Business of Law

May 22, 2025
Split Supreme Court Blocks 1st Religious Charter School

A deadlocked U.S. Supreme Court left in place Thursday an Oklahoma state court ruling barring the launch of the nation's first religious charter school, leaving open questions about the constitutionality of excluding religious groups from participating in publicly funded charter school programs.
May 21, 2025
Littler, Tech Exec Settle Suit Over Firm's 'Unlawful' Advice

Littler Mendelson PC has settled a tech executive's lawsuit claiming she was suspended and, eventually, fired after the company followed the "unlawful" advice of Littler attorneys, according to a dismissal order issued Tuesday in New York federal court.
May 21, 2025
The Status Of Biden-Era Immigration Suits: A Roundup

Following the presidential transition, the U.S. Department of Justice moved to dismiss suits brought by the Biden administration challenging state immigration enforcement measures in Texas, Iowa and Oklahoma, leaving the status of those cases up in the air.
May 21, 2025
Judge Warns Attys Using AI To 'Advocate — Not Hallucinate'

A Florida federal judge on Tuesday sanctioned two attorneys in a shipping contract dispute for filing a brief that included a nonexistent case citation added by artificial intelligence, warning lawyers that they must "carefully evaluate, elucidate and advocate — not hallucinate" in their legal briefs.
May 21, 2025
Immigrant Groups Appeal Denied Bid To Halt IRS-ICE Deal

Immigrant advocacy groups on Wednesday appealed a D.C. federal judge's order denying their bid to block the IRS from sharing taxpayer data with immigration enforcement agencies, with their counsel warning "it will be too late" once the information is shared.
May 21, 2025
Girardi's Son-In-Law Was No 'Babe In The Woods,' Feds Say

The Chicago federal judge presiding over a summer client theft trial against Girardi Keese founder Tom Girardi's son-in-law should not limit the government's case based on positions it took during Girardi's California trial because its positions are consistent, and the cases are charged differently, prosecutors argued Wednesday.
May 21, 2025
SF Law Firms' Ex-CFO Gets 3 Years For Embezzling $1.3M

A former chief financial officer of two San Francisco law firms was sentenced to just over three years in prison Wednesday for stealing more than $1.3 million from the firms and others, after one firm's founder said the defendant appeared to enjoy "stabbing us all in the back."
May 21, 2025
Ford Hits Calif. Firms With RICO Suit Over Lemon Law Billing

The Ford Motor Co. sued several California-based law firms and lawyers in Los Angeles federal court Wednesday, accusing them of conspiring to overcharge clients and defraud major automotive manufacturers by more than $100 million by submitting falsely inflated time sheets in thousands of consumer protection cases.
May 21, 2025
Democrats Wary of Nominees' Pledge To Honor Court Orders

Nominees for top roles at the U.S. Department of Justice and the U.S. Department of Homeland Security fended off questions from Democrats on Wednesday about the Trump administration's willingness to defy court orders and pledged that the White House would at least follow rulings of the Supreme Court.
May 21, 2025
Apologetic NJ Atty Gets 21 Months For $350K COVID Fraud

A New Jersey attorney sentenced to 21 months in federal prison on Wednesday for claiming he was a business in order to receive nearly $350,000 earmarked for small businesses amid the COVID-19 pandemic apologized to the court for the "embarrassment" he caused to the legal profession.
May 21, 2025
$1.8M From Legal Industry Fuels NYC Mayor's Race

The legal industry poured at least $1.79 million into this year’s election for New York City mayor, the majority going to incumbent Eric Adams, attorney Jim Walden and former Gov. Andrew Cuomo, Law360 Pulse found.
May 20, 2025
'Not A Denny's': 5th Circ. Judge Chides High Court Stopwatch

The Fifth Circuit on Tuesday expedited a case brought by Venezuelans who are accused of being gang members and who are challenging the use of a 1798 wartime law to deport them to an El Salvador prison, with one judge chastising the U.S. Supreme Court's majority for allowing the appeal to move forward.
May 20, 2025
Dem Lawmakers Reintroduce Supreme Court Ethics Bill

Two Democratic lawmakers on Tuesday reintroduced bills in the House and Senate that would require the U.S. Supreme Court to adopt a binding ethics code and create new recusal and disclosure standards for the nine justices.
May 20, 2025
DOJ Watchdog Asked To Probe AG's Trump Media Stock Sales

Rep. Jamie Raskin of Maryland, the ranking Democrat on the House Judiciary Committee, on Tuesday urged the U.S. Department of Justice's inspector general to investigate Attorney General Pam Bondi's sale of millions of dollars' worth of shares in Trump Media just ahead of the stock market plunging.
May 20, 2025
SEC Chair Says Staff Exits Have Left Holes In Agency

U.S. Securities and Exchange Commission Chair Paul Atkins told Congress Tuesday that the agency has lost hundreds of employees in recent months due to voluntary buyouts and early retirement incentives, and that some now-missing expertise will need to be replaced.
May 20, 2025
Injunction On Trump Order Limited To Perkins, Judge Clarifies

A D.C. federal judge on Tuesday clarified the scope of her injunction blocking President Donald Trump's executive order targeting Perkins Coie LLP, explaining that her ruling prohibits the president from directing government agencies to investigate only Perkins Coie's employment practices and not the other BigLaw firms.
May 20, 2025
The Alien Enemies Act Cases: A Roundup

Litigation over President Donald Trump’s March 14 proclamation invoking the 1798 Alien Enemies Act has moved at breakneck speed, spurring two U.S. Supreme Court decisions already while at least five different districts weigh his authority to invoke the wartime law. Here, Law360 catches you up on major developments in the litigation.
May 20, 2025
CFPB's Guidance Purge May Have Limited Impact For Industry

The Trump administration's recent culling of Consumer Financial Protection Bureau guidance may help advance the agency's pivot to lighter-touch regulation, but consumer advocates and even some financial services attorneys say the rescinded policies could still shape litigation and leave companies guessing about the agency's current views.
May 20, 2025
Amazon, Apple Get Atty Fees Over Dropped Antitrust Plaintiff

A Washington federal judge on Tuesday ordered an ousted lead plaintiff's counsel in a proposed antitrust class action against Amazon and Apple to pay a combined $223,000 in attorney fees to the defendants after finding last month that the lawyers had failed to tell the court that their client had abandoned the case.
May 20, 2025
State AGs Back NJ Judicial Privacy Law At 3rd Circ.

Most states' attorneys general, along with law enforcement organizations and a data privacy group, have encouraged the Third Circuit to uphold a New Jersey judicial privacy measure, saying states have sovereignty to enact such laws in a time of increased threats against judges.
May 20, 2025
Trump Case May Bolster Wis. Judge's Pitch For Immunity

The Wisconsin judge accused of obstructing federal immigration authorities' arrest of an unauthorized migrant in her courtroom has a strong argument that judicial immunity protects her after the U.S. Supreme Court's presidential immunity ruling, some experts say, while others say judicial immunity does not extend to criminal prosecutions.
May 20, 2025
GSA Official Gives Mea Culpa On 'Non-Core' Federal Property

A top official of the federal government's real estate overseer testified on Tuesday that the administration was a bit rash in publishing a list two months ago with more than 400 "non-core" government properties, including federal courthouses, that it was considering disposing of.
May 20, 2025
Attys For Alleged Fox Hacker 'Deeply Regret' Fake AI Citations

Two attorneys apologized to a Florida federal judge on Monday for filing a motion to dismiss charges against their client — alleged Fox News video hacker Timothy Burke — that contained fake legal citations generated by artificial intelligence.
May 20, 2025
Insurers Say Legal Malpractice Costs Keep Outpacing Inflation

The frequency at which major law firms faced malpractice claims held relatively steady in 2024, but payouts on claims continued to boom at a rate outpacing general inflation, according to this year's legal professional liability insurance survey, with nearly half of insurers surveyed reporting having paid at least one claim over $150 million.
May 19, 2025
Goldstein Assails 'Radical' DOJ Case, Probe Of 'Sexual Habits'

In his most forceful attack on tax evasion charges that have roiled the U.S. Supreme Court bar, indicted appellate icon Thomas C. Goldstein is accusing the U.S. Department of Justice of embracing "breathtaking" legal theories and revealing prurient information about him "to bias the grand jury."

Expert Analysis

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.
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.
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.
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.
An Associate's Guide To Career Development In 2025

As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
This Year's Insights On Attorney Well-Being

With the legal industry increasingly grappling with attorney burnout, depression, anxiety, stress and substance use disorders, Law360 guest experts proposed solutions this year ranging from mental health first aid training to exercises that build flexible optimism.
New Strategies For Enhancing Firm Culture

How can law firms work toward retaining legal talent and meeting business goals? This year, Law360 guest commentary dove into tips like embracing cognitive diversity and conducting so-called stay interviews.
2024 Pointers On Persuading Jurors

In a year where nuclear verdicts continued to proliferate, Law360 guest commentary focused on how trial attorneys can better select and connect with jurors, offering strategies for identifying anti-corporate sentiments and tactics to land one’s closing argument.
The Latest Legal Writing Tips

In 2024, Law360 guest experts provided advice for improving many kinds of legal writing — explaining how attorneys can use syllogistic reasoning, emulate master chefs, and clean up drafts produced by generative artificial intelligence tools.
Associate Issues In The 2024 Spotlight

Law360 guest writers provided insights on a range of issues affecting associates this year, from the challenges of training new lawyers in the era of artificial intelligence, to nonfinancial factors that junior attorneys should consider before accepting a job offer.
AI Questions: The Top Guest Articles Of 2024

As the legal discourse surrounding artificial intelligence shifted from theoretical to concrete this year, guest commentary focused on the proliferation of new AI-related litigation, enforcement actions and best practices, while tracking the judiciary’s experimentation with generative AI.
ESG And DEI: The Top Guest Articles Of 2024

In their commentary on ESG and DEI topics this year, Law360 guest authors discussed Project 2025’s potential impact, the rise of greenwashing litigation, strategies for fostering employee retention amid a shaky regulatory landscape, and more.
Cybersecurity: The Top Guest Articles Of 2024

From the CrowdStrike failure to the plethora of new and sometimes tricky regulatory requirements, to early decisions interpreting cyberinsurance coverage, guest authors broke down the implications of the biggest cybersecurity developments this year.
Election Impact: The Top Guest Articles Of 2024

Donald Trump's election win initiated a deluge of predictions for the incoming administration, with Law360 guest writers covering key policy areas such as immigration, tax, energy, labor and competition, plus potential congressional themes and investigations.
Noncompetes: The Top Guest Articles Of 2024

Employee noncompete issues took center stage this year, as Law360 guest writers covered everything from state-level enforceability trends and alternative methods for protecting business interests, to a National Labor Relations Board ruling and the Federal Trade Commission’s attempted ban.