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Business of Law
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May 23, 2025
Law360's Legal Lions Of The Week
Latham & Watkins LLP leads this week's edition of Law360 Legal Lions, after a deadlocked U.S. Supreme Court left in place an Oklahoma state court ruling barring the launch of the nation's first religious charter school.
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May 23, 2025
Taxation With Representation: Troutman, A&O Shearman
In this week's Taxation With Representation, Blackstone acquires TXNM Energy, OpenAI buys io Products, Lumen Technologies sells its Mass Markets fiber-to-the-home business in 11 states to AT&T, and AMD sells its data center infrastructure manufacturing business to Sanmina.
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May 23, 2025
Southwest Flight Attendant Fights To Revive Nixed Sanctions
A flight attendant urged the Fifth Circuit to reconsider its move to axe a contempt order against Southwest Airlines in her wrongful termination suit, arguing it shouldn't be scrapped just because the panel took issue with court-ordered religious liberty training for Southwest attorneys.
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May 23, 2025
Alarms Sound As DOJ Anti-Corruption Unit Withers
Created in the aftermath of the Watergate scandal as a guardrail against government corruption and politically motivated criminal prosecutions, the Justice Department's Public Integrity Section has been stripped down under the Trump administration to a skeleton crew with severely limited responsibilities, potentially opening the door for improper prosecutions and eliminating a knowledge base built up over decades.
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May 22, 2025
Sen. Durbin Holds Up Florida US Attorney Nominee
Sen. Dick Durbin, the ranking Democrat on the Senate Judiciary Committee, announced Thursday he will be holding up President Donald Trump's U.S. attorney nominee for the Southern District of Florida, blaming precedent set by Vice President JD Vance when he was in the Senate.
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May 22, 2025
'Circular Firing Squad' Is Stalling Romance Case, Judge Says
A Texas federal judge told Jackson Walker LLP and Kirkland & Ellis LLP that they were stuck in a "circular firing squad" in a debate over whether the former CEO of a defunct barge company could sue the firms over a former bankruptcy judge's secret romance with an attorney.
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May 22, 2025
As Trump Wields FCA, Whistleblowers May See 'Dollar Signs'
The Trump administration's plan to use the False Claims Act to target diversity programs and alleged civil rights fraud steers a well-worn statute into uncharted territory, and could spur significant whistleblower activity amid high-profile battles with Harvard University, BigLaw firms and other institutions, experts told Law360.
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May 22, 2025
Justices Allow Trump To Fire NLRB, MSPB Members, For Now
The U.S. Supreme Court on Thursday ruled two fired members of the National Labor Relations Board and the Merit Systems Protection Board cannot return to work while they challenge President Donald Trump's authority to fire them without cause, handing the president a win in his crusade against a 90-year-old precedent limiting his power to fire employees at independent agencies.
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May 22, 2025
Fox Rothschild, Litigation Funder Sued Over NJ Crash Loans
A former client is suing a Perth Amboy, New Jersey, personal injury firm, a litigation funder and Fox Rothschild LLP for allegedly steering him into multiple loans during his car accident suit with exorbitant interest rates that left him owing more money than his settlement was worth.
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May 22, 2025
BigLaw Firms Insist Trump Deals Are Legal, Don't Alter Values
Nine BigLaw firms including Skadden Arps Slate Meagher & Flom LLP, Latham & Watkins LLP and Kirkland & Ellis LLP have written to members of Congress defending controversial agreements they made with the Trump administration to avoid executive orders targeting the firms, according to letters obtained by Law360 on Thursday.
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May 22, 2025
Ex-Troutman Atty Drops Retaliation Suit Against Major Lindsey
An associate attorney who sued Major Lindsey & Africa LLC alleging the legal recruiter refused to work with her due to her underlying race discrimination suit against Troutman Pepper permanently dropped her suit Thursday.
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May 22, 2025
Del. Considering Exam Alternatives For Admitting Attys To Bar
Delaware's judiciary announced Thursday that the state's Supreme Court is establishing a task force that will make recommendations by next year if the First State should pursue alternative pathways other than having to take an exam for attorneys to gain admission into its bar.
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May 22, 2025
US Trustee, Jackson Walker Might Mediate Fee Case
The U.S. Trustee's Office and Jackson Walker LLP told a Texas federal judge Thursday they are open to mediating the watchdog's bid to have the law firm forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a onetime firm partner.
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May 22, 2025
High Court Declines To Narrow Reach Of Federal Fraud Law
The U.S. Supreme Court on Thursday held that using deceptive means to induce a business transaction may still be a crime even if the defendant doesn't seek to cause economic loss, a departure from earlier decisions that have narrowed the scope of federal fraud statutes.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
Expert Analysis
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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.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Perspectives
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Roundup
Law School's Missed Lessons
In this Expert Analysis series, attorneys offer advice on navigating real-world aspects of legal practice that are often overlooked in law school.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.