Business of Law

  • July 21, 2025

    Revived Effort To Break Up 9th Circ. Makes Its Way To Senate

    Idaho Republicans have reintroduced a U.S. Senate bill that looks to split up the Ninth Circuit and create a new Twelfth Circuit, according to an announcement made Monday, roughly nearly seven months after a similar bill was introduced in the House.

  • July 21, 2025

    Md. Judges Slam 'Unprecedented' Suit Over Habeas Orders

    Maryland federal judges on Monday pressed a Virginia federal judge to throw out the Trump administration's "unprecedented" suit challenging their standing order that temporarily blocks deportation of detained noncitizens who file habeas petitions, warning that if the suit succeeds, "it will not be the last."

  • July 21, 2025

    SEC Lifts FINRA Ban For Atty Accused Of Cheating On Exam

    A divided U.S. Securities and Exchange Commission has lifted an industry ban placed on a former SEC enforcement attorney who was deemed by the Financial Industry Regulatory Authority to have cheated on a securities exam, finding there was no conclusive evidence of cheating.

  • July 21, 2025

    Fla. Judge Pick Probed On Trump Case, Nomination Timing

    A judicial nominee for the Southern District of Florida has fielded more questions from Democrats who have suggested that he ruled in favor of President Donald Trump and repeated the president's "partisan talking points" while simultaneously being vetted for a federal judgeship.

  • July 21, 2025

    Sens. Float Bill To Protect Against AI Data Piracy

    Federal lawmakers said Monday that they are floating a measure that would give creators the right to sue companies that use their work to train artificial intelligence models without their permission, a move that comes amid concerns over AI and intellectual property.

  • July 21, 2025

    How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout

    No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.

  • July 21, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.

  • July 21, 2025

    NY Judge Wants Atty To Explain Bogus AI Citations

    A federal judge wants a New York attorney to explain himself after he potentially used artificial intelligence to write his response to an order she issued concerning his use of AI to write an earlier brief that cited nonexistent cases.

  • July 21, 2025

    Robinson & Cole Ducks Recruiter's Contract Breach Suit

    A Connecticut federal judge has granted summary judgment to Robinson & Cole LLP in a legal recruiter's contract breach suit, determining that under its terms with the recruiter, none of the information disclosed to a second company violated the original agreement between the two sides. 

  • July 21, 2025

    NJ US Atty Accused Of Ethics Violations Amid Possible Exit

    A group of ethics experts and former presidential advisors requested an ethics investigation into interim U.S. Attorney for New Jersey Alina Habba on Monday, as she reportedly approaches the end of her run as the top federal prosecutor in the Garden State.

  • July 21, 2025

    Bronx Defenders Reaches Tentative Deal To End Strike

    The union representing staff attorneys for the Bronx Defenders — one of several member shops of the Association of Legal Advocates and Attorneys that went on strike last week — has reached a tentative contract agreement with their managers.

  • July 21, 2025

    Trump DOJ To Appeal Axing Of Order Targeting Jenner & Block

    The U.S. Department of Justice plans to fight a federal judge's ruling that struck down President Donald Trump's executive order targeting Jenner & Block LLP, as it filed a notice of appeal Monday in D.C. federal court.

  • July 21, 2025

    Trump Admin's Harvard Cuts Vex Judge: 'Staggering To Me'

    A Massachusetts federal judge said Monday that the Trump administration has not presented evidence that Harvard has failed to address antisemitism on its campus and expressed bewilderment at the government's legal justifications for cutting $2.2 billion in funding.

  • July 21, 2025

    Senate Panel To Revote On US Atty Noms After Dem Walkout

    The Senate Judiciary Committee is poised to revote on five U.S. attorney nominees on Thursday, including Jeanine Pirro, former Fox News host and New York state judge, after Democrats walked out of last week's meeting over objections to how the consideration of controversial Third Circuit nominee Emil Bove was being handled.

  • July 21, 2025

    States Embrace Second Look Laws To Reward Rehabilitation

    Criminal justice reform advocates have in recent years found an effective weapon against the effects of lengthy mandatory minimum sentences, convincing states to enact "Second Look" laws that enable judges to reward people in prison who show rehabilitation by shortening their original sentence.

  • July 21, 2025

    Pot Drink Co.'s Case Belongs In Arbitration, Stoel Rives Says

    Stoel Rives LLP and a group of its clients are urging a California federal court to send a fraud suit brought by a maker of nonalcoholic cannabis drinks back to arbitration, arguing all the claims are subject to a valid arbitration agreement.

  • July 18, 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.

  • July 18, 2025

    Trump Files $10B Defamation Suit Over WSJ Epstein Story

    President Donald Trump filed a $10 billion defamation suit Friday against The Wall Street Journal over its July 17 article reporting that he was among friends who sent a "bawdy" letter to Jeffrey Epstein for his 50th birthday, calling the article "false, defamatory and malignant."

  • July 18, 2025

    ​​​​​​​3rd Circ. Pick 'Respected' By Trump, Mysterious To Senators

    The senior White House lawyer nominated to represent Delaware on the Third Circuit is a constitutional scholar and presidential immunity defender touted as "highly respected" by President Donald Trump, although some Delaware lawmakers have questioned her ties to the First State.

  • July 18, 2025

    Geragos Owes $100K For Role In Nike Extortion, Jury Says

    Celebrity attorney Mark Geragos was ordered to pay $100,000 to a youth basketball coach by a Los Angeles jury that found he aided and abetted disbarred lawyer Michael Avenatti in a failed attempt to extort Nike that landed Avenatti with a 2½ year prison sentence.

  • July 18, 2025

    California Courts Set AI Rules Allowing Flexibility For Judges

    The Judicial Council of California approved a policy Friday for rules and standards on the use of generative artificial intelligence for judges and court staff, with the chair of the council's AI task force saying the policy provides flexibility by allowing courts to either adopt the technology or ban it.

  • July 18, 2025

    Ex-CEO Again Pushes For Standing In Judge Romance Case

    The former CEO of a defunct barge company has again urged a court to rule that he has standing to sue over a former bankruptcy judge's secret romance with an attorney, writing in a supplemental filing that "certain issues" had "not been fully briefed."

  • July 18, 2025

    NYC Legal Services Strike Continues To Grow

    A strike by hundreds of legal service workers in New York City grew even larger on Friday after three more member shops of the Association of Legal Aid Attorneys joined the picket line.

  • July 18, 2025

    Trump Asks Supreme Court To Decline Early Tariff Challenge

    President Donald Trump's administration urged the U.S. Supreme Court to reject a request from Illinois-based toy makers to hear their challenge against the White House's global tariffs, arguing the justices should not "leapfrog" parallel proceedings in circuit courts.

  • July 18, 2025

    Law360's Legal Lions Of The Week

    Shapiro Arato Bach LLP leads this week's edition of Law360 Legal Lions, after the Second Circuit overturned the conviction of a former HSBC executive accused of defrauding a Scottish oil and gas company in a $3.5 billion currency exchange deal.

Expert Analysis

  • The Metamorphosis Of The Major Questions Doctrine

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    The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • Opinion

    State Bars Must Probe Misconduct Claims, Even If It's The AG

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    The Florida Bar’s recent refusal to look into misconduct allegations against Attorney General Pam Bondi is dangerous for the rule of law, and other lawyer disciplinary bodies must be prepared to investigate credible claims of ethical lapses against any lawyer, no matter their position, say attorneys James Kobak and Albert Feuer.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

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