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Business of Law
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November 20, 2025
Meta Loss Shows Time Not On Enforcers' Side In Tech Cases
Meta's triumph over a Federal Trade Commission antitrust case Tuesday hinged on a D.C. federal judge's finding that the company lacks a monopoly in the present day, highlighting some of the challenges of using slow-moving litigation to challenge fast-moving markets.
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November 20, 2025
DOJ Antitrust Chief Says Agriculture A 'Top Priority'
The U.S. Department of Justice's top antitrust official said enforcers have already opened several investigations in the agriculture sector, including into meatpackers at the direction of President Donald Trump, and called the industry a "top priority" for the agency.
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November 20, 2025
NJ Panel Expands Scope Of Ex-Reed Smith Atty's Bias Claims
A New Jersey appellate panel on Thursday ruled that a former Reed Smith LLP attorney is entitled to pursue more damages and obtain expanded wage data in her gender discrimination suit against the firm, saying a trial court incorrectly applied certain statutes when it limited the damages and data she could seek.
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November 20, 2025
Senate Panel OKs Miss. Judge, US Atty Nominees After Delay
After weeks of holdup, nominees for Mississippi federal courts and U.S. attorneys were voted out of committee on Thursday, following an impasse between Republican senators.
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November 20, 2025
Law Firms Begin Upping The Ante For Associate Bonuses
Trial boutique Wilkinson Stekloff LLP is exceeding the year-end associate bonus scale set by Cravath Swaine & Moore LLP, announcing bonuses late Wednesday that are 150% of market.
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November 20, 2025
Trump's Epstein Directive Puts SDNY Prosecutor In A 'Pickle'
Manhattan chief federal prosecutor Jay Clayton appears to have been backed into a "horrible" corner with a "no-win" outcome as a result of a directive from President Donald Trump and U.S. Attorney General Pam Bondi to investigate Jeffrey Epstein's ties to prominent Democrats, experts say.
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November 19, 2025
Dissent Accuses Redistrict Ruling Of 'Judicial Misbehavior'
A Fifth Circuit judge denounced the judge who penned a federal court order blocking Texas' newly redrawn congressional map, saying in a Wednesday opinion the order blocking the redistricting amounts to the "most blatant exercise of judicial activism" he had ever seen.
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November 19, 2025
Justices Told Presidential Firing Limits Is An 'Originalist' Idea
A bipartisan collection of current and former government officials has urged the U.S. Supreme Court to uphold a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, claiming the precedent has roots that date back to the country's founding and reflects key separation of powers principles.
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November 19, 2025
The House's Plan B For Repealing Provision On DOJ Lawsuits
If the Senate does not take up a bill to repeal a provision in the government funding package allowing senators investigated by former special counsel Jack Smith to sue for damages, a Republican House member is already making contingency plans.
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November 19, 2025
Latham DQ'd From Sleep Apnea Device Co.'s Patent Fight
A Delaware federal court has disqualified Latham & Watkins LLP from representing the creator of a sleep apnea implant in its patent dispute after the firm served as counsel to the rival's underwriters, saying the "appearance of impropriety is glaring."
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November 19, 2025
Alaska Senator Pushes For Better Vetting After Judge Scandal
Sen. Dan Sullivan, R-Alaska, said on Wednesday that after a federal judge in his state resigned in disgrace last year, he decided he had to revamp his selection process for judicial nominees.
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November 19, 2025
Troutman Owes $3.7M In Atty Fees After $1M Malpractice Loss
Troutman Pepper Locke LLP must pay $3.7 million in attorney fees to a healthcare tech company that won on malpractice claims against the firm in 2024 after six years of litigation and an eight-day bench trial, a New Jersey state judge has ordered.
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November 19, 2025
Pillsbury Asks 2nd Circ. To Guard $4M Client Fee From SEC
Pillsbury Winthrop Shaw Pittman LLP on Wednesday urged the Second Circuit to allow it to keep a $4 million advance payment retainer from the since-convicted former CEO of a bankrupt cybersecurity company, but the law firm conceded it should have clarified its rights after the government sought an asset freeze.
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November 19, 2025
Halligan Says Grand Jury Never Saw Final Comey Indictment
U.S. Attorney Lindsey Halligan acknowledged Wednesday that the full grand jury in the James Comey case never saw or voted on the final version of the indictment that was handed up to the court in the case. An attorney for Comey said the clarification was grounds for dismissal.
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November 19, 2025
BigLaw Begins To Fall In Line With Cravath Bonuses
Fried Frank Harris Shriver & Jacobson, McDermott Will & Schulte LLP and Dechert LLP are among the law firms following the lead of Cravath Swaine & Moore LLP on year-end associate bonuses this week, with at least five large firms matching the market leader within a day of Cravath's Tuesday announcement.
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November 18, 2025
Pillsbury Winthrop Latest Firm Targeted By Data Breach Suit
Pillsbury Winthrop Shaw Pittman LLP on Tuesday was hit with a proposed class action stemming from a data breach the firm says happened in April, adding to the growing litigation firms are facing in the aftermath of cyberattacks.
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November 18, 2025
CFPB's Gradler Takes Deputy Post Amid Agency Uncertainty
Geof Gradler, a former industry lobbyist who recently joined the Consumer Financial Protection Bureau's front office, said that he is taking over as the agency's deputy director, a job that positions him as a potential successor to acting director Russell Vought.
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November 18, 2025
Cravath Unveils Associate Bonuses, Multiple Firms Follow
Multiple firms swiftly fell in line Tuesday evening just hours after Cravath Swaine & Moore LLP announced associate bonuses in line with those offered last year, continuing a long tradition of BigLaw firms following Cravath's lead on compensation.
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November 18, 2025
McGuireWoods Is Delaying Defamation Case, NC Justices Told
The former CEO of a managed care organization who alleges McGuireWoods and one of its ex-partners defamed him during a press conference more than seven years ago has told North Carolina's top court not to take up the case, panning their petition as yet another stalling tactic.
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November 18, 2025
NY AG James Blasts 'Outrageous Conduct' Behind Indictment
New York Attorney General Letitia A. James has told a Virginia federal court to dismiss the U.S. government's indictment of her, calling it "patently unconstitutional" and "outrageous conduct."
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November 18, 2025
Disbarred NC Atty Must Pay $5.2M For Escrow Fund Misuse
A disbarred attorney was ordered to pay $5.2 million in restitution and serve four years of probation during a Tuesday sentencing hearing in North Carolina federal court, after he pled guilty to a criminal wire fraud charge related to the misuse of escrow funds.
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November 18, 2025
Sanctioned Atty Convinces Mo. Court Errors Not Caused By AI
A Missouri federal judge sanctioned former counsel for Liberty Mutual Personal Insurance Co. Monday for including citation errors in a motion this fall, finding that, although the attorney likely inserted the errors herself without the use of AI software, "such carelessness, exacerbated by a lack of internal guardrails, is entirely unacceptable."
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November 18, 2025
Republican Senators Seek Judge Boasberg's Suspension
Six Republican senators, three of whom sit on the Senate Judiciary Committee, are asking that Chief U.S. District Judge James E. Boasberg of the District of Columbia be administratively suspended while Congress considers his impeachment.
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November 18, 2025
Missouri Federal Judge To Take Senior Status
U.S. District Judge Douglas Harpool of the Western District of Missouri has given notice he will take senior status upon the confirmation of state Judge Megan Benton, whose nomination to the federal bench President Donald Trump announced Friday.
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November 18, 2025
Conn. Atty Fined $500 For AI-Generated Errors In Wage Suit
In an order that noted an attorney's remorse, a Connecticut federal judge sanctioned a solo practitioner $500 this week for submitting a brief packed with false, AI-generated case citations, finding the fake authorities wasted court resources, risked misleading a pro se litigant and undermined trust in the judicial system.
Expert Analysis
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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What Justices Left Unsaid About The Federal Tort Claims Act
The U.S. Supreme Court's recent decision in Martin v. U.S. rejected the Eleventh Circuit's interpretation of the Federal Tort Claims Act in the case of a botched police raid — but left unresolved many questions about plaintiffs' ability to hold the government accountable for officers' misdeeds, says Scott Brooks at Levy Firestone.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.