Business of Law

  • May 05, 2025

    Defamation Litigation Roundup: Palin, Fox, Crime Podcasters

    In this month's review of ongoing defamation fights, Law360 looks back on developments in two voting technology companies' cases against news organizations that claimed they helped rig the 2020 election.

  • May 05, 2025

    Critical Deadline For Interim DC US Attorney Ed Martin Nears

    The clock might be ticking on Ed Martin's tenure as interim U.S. attorney for the District of Columbia.

  • May 05, 2025

    Conn. Poised To Count Pro Bono Work As CLE Credits

    The Connecticut Superior Court's rules committee on Monday advanced a plan that could allow attorneys to earn minimum continuing legal education credits by providing pro bono legal services, potentially placing the state among just three that allow lawyers to earn half their yearly requirements through volunteering.

  • May 05, 2025

    Calif. Justices Adjust Bar Exam Passing Score Amid Turmoil

    In an en banc ruling, the California Supreme Court approved adjustments to the passing score for the state bar's embattled February bar exam in line with a formal request by the California Bar Association, resulting in the highest passing rates for the exam in close to five years.

  • May 05, 2025

    Morgan & Morgan Pushes To Arbitrate Malpractice Claims

    Morgan & Morgan is urging a Georgia federal court to send a former client's malpractice class claims into arbitration and reject his bid to move the case to state court, arguing the matter belongs there, and the client agreed to arbitrate such disputes.

  • May 05, 2025

    Justice Dept. Seeks To Nix ABA Suit Over Terminated Grants

    The U.S. Department of Justice has moved to throw out the American Bar Association's lawsuit over the termination of grants to the ABA's Commission on Domestic and Sexual Violence, arguing the courts lack power to force the government to honor a contractual obligation.

  • May 02, 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.

  • May 02, 2025

    Judge Axes Trump's Perkins Order With Shakespearean Flourish

    A Washington, D.C., federal judge on Friday struck down as unconstitutional President Donald Trump's retaliatory executive order targeting Perkins Coie LLP, permanently blocking enforcement of the directive and likening the president's action to a Shakespeare character's suggestion that the way to amass power is to "kill all the lawyers."

  • May 02, 2025

    Cannabis Drink Co. Accuses Stoel Rives Attorneys Of Fraud

    A startup that develops nonalcoholic cannabis beers has claimed in a California state court action that attorneys from Stoel Rives LLP and others conspired on a scheme to defraud the company out of millions by allegedly trying to sell an unlicensed marijuana business.

  • May 02, 2025

    A Look At Trump's Pick For The 6th Circuit

    President Donald Trump's first judicial nominee, Whitney Hermandorfer, who's been tapped for a seat Democrats tried to fill while Joe Biden was in the White House, has been part of litigation on several politically charged issues due to her job with the Tennessee Attorney General's office.

  • May 02, 2025

    4 Mass. Rulings You May Have Missed In April

    Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case, a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.

  • May 02, 2025

    Abbe Lowell Launches New Firm With Ex-Skadden Associates

    Tapping a team of ex-BigLaw associates, some of whom publicly quit their firms in response to deals struck to avoid scrutiny from the Trump administration, prominent defense lawyer and former Winston & Strawn LLP partner Abbe David Lowell launched a new boutique Friday aimed at helping clients facing what it called "politicized investigations" by the government.

  • May 02, 2025

    FIFA Seeks Fees After Citation Mistakes In Antitrust Case

    FIFA is demanding attorney fees from plaintiffs for misusing artificial intelligence in an antitrust suit against the soccer federation in Puerto Rico, with a formatting error revealing that it is seeking more than $50,000 for work performed by Paul Weiss Rifkind Wharton & Garrison LLP and a local firm, according to court documents.

  • May 02, 2025

    JC Penney Says Emails Show Jackson Walker Hid Romance

    The wind down estate of J.C. Penney beefed up its allegations that Jackson Walker covered up a relationship between a former bankruptcy partner and Texas bankruptcy judge in an updated lawsuit to recover over $1 million in legal fees from its 2020 Chapter 11, shedding light on the firms emails with a public relations firm and outside ethics counsel.

  • May 02, 2025

    NJ Bankruptcy Judges May Be Tapped As Unpaid Mediators

    Bankruptcy judges may be among the jurists called upon to mediate New Jersey federal court cases without compensation, according to a proposed amendment to court rules.

  • May 02, 2025

    Law360's Legal Lions Of The Week

    Arnold & Porter Kaye Scholer LLP and Pilot Law PC lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that federally employed military reservists called to active duty during wartime or a national emergency are entitled to a top-up differential pay, regardless of their specific role.

  • May 02, 2025

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Corporate diversity policies are alive and thriving, according to a new report, although they are often taking on new names to dodge the anti-diversity backlash. Another new study warns that 60% of in-house lawyers are considering looking for a new job, primarily in search of higher pay and better benefits.

  • May 02, 2025

    Ex-Aide Hits Morgan & Morgan With Disability, Age Bias Suit

    A former legal assistant for personal injury law firm Morgan & Morgan PA has launched a disability and age discrimination suit against the personal injury firm in Florida state court alleging she received more work than younger employees and was told to work on the weekends without overtime pay.

  • May 02, 2025

    Head Of Calif. State Bar To Step Down After Botched Exam

    The leader of the State Bar of California, who oversaw the problem-plagued rollout of this year's state bar exam, will be leaving the organization when her contract expires in July, the bar announced Friday.

  • May 02, 2025

    Ex-Litigator, Wilson Elser Plan To Drop Bias Suit

    An ex-Wilson Elser Moskowitz Edelman & Dicker LLP litigator who sued the firm for allegedly firing him over his disabilities appears to have settled with his former colleagues, with both parties telling a New York federal judge on Friday they plan to dismiss the case.

  • May 02, 2025

    Legal Job Sector Stayed Strong In April Despite Economy

    The U.S. legal sector added 1,400 law-related jobs in April, marking the second straight month of improvement, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.

  • May 02, 2025

    A&O Shearman Ex-Partners Cite Leadership Gap Amid Exits

    Partners are still heading for the exit at Allen Overy Shearman Sterling in London, prompting lawyers to note that the firm’s top decision-makers are not based in the U.K. Here, former partners talk about leadership and the growing emphasis on billable hours at the firm.

  • May 02, 2025

    DC US Atty Pick Vows To Take On Judicial Threats

    Ed Martin, nominee to be U.S. attorney for the District of Columbia who is currently serving in the role on an interim basis, has told federal judges in D.C. he is concerned about the increase in threats to judges and pledged to work together to stop it.

  • May 02, 2025

    Trump Announces First Judicial Nominee Of 2nd Term

    President Donald Trump announced his first judicial nominee of his second administration late Thursday night.

  • May 01, 2025

    New Bill Holds Judges Accountable Even After They Retire

    A Georgia Congressman on Thursday introduced legislation that would ensure misconduct complaints against judges would still be investigated, even if the judge has resigned, retired or even died.

Expert Analysis

  • Series

    After Chevron: Creating New Hurdles For ESG Rulemaking

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    The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Series

    After Chevron: Rethinking Agency Deference In IP Cases

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    The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Series

    After Chevron: FCC And Industry Must Prepare For Change

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    The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.

  • Series

    After Chevron: Uniform Tax Law Interpretation Not Guaranteed

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    The loss of Chevron deference will significantly alter the relationship between the IRS, courts and Congress when it comes to tax law, potentially precipitating more transparent rulemaking, but also provoking greater uncertainty due to variability in judicial interpretation, say Michelle Levin and Carneil Wilson at Dentons.

  • Series

    After Chevron: Environmental Law May Face Hurdles

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    The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • Series

    After Chevron: Scale Tips Favor Away From HHS Agencies

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    The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.

  • Series

    After Chevron: FDA Regulations In The Crosshairs

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    The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: Expect Limited Changes In USPTO Rulemaking

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    The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.

  • Series

    After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • Series

    After Chevron: Impact On Indian Law May Be Muted

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    Agency interpretations of Indian law statutes that previously stood the test of judicial review ​are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.

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