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Business of Law
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May 16, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
An SEC enforcement officer has told business leaders to expect more empathy from the agency, as well as fewer outside compliance monitors. And an ousted ATF chief counsel is fighting back by co-founding a boutique law firm to defend federal workers in employment battles.
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May 16, 2025
American Arbitration Assoc. Accused Of Pro-Corp. Monopoly
The American Arbitration Association monopolizes the market for consumer arbitration and is "an unfair forum where consumers lose" to corporate defendants, according to a proposed consumer class action filed in Arizona federal court.
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May 16, 2025
Law360's Legal Lions Of The Week
Hogan Lovells and the Fomby Law Firm lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that courts must weigh the full sequence of events — not just the instant a threat arises — when deciding if police used excessive force.
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May 16, 2025
Justices Keep Pause On Some Venezuelan Removals
The U.S. Supreme Court on Friday reasserted that the Trump administration cannot remove from the country alleged Venezuelan gang members who are currently detained in northern Texas under the Alien Enemies Act while they challenge the president's invocation of the 1798 wartime law.
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May 16, 2025
Criminal Case Dropped Against Girardi In Illinois
An Illinois federal judge has nixed the criminal charges against disbarred attorney Tom Girardi after the government's move to dismiss the case, citing his age and conviction in California.
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May 16, 2025
Jackson Walker Criticizes JC Penney Fee Suit As 'Money Grab'
Jackson Walker LLP wants out of a fee suit brought by former client J.C. Penney, arguing that the bankrupt department store's wind-down debtors entered claims as a "leverage play and a money grab" after learning that a firm partner had engaged in a yearslong undisclosed relationship with a Texas bankruptcy judge.
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May 15, 2025
Each Justice's Key Comments At Universal Injunction Args
U.S. Supreme Court justices conducted a searching inquiry Thursday regarding the Trump administration's quest to curtail sweeping injunctions against its agenda, sometimes sounding sympathetic but also wary of alternative remedies and the White House's willingness to accept any future courtroom losses.
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May 15, 2025
Jenner & Block, WilmerHale Call Out Revoked Clearances
Jenner & Block LLP and WilmerHale have informed two D.C. federal judges that the government recently suspended some of their attorneys' security clearances, arguing that has thrown a wrench in the lawyers' ability to represent clients in cases and asking the courts to reverse the suspensions.
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May 15, 2025
Anthropic's Atty Says Client's Own AI Created Error In Filing
A Latham & Watkins LLP associate representing Anthropic in the artificial intelligence company's copyright fight with music publishers said Thursday that she used Anthropic's own Claude.ai tool to help draft an expert's declaration that included an erroneous citation, but she argued the error was "an honest citation mistake and not a fabrication of authority."
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May 15, 2025
Justices Wary Of Pausing Sweeping Injunctions In Birthright Case
A majority of the U.S. Supreme Court seemed eager Thursday to limit lower courts' use of universal injunctions generally, but several justices voiced concerns about the effect such a ruling would have on lawsuits challenging the constitutionality of President Donald Trump's executive order that aims to limit birthright citizenship.
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May 15, 2025
Durbin Says White House Skirting Blue-Slip Process For Noms
Sen. Dick Durbin, D-Ill., ranking member of the Senate Judiciary Committee, raised concerns Thursday that the White House is not fully complying with the practice of giving both home state senators a de facto veto over nominees for U.S. attorney and district judgeships.
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May 15, 2025
Trump Could Claw Back Defense Fees Under New Ga. Law
Georgia taxpayers could end up on the hook for President Donald Trump's legal expenses in his election interference case under a newly signed, Republican-backed state law that allows defendants to seek attorney fees when prosecutors are disqualified from their case.
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May 15, 2025
Judicial Aide's NY Sex Abuse Suit May Survive, Panel Hints
A New York state appellate panel has voiced doubts that a former judicial secretary's sex abuse lawsuit should have been dismissed, challenging the state court system's arguments that it didn't employ her and thus can't be held liable for any harms she suffered.
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May 15, 2025
Texas Senate OKs Bill Allowing 1st Amend. Suits Against Bar
The Texas Senate has passed a bill prohibiting the state bar from creating policies that affect bar members' First Amendment rights.
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May 15, 2025
Ex-LA DA's Atty's AI Use 'Affirmatively Misled' Special Master
The retired California federal judge serving as special master for former Los Angeles District Attorney Jackie Lacey's insurance coverage suit — stemming from her husband's holding a gun in their home's doorway in 2020 — has ordered litigation sanctions against Lacey's legal team, finding the lawyers submitted "bogus AI-generated research" that initially tricked the judge.
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May 15, 2025
Lima Accuses Foley Hoag Of Conflict In $200M Award Case
The Peruvian city of Lima has urged a D.C. federal court to vacate its confirmation of about $200 million in arbitral awards favoring a highway contractor, saying the municipality's former counsel at Foley Hoag LLP concealed a conflict of interest.
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May 14, 2025
NJ Attys Reveal Workplace Probe Tips Amid New Limits
Witness misunderstandings in workplace probes can be avoided by clarifying the terms of the interview and the roles of the participants, lawyers said Wednesday at the New Jersey State Bar Association's annual meeting in Atlantic City.
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May 14, 2025
NJ Attys Share Mass Tort Litigation Insights At Annual Meeting
Get to general cause issues as early as possible, take advantage of special masters and make sure local counsel knows the local rules — those are some of the tips New Jersey bar members took away Wednesday from an expert panel in Atlantic City on multicounty and multidistrict litigation in the Garden State.
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May 14, 2025
Trump's Unorthodox US Atty Picks May Face Learning Curve
While some of President Donald Trump's picks for U.S. attorney fit the typical mold — former federal prosecutors and BigLaw alums — others lack the type of court experience that can be crucial for effective office management and earning the respect of judges, experts say.
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May 14, 2025
Gibson Dunn Launches State Attorneys General Task Force
Gibson Dunn & Crutcher LLP has created a state attorneys general task force made up of subject matter experts and former government attorneys based in offices across the country, in what the firm says is an effort to improve services for clients across a range of subject matters and industries.
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May 14, 2025
DC Judge Restores Canceled ABA Domestic Violence Grants
A D.C. federal judge on Wednesday reinstated terminated federal grant funding for the American Bar Association's Commission on Domestic & Sexual Violence, finding that "the First Amendment prohibits the type of reprisal DOJ appears likely to have taken."
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May 14, 2025
Law360 Names Attys Who Moved Up The Firm Ranks In Q1
A promotion to partner or election to practice group chair means a slew of new responsibilities and also lots of well-deserved recognition. Law360 reveals the list of attorneys whose commitment to legal excellence earned them highly coveted spots in the law firm leadership ranks. Find out if your old legal friends — or rivals — moved up in the first quarter of the year.
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May 14, 2025
Judiciary To Share Pros, Cons Of AI For Courts With Congress
The federal judiciary is looking at the benefits and drawbacks of artificial intelligence for the court system and will share its discoveries with Congress, top officials testified on Wednesday.
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May 14, 2025
DOJ Says No Hiring Private Counsel From Firms Suing US
Deputy Attorney General Todd Blanche has issued a memo directing the U.S. Department of Justice to avoid engaging with firms that are suing the government over its policies or that represent clients in similar suits.
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May 14, 2025
Grassley Targets Universal Injunctions In Budget Negotiations
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, is looking to address universal injunctions as part of the budget reconciliation process, Law360 has learned.
Expert Analysis
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.