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Business of Law
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October 02, 2025
Gov't Shutdown Halts Fed. Circ. Response In Newman Case
The Federal Circuit has asked the D.C. Circuit for permission to extend a deadline to respond to U.S. Circuit Judge Pauline Newman's petition for an en banc rehearing to reconsider her suspension, citing the ongoing government shutdown.
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October 02, 2025
Legal Aid Attys End Suit Over Palestine Resolution Discipline
Three legal aid attorneys have settled a labor lawsuit against their union, wrapping litigation in New York federal court that accused the Association of Legal Aid Attorneys of violating the Labor-Management Reporting and Disclosure Act by moving to discipline the members for suing to block a pro-Palestine resolution.
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October 02, 2025
Comey's 1st Task: Decoding A Cryptic Indictment
The criminal indictment of James B. Comey is unusually sparse for such a high-profile matter, leaving open questions for the ex-FBI director to probe that could shed more light on how the government intends to prove its case and create potential lines of attack for the defense, experts say.
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October 02, 2025
Tenn. 'Gag Order' Ruling Against Atty Axed After Rule Change
The Sixth Circuit has vacated a decision that a Nashville attorney lacked standing to challenge a since-rescinded Middle District of Tennessee rule restricting lawyers' so-called extrajudicial statements.
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October 02, 2025
Baker McKenzie Brings New Suit Against Ex-Associate In DC
A former Baker McKenzie tax attorney who publicly accused the firm's Washington, D.C., managing partner of sexual assault was previously in a relationship with the managing partner's son, the firm has said in a revised defamation complaint.
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October 01, 2025
Trump Taps Federal Immigration Judge As Next Wash. US Atty
Federal Immigration Judge Charles Neil Floyd has reportedly been selected by President Donald Trump as the next U.S. attorney for the Western District of Washington.
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October 01, 2025
Squires Jumps Right Into Patent Eligibility Reform
U.S. Patent and Trademark Office Director John Squires used his first week at the agency to make bold statements about what should be eligible for patenting, with patent owners celebrating his support of diagnostics, crypto and machine learning technologies.
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October 01, 2025
Google Unit Flags China-Linked Cyberthreat To Legal Sector
The U.S. legal sector, as well as the software and tech industries, are being targeted by hackers with suspected ties to the Chinese government who use malware to creep into computer systems and maintain access to the targeted organizations, according to a warning issued by Google's Threat Intelligence Group.
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October 01, 2025
Prosecutors, Defense Face Confrontation Crisis After Smith
As state courts grapple with the U.S. Supreme Court's broadened application of the Sixth Amendment's confrontation clause, unwary prosecutors and defense attorneys could easily end up in an evidentiary bind.
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October 01, 2025
Reed Smith Seeks 2nd Circ. Help Over Eletson Orders
Reed Smith LLP has urged the Second Circuit to nix an order displacing the firm as counsel and requiring it to turn over client files for international shipping group Eletson Holdings Inc. to lawyers representing the company's new owners, saying Eletson's bankruptcy plan has not validly taken effect.
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October 01, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission put the final tweaks on its deal allowing a $13.5 billion merger of marketing companies to move ahead and pushed its bid to block a merger in the medical device coatings industry, while U.K. enforcers launched a number of merger probes.
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October 01, 2025
USPTO Lays Off Employees, Closes Rocky Mountain Office
The U.S. Patent and Trademark Office laid off some employees Wednesday as part of a reduction-in-force that's affecting around 1% of the agency's workforce, making the move on the first day of the government shutdown, according to sources familiar with the plans.
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October 01, 2025
Fed. Bill Would Let Judges Be Sued Over Repeat Offenders
A federal lawmaker from North Carolina has proposed a bill to create a pathway for crime victims and their families to sue judges found to have acted with "intentional disregard for public safety" by releasing individuals convicted of violent crime who go on to re-offend.
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October 01, 2025
The Top In-House Hires Of September
Legal department hires over the past month included high-profile appointments at Microsoft, TD Bank and Compass. Here, Law360 Pulse looks at some of the top in-house announcements from September.
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October 01, 2025
Ex-Immigration Judge, DOJ Settle Bias Suit
The U.S. Department of Justice and a former immigration judge agreed Wednesday to settle a lawsuit in Florida federal court alleging she was denied a hardship transfer and reasonable accommodation due to her gender and age.
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October 01, 2025
Va. Prosecutor Indicting Comey Tapped For Full US Atty Role
The interim U.S. attorney for the Eastern District of Virginia, who is bringing charges against former FBI Director James Comey, has been tapped by President Donald Trump for the full-term role.
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October 01, 2025
Hub Hires: Morgan Lewis, WilmerHale, Simpson Thacher
Other than the Red Sox and a few muggy late summer days, few things were hotter in September than the Boston legal market. Morgan Lewis made four lateral hires, WilmerHale welcomed back an experienced life sciences attorney, and Simpson Thacher snagged a former Goodwin banking lawyer.
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October 01, 2025
Pick For Del.'s 3rd Circ. Seat Advances Despite Few State Ties
Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit, who is currently serving in the White House Counsel's Office and has come under scrutiny for her lack of ties to the state, had her nomination voted out of committee along party lines Wednesday.
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September 30, 2025
Nevada US Atty 'Not Validly Serving,' Judge Says In DQ Order
Nevada's top federal prosecutor was disqualified from overseeing a handful of criminal cases after a federal judge on Tuesday determined she is "not validly serving as acting U.S. attorney" and that her involvement in the cases "would be unlawful."
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September 30, 2025
Full 5th Circ. To Revisit Trump Use Of Wartime Removal Law
The Fifth Circuit on Tuesday ordered all of its judges to revisit a split decision that found President Donald Trump's proclamation invoking the 1798 Alien Enemies Act to deport alleged Venezuelan gang members to be likely unlawful.
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September 30, 2025
DOJ Sues LA Sheriff's Department Over Delayed Gun Permits
The U.S. Department of Justice on Tuesday accused the Los Angeles County Sheriff's Department of infringing Californians' Second Amendment rights, days after the DOJ announced a new office focused on affirmative litigation against local governments and private entities that interfere with federal policies.
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September 30, 2025
'Unseemly': Judge Blasts Feds' 'End Run Around' Grand Jury
A Washington, D.C., federal judge has refused to accept an indictment after learning that prosecutors used a local grand jury to get a do-over when the initial federal grand jury declined to indict, saying he "will not rubberstamp the breaking of decades-long norms and the rule of law."
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September 30, 2025
Murdaugh's Banker Sentenced To 60 Months After Guilty Plea
The onetime bank CEO who pled guilty in South Carolina federal court to helping ex-lawyer and convicted murderer Alex Murdaugh steal client money has been sentenced to 60 months in prison, the same amount specified in his plea deal.
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September 30, 2025
Mass. Judge Issues Stinging Rebuke Of Protester Removals
A Massachusetts federal judge ruled Tuesday that the Trump administration's policy of arresting, detaining and trying to deport foreign students for Palestinian advocacy violates the First Amendment, which the judge said protects the free speech of noncitizens and citizens alike.
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September 30, 2025
Senate Bill Would Allow Claims Against AI Cos.
A pair of senators unveiled a bill Tuesday that would classify artificial intelligence technologies as products under the law to allow consumers to sue if an AI product causes harm, an issue testing the courts as litigation targets AI-fueled chatbots.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Key Ethical Issues For Gov't Attys Moving To Private Practice
Transitioning from government service to private practice presents complex ethical challenges for attorneys, including navigating conflicts of interest, confidential information rules and post-employment restrictions, say attorneys at HWG.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Reviewing The High Court's Approach To Free Speech Online
As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.