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Business of Law
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June 12, 2025
Justices Say Habeas Claims Can't Be Added After Judgment
The U.S. Supreme Court on Thursday ruled that a prisoner may not add new claims to a habeas corpus petition once a final judgment is issued, cementing strict limits on repeat habeas filings prescribed by federal law.
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June 12, 2025
Weinstein Sex Abuse Trial Ends After Mixed, Partial Verdict
Harvey Weinstein's sexual abuse retrial ended Thursday with a Manhattan jury failing to reach a verdict on a count alleging the movie mogul raped an actress, one day after he was convicted of forcing sex on a production assistant and cleared on a third charge.
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June 12, 2025
Justices Limit FTCA Defense In FBI Raid Case
The U.S. Supreme Court on Thursday held that the Constitution's supremacy clause cannot shield the federal government from Federal Tort Claims Act suits, in the process reviving a Georgia woman's claim over an FBI raid aimed at a gang member but mistakenly carried out at her home.
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June 11, 2025
Calif. Justices OK More Bar Exam Proposals After Fiasco
The California Supreme Court on Wednesday approved more measures to address the widespread problems that arose during the administration of the February bar exam, which includes a provisional license program for applicants who failed or withdrew from the exam.
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June 11, 2025
DOJ's Focus On Cartels Raises Compliance Risks For US Cos.
U.S. corporations with business interests south of the border are increasingly worried about exposure to terrorism-related criminal charges under the Trump administration for inadvertently working with cartels linked to major business sectors throughout Mexico, from energy and manufacturing to financial services, compliance experts tell Law360.
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June 11, 2025
Ex-Judges Urge High Court To Protect Right To Counsel
A group of six high-profile retired judges urged the Supreme Court to protect criminal defendants' right to consult with counsel during overnight trial recesses, saying a current "patchwork" of practices in this area is bad for judges as well as defendants.
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June 11, 2025
DC Circ. Pauses Habeas Order In Alien Enemies Act Case
The D.C. Circuit has agreed to briefly pause a lower court order requiring the Trump administration to give due process to Venezuelan immigrants deported from the U.S. to a Salvadoran prison under the Alien Enemies Act.
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June 11, 2025
DOJ Says Newsom Can't Ask Court To Halt Guard Deployment
The Trump administration is telling a California federal judge its decision to federalize the National Guard is unreviewable in court, calling California Gov. Gavin Newsom's effort to stop the takeover "a crass political stunt" in a new filing Wednesday.
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June 11, 2025
DOJ Legal Policy Chief, Adviser On Judge Selections, Resigns
Aaron Reitz, a top U.S. Department of Justice official who works on judicial nominations, announced Wednesday he's resigning after being confirmed for the role on March 26.
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June 11, 2025
These Firms Are Landing The Most Patent Litigation Work
Rabicoff Law LLC reclaimed its status as the most active firm for patent plaintiffs, having filed more than twice as many cases in 2024 as it did in 2023, according to a new report from Lex Machina.
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June 11, 2025
Queens Defenders Ex-Director Charged With Embezzling
A former executive director of Queens Defenders and her husband are charged with embezzling $60,000 from the organization and spending it on personal expenses including rent for a penthouse apartment, luxury goods, vacations and teeth-whitening procedures, prosecutors say in an indictment unsealed Wednesday in New York federal court.
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June 11, 2025
Atty Wants 6th Circ. To Vacate Tenn. 'Gag Order' Rule Decision
If the Sixth Circuit does not undo a decision that a Nashville attorney didn't have standing to challenge a since-rescinded Middle District of Tennessee rule concerning lawyers' "extrajudicial statements," it could "be all but impossible" for lawyers to challenge similar court rules in the future, the attorney said Wednesday.
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June 11, 2025
New Patent Cases Rebound As EDTX Seals Top Venue Spot
The number of new patent suits filed in 2024 increased 22.2% over 2023, bouncing back from a historically slow year, and the Eastern District of Texas further cemented its status as the most popular patent venue after a rule change made another Texas district less attractive to plaintiffs.
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June 11, 2025
JC Penney Blasts Jackson Walker Bid To Escape Fee Dispute
J.C. Penney has called on a Texas bankruptcy court to knock down Jackson Walker LLP's bid to escape a fee suit prompted by a yearslong secret romance between a former firm partner and a onetime bankruptcy judge, saying the firm's dismissal bid is "riddled with implausibility, excuse and contradiction."
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June 11, 2025
Trump Presses 2nd Circ. To Federalize Hush Money Appeal
Counsel for President Donald Trump on Wednesday urged the Second Circuit to take over the appeal of his New York state hush money conviction post-trial, saying a federal judge in Manhattan wrongly denied removal, and the landscape has now changed in light of the U.S. Supreme Court's landmark presidential immunity decision.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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."
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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.
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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."
Expert Analysis
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.