at the network where she was a figure in high-profile defamation cases.

  • May 09, 2025

    Immigrants Find Workers' Rights Behind Bars

    Immigration detainees are bringing about a sea change in workers’ rights behind bars, chipping away at the assumption that people in civil detention or in prison fall outside the reach of minimum wage laws and protections against forced labor.

  • May 09, 2025

    Working While Caged: The Fight To End Forced Prison Labor

    Inmates battling wildfires are just the tip of the iceberg in a largely invisible workforce of more than 800,000 people who work for meager pay while incarcerated. Civil rights lawyers, advocates and some elected officials are pushing to change the legal framework that enables prison labor practices, which many trace back to American slavery and the 13th Amendment.

  • May 09, 2025

    Sandy Hook Families Want Alex Jones To Pay Up Amid Appeal

    A Connecticut appeals court should not extend a stay on the enforcement of a $1.3 billion judgment against bankrupt Infowars host Alex Jones while he brings his case to the U.S. Supreme Court, the families of Sandy Hook shooting victims said in opposition to his pending motion, arguing that his newly raised constitutional claims are late and meritless.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    More BigLaw Partners Back Jenner & Block In EO Suit

    The number of BigLaw partners publicly backing litigation against the federal government over executive orders targeting firms continues to grow, as a group representing more than 800 partners and members of major U.S. law firms has filed an amicus brief in support of Jenner & Block.

  • May 09, 2025

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Stories in corporate legal news in the past week include a Fifth Circuit order affirming in part and reversing in part a Texas federal court's decision in a wrongful termination suit against Southwest Airlines, in which in-house attorneys were ordered to undergo "religious liberty training."

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    Nonprofits Urge More Money For Judge Security Amid Threats

    Good government groups on Friday urged lawmakers to increase judicial security funding amid a wave of violent threats against judges, and to reject proposals that "undercut the judiciary's independence" like stripping judges of contempt powers and the ability to issue national injunctions.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

Expert Analysis

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Election Outlook: A Precedent Primer On Content Moderation

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    With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Series

    After Chevron: The Future Of AI And Copyright Law

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    In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

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