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Business of Law
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
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September 29, 2025
NY's Top Financial Services Regulator Is Stepping Down
The head of the New York State Department of Financial Services is stepping down next month and will be replaced on an interim basis by the chief of its fintech-focused innovation division, New York Gov. Kathy Hochul said Monday.
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September 29, 2025
Ex-Mass. US Atty Faces Bar Reprimand Over Leak, Texts
Former Massachusetts U.S. Attorney Rachael Rollins has agreed to waive a hearing and accept a public reprimand from state bar regulators as a sanction for leaking confidential material about an investigation to a reporter, then trying to shift blame away from herself in a "disingenuous" text to staff, according to a petition for discipline.
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September 26, 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.
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September 26, 2025
SEC To Weigh Waivers Alongside Enforcement Settlements
U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency will return to a practice of allowing firms to request waivers from follow-on consequences of enforcement actions while they pursue settlement discussions to resolve their case.
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September 26, 2025
How Attys' Pursuit Of Truth Got ICE To Release An Ohio Imam
Kathryn Brady with the Muslim Legal Fund of America called it a "miracle." With no warning, U.S. Immigration and Customs Enforcement released her client — Egyptian imam and chaplain Ayman Soliman — on Sept. 19 and reinstated his asylum protections after keeping him locked up for 73 days and threatening to deport him to a country where he said he would face certain death.
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September 26, 2025
Atty Fights Uphill To Nix Sanctions For Motion With AI Errors
MPH International's counsel urged a California federal judge Friday to change his mind on sanctions requiring him to report to the state bar for filing a summary-judgment motion with AI-generated errors, arguing he had COVID, such mistakes are becoming commonplace and disciplinary proceedings could harm small practices and pro-bono work.
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September 26, 2025
Fitch Even Sues Litigation Funder CEO, Ex-Client For $1.2M
Chicago-based law firm Fitch Even Tabin & Flannery LLP has brought a lawsuit in Illinois federal court against a former client and the CEO of a litigation funder, saying it is owed more than $1.2 million in legal fees for the firm's work on a patent infringement case the ex-client filed against Samsung.
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September 26, 2025
Off The Bench: NCAA Mostly Beats Trans Suit, Faces Another
In this week's Off The Bench, the NCAA beat the majority of claims over its former transgender policy, but faced a new lawsuit in New York, along with the State University of New York, stemming from its current ban of transgender athletes competing in women's sports.
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September 26, 2025
Derailment Litigants Say Attys Duped Them Into $600M Deal
Nearly 150 residents in and around East Palestine, Ohio, say plaintiffs' lawyers misled them into joining a $600 million deal with Norfolk Southern by concealing experts' testing and community members who got sick after a fiery 2023 derailment, according to a motion asking a federal judge to let them out of the settlement.
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September 26, 2025
Calif. Justices Approve Changes To Bar Exam Oversight Rule
The California Supreme Court has approved amendments to the state rules of court, in part to clarify oversight of the California bar exam in the wake of a botched administration in February.
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September 26, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
Tech industry giant Oracle will monitor the U.S. operations of social media platform TikTok after a deal turns 80% of the formerly Chinese-owned subsidiary over to a U.S.-based joint venture. And a new compensation study of large company general counsel finds steady growth since 2020, although it still trails pay for chief financial officers.
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September 26, 2025
Texas Justices Move To Nix ABA Approval In Bar Admissions
The Supreme Court of Texas on Friday preliminarily approved ending a rule requiring graduation from a law school approved by the American Bar Association for admittance to the Lone Star State bar, with the court giving itself the authority for accreditation.
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September 26, 2025
DLA Piper Inks $300K Deal Over Ex-Atty's Alleged Fraud
A Philadelphia judge has been asked to approve a $300,000 settlement between DLA Piper, one of its former firm partners and a Los Angeles businessman who claimed the former partner defrauded him while practicing at the firm.
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September 26, 2025
The Comey Case Was Hard To Bring. It May Be Harder To Win.
The government faces steep challenges in proving key elements of its bare-bones indictment of former FBI Director James B. Comey, including his state of mind during 2020 testimony before Congress and the potential lack of a credible star witness, experts say.
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September 26, 2025
Law360's Legal Lions Of The Week
Baker Botts LLP and MoloLamken LLP lead this week's edition of Law360 Legal Lions, after the Federal Circuit wiped out a $181 million jury verdict against AT&T and Nokia in a patent infringement case.
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September 26, 2025
Texas' Eastern District Tightens Sealed-Document Procedures
Chief U.S. District Judge Amos L. Mazzant III of the Eastern District of Texas issued new protocols Wednesday for filing sealed documents that will prohibit electronic access effective immediately, a move that comes amid escalating cyberattacks on the federal judiciary's case management system.
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September 26, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Sanjeev Gupta’s Liberty OneSteel sue its collapsed former lender Greensill Capital, television personality Janice Dickinson hit ITV with a personal injury claim after falling over while appearing on “I’m a Celeb …”, and energy investor Blasket bring fresh litigation against Spain amid a row over a $416 million arbitration award. Here, Law360 looks at these and other new claims in the U.K.
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September 25, 2025
DOJ Unveils New 'Affirmative Litigation' Civil Division Branch
The U.S. Department of Justice Thursday announced its newly created "Enforcement & Affirmative Litigation Branch," part of which will be dedicated to going after states, municipalities and private entities that impede federal immigration enforcement or profit from "false and misleading claims" about gender transition.
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September 25, 2025
Ex-FBI Head Comey Indicted Days After Va. US Atty Replaced
A federal grand jury in the Eastern District of Virginia on Thursday indicted former FBI Director James B. Comey on making a false statement and obstruction of Congress charges, just days after Donald Trump's former personal attorney took over as interim U.S. attorney in the district.
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September 25, 2025
Justice Thomas Says High Court Precedent Isn't 'Gospel'
U.S. Supreme Court Justice Clarence Thomas said Thursday that he doesn't view the high court's prior rulings as "the gospel," and that any precedent that doesn't respect the U.S. Constitution or the country's legal traditions is ripe for reconsideration.
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September 25, 2025
Girardi's Son-In-Law Urges No Prison For Chicago Contempt
Tom Girardi's son-in-law has argued he should not receive prison time following his contempt plea over millions of dollars in settlement funds Girardi stole from several Lion Air crash clients, saying he fought for months to get the clients paid but recognizes he "could and should" have done more.
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September 25, 2025
Hagens Berman Not Very Contrite About AI Errors, Judge Says
A California federal judge chided attorneys from Hagens Berman on Thursday over what he called a lack of contrition after submitting briefs that contained errors lifted from ChatGPT in a proposed class action against the online platform OnlyFans, saying the attorneys seemed more interested in excuses.
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September 25, 2025
Chicago Man Forged Signatures Of Federal Judges, Feds Say
A Chicago man has been indicted for forging the signatures of two Illinois federal judges on various court filings in an attempt to get around an order restricting his ability to file new cases, according to an announcement made by the U.S. Department of Justice on Thursday.
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September 25, 2025
AI-Created Attack Video Among Threats Facing State Judges
State judges sounded the alarm Thursday over "disturbing" threats leveled against them and fellow jurists across the country, from unsolicited pizza deliveries to an artificial intelligence-generated video of a jurist being murdered with a hatchet.
Expert Analysis
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Roundup
Adapting To Private Practice
In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.