Business of Law

  • June 11, 2025

    J&J's Beasley Allen DQ Bid Based On 'Innuendo,' Court Told

    A California couple ripped Johnson & Johnson's renewed bid to block two Beasley Allen Law Firm attorneys from representing them in their suit accusing the company of selling carcinogenic talc-based baby powder, arguing the company's opposition is based largely on "innuendo" rather than proof of misconduct by the lawyers.

  • June 11, 2025

    Ex-Copyright Leader Says Firing Risks 'Inoperable' Agency

    The fired leader of the U.S. Copyright Office has asked a D.C. federal judge to block the Trump administration's action while she challenges her termination, arguing that significant functions of the government agency could be rendered "inoperable" without judicial intervention.

  • June 10, 2025

    Judiciary Panel Advances New Rules On Amici, AI, Subpoenas

    The federal judiciary's top policy panel Tuesday propelled revamped rules regarding numerous hot legal topics, including artificial intelligence, "dark money" groups bankrolling amicus briefs and the subpoena powers of courts and defense counsel.

  • June 10, 2025

    NJ Rep. LaMonica McIver Indicted Over ICE Facility Incident

    U.S. Rep. LaMonica McIver has been charged with forcibly impeding and interfering with federal officers during her inspection of a Newark, New Jersey, immigration detention facility last month, the U.S. Department of Justice announced Tuesday.

  • June 10, 2025

    Feds Reboot FCPA Agenda With Narrower Enforcement Focus

    The U.S. Department of Justice on Tuesday released new and tightened guidelines for enforcement of the Foreign Corrupt Practices Act after a four-month pause on such prosecutions, centering prospective investigations on situations that affect U.S. competitiveness and national security as well as transnational cartels.

  • June 10, 2025

    ABA 'Surprised And Disappointed' By DOJ Shunning

    The American Bar Association on Tuesday defended its long-standing process for reviewing judicial nominees and said Attorney General Pam Bondi was wrong to call the group an "activist organization."

  • June 10, 2025

    Key Insights On Looming Fair Use Rulings In AI Cases

    Two California federal judges have indicated they are inclined to find that using copyrighted material to train artificial intelligence systems is transformative, which usually means that copying a work is fair, but that may not let Meta Platforms and Anthropic off the hook in separate lawsuits.

  • June 10, 2025

    State Chief Justices Blast Plans To Cut Legal Services Corp.

    A coalition of 37 state Supreme Court chief justices have asked federal lawmakers to reject President Donald Trump's plans to eliminate the Legal Services Corp., arguing that the "justice system is hobbled when citizens are deprived of legal counsel."

  • June 10, 2025

    House Conservatives Push Senate To 'Rein In' Judges

    House conservatives are imploring their Senate counterparts to do more to "rein in" federal judges with the budget reconciliation package.

  • June 10, 2025

    Top CFPB Enforcer Quits Over 'Devastating' Agency Pullback

    The Consumer Financial Protection Bureau's top enforcement official resigned Tuesday, saying she can no longer effectively do her job under leadership that "has no intention to enforce the law in any meaningful way."

  • June 10, 2025

    Mass. Court-Appointed Attys Hit 'Boiling Point' Over Low Pay

    Hundreds of private attorneys in Massachusetts who are paid by the state to represent indigent defendants and others have stopped accepting new court-appointed cases over complaints about low pay, putting the system on what one veteran advocate called "the verge of imploding."

  • June 10, 2025

    SEC's Investment Management Chief Greiner To Leave Agency

    U.S. Securities and Exchange Commission veteran Natasha Vij Greiner is stepping down as the director of the agency's investment management division, ending a nearly 24-year career serving the SEC in multiple roles, regulators announced Tuesday.

  • June 10, 2025

    Wis. Judge Can't Wield Immunity For Obstructing ICE, DOJ Says

    The U.S. Department of Justice has urged a Wisconsin federal judge to reject a state court judge's argument that judicial immunity blocks her prosecution for allegedly obstructing an ICE arrest at a Milwaukee courthouse, saying that while judges may be immune from civil liability for official acts, they are not shielded from prosecution for supposedly criminal conduct.

  • June 10, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.

  • June 09, 2025

    2nd Circ. Affirms Dechert's Victory Over Hacking Suit

    The Second Circuit on Monday refused to revive a North Carolina trade executive's lawsuit alleging hacking by a private investigator on Dechert LLP's behalf, ruling in a nonprecedential opinion that a district judge's failure to review disputed portions of a magistrate judge's recommendation to dismiss the suit was ultimately harmless.

  • June 09, 2025

    Senate Confirms Brett Shumate To Head DOJ Civil Division

    The Senate voted 51-41 along party lines on Monday evening to confirm Brett Shumate to be assistant attorney general for the Civil Division of the U.S. Department of Justice.

  • June 09, 2025

    Judge Denies Obstructing ICE As Disciplinary Hearing Begins

    An attorney for a Massachusetts state judge, who was accused of plotting to let a man wanted by immigration agents escape out of a back door of a courthouse in 2018, said at the start of a disciplinary inquiry Monday that the judge did not know about the plan, pointing the finger at the wanted man's lawyer.

  • June 09, 2025

    Speaker Johnson Defends AI Moratorium In Reconciliation Bill

    House Speaker Mike Johnson, R-La., gave a full-throated defense on Monday of the AI moratorium included in the House's version of the budget reconciliation bill, which has drawn bipartisan criticism.

  • June 09, 2025

    Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul

    The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.

  • June 09, 2025

    Vice Chancellor Wants Clarity On Del. Corporate Law Change

    Citing "an important and urgent" need, a Delaware vice chancellor has asked the state supreme court to rule on the constitutionality of recent corporate law amendments providing conflicted directors or controlling investors expanded "safe harbor" liability shields for contested actions.

  • June 09, 2025

    Titan Of The Plaintiffs Bar: Hagens Berman's Steve W. Berman

    Steve Berman turned 70 recently, and his long career as one of the nation's foremost plaintiffs attorneys is now littered with society-changing milestones and multibillion-dollar courtroom victories. Even so, he hasn't slowed down a wink.

  • June 09, 2025

    WilmerHale Seeks Full Fed Compliance On Struck-Down Order

    WilmerHale is asking a D.C. federal judge to make clear that a ruling invalidating an executive order against the firm applies to all federal agencies subject to President Donald Trump's directives.

  • June 09, 2025

    Boies Schiller Faces DQ Bid In Law Firms' Battle In Florida

    Boies Schiller Flexner LLP and its attorney Sashi C. Bach are facing a disqualification bid in a Florida state court case between pharmaceutical mass tort firms and their former counsel, with the suing firms arguing that Boies Schiller cannot represent its co-defendants because of a conflict.

  • June 09, 2025

    Pro Bono Civil Counsel Not A Guarantee, 7th Circ. Rules

    In a precedential ruling, the Seventh Circuit has found that a federal court in Peoria, Illinois, did not err when it ended the search for a pro bono attorney to represent a prisoner in a civil rights suit over medical care provided behind bars because it could not find willing counsel.

  • June 09, 2025

    Fla. Bar Rejects Ethics Probe Of Bondi While She's In Office

    The Florida Bar has told a group of lawyers, law professors and former judges that it will not open an ethics investigation into Pam Bondi's actions as attorney general, saying in a letter that it doesn't "investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office."

Expert Analysis

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • Roundup

    Law School's Missed Lessons

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    In this Expert Analysis series, attorneys offer advice on navigating real-world aspects of legal practice that are often overlooked in law school.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

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