Business of Law

  • July 18, 2025

    Judge Unsure Of Alternatives To Nationwide Birthright Ruling

    A Massachusetts federal judge on Friday wrestled with how the government would implement any alternatives to a nationwide block on President Donald Trump's order limiting birthright citizenship and what type of decision would comply with recent high court precedent.

  • July 18, 2025

    Seven Months In, Race-Blind Charging Faces Test In Calif.

    In January, California adopted race-blind charging as a statewide policy, after a law passed in 2022 went into effect. Now, seven months into the program's statewide rollout, race-blind charging is showing both promise and limitations.

  • July 18, 2025

    Nadine Menendez Attys Say Relationship Has 'Broken Down'

    One of the law firms representing former U.S. Sen. Robert Menendez's wife in her bribery case told a New York federal judge Friday that it wants to leave the matter because the attorney-client relationship has "broken down."

  • July 18, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen the former owner of British oil refinery Prax Group sued following the collapse of his business empire, a unit of Shard Credit Partners target a married couple believed to have inflated the value of their companies before selling them, and Aerofoil Energy reignite patent action against AFE Group over the design of its F1-inspired cooling units.

  • July 17, 2025

    LA Ex-Judge Admonished For 'Discourteous,' 'Demeaning' Talk

    California's Commission on Judicial Performance has publicly admonished a retired Los Angeles state judge for a pattern of "discourteous, undignified and impatient" behavior that also involved "demeaning" remarks toward women, findings that the judge said don't reflect "the full complexity of the circumstances."

  • July 17, 2025

    SEC Atty Exits After Hiding Revoked License, OIG Says

    A longstanding employee of the U.S. Securities and Exchange Commission resigned after it was discovered that they had falsely reported being in good standing with a state bar association, according to the regulator's inspector general.

  • July 17, 2025

    6 Cases For Patent Attys To Watch In The Second Half Of 2025

    The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.

  • July 17, 2025

    Wis. Senators Send List Of Bipartisan 7th Circ. Picks To Trump

    The senators from Wisconsin, one Republican and one Democrat, have sent President Donald Trump a list of five candidates for the seat of the Seventh Circuit that is slated to open in October.

  • July 17, 2025

    5 Things To Know As California Courts Decide On AI Rule

    Fourteen months after California Supreme Court Chief Justice Patricia Guerrero first convened a task force to study potential benefits and risks of using artificial intelligence in the court system, the Judicial Council of California is poised Friday to consider the proposed rules and standards the task force developed.

  • July 17, 2025

    J&J Loses Bid To DQ Beasley Allen From Talc MDL Committee

    A New Jersey federal judge on Thursday denied Johnson & Johnson's bid to remove the Beasley Allen Law Firm from the plaintiffs steering committee in the multidistrict talc litigation but said that changes would be made to the committee's structure.

  • July 17, 2025

    Wisconsin Bar Settles Atty's Legal Challenge Over DEI Efforts

    The State Bar of Wisconsin has settled a lawsuit from a lawyer challenging its diversity, equity and inclusion efforts, with the agency agreeing to apply a tweaked definition of diversity to two leadership programs.

  • July 17, 2025

    CFTC Restructures Enforcement Division Amid Layoffs

    The Commodity Futures Trading Commission plans to lay off around two dozen staff members and has restructured its enforcement division by eliminating some management positions, a person familiar with the matter told Law360 Thursday.

  • July 17, 2025

    Israel Criticism Isn't Antisemitism, Judge Tells DOJ Lawyers

    A Massachusetts federal judge overseeing a free speech trial over deportation actions targeting pro-Palestinian students and faculty said Thursday that "criticism of the state of Israel is not antisemitism," and that even the most "vile" statements, absent threats or violence, are protected by the First Amendment.

  • July 17, 2025

    Fla. Law Firm Zumpano Patricios Hit With Data Breach Suit

    Miami-headquartered national law firm Zumpano Patricios is facing a proposed class action in Florida federal court accusing the firm of failing to protect sensitive information, including dates of birth and healthcare payments, that was compromised in a May data breach.

  • July 17, 2025

    Former Microsoft GC Remembered As Rule Of Law Champion

    Former American Bar Association President William H. "Bill" Neukom, the first head lawyer for Microsoft and a longtime partner at a predecessor firm to K&L Gates LLP, has died at age 83, the bar said Wednesday.

  • July 17, 2025

    US Trustee Says Constitution Bars Jackson Walker Jury Trial

    The federal government's bankruptcy watchdog told a Texas federal judge that under the Seventh Amendment, Jackson Walker LLP isn't entitled to a jury trial in its fee dispute stemming from a former bankruptcy judge's secret relationship with a onetime partner.

  • July 17, 2025

    Dems Walk Out On Vote Of Emil Bove For 3rd Circ.

    The Democrats on the Senate Judiciary Committee walked out of the vote on Emil Bove's Third Circuit nomination on Thursday morning after Sen. Cory Booker, D-N.J., accused committee chair Sen. Chuck Grassley, R-Iowa, of subverting committee rules by not acknowledging his request to speak and rushing through the nomination.

  • July 17, 2025

    Watchdog Raises Concerns On 9th Circ. Nominee's Crypto Work

    President Donald Trump's nominee for the Ninth Circuit has a long record of representing cryptocurrency companies, which a watchdog group fears could aid what it calls the president's "self-enrichment" with digital currency.

  • July 16, 2025

    Nonprofits Taking Immigrant Legal Aid Fight To DC Circ.

    Nonprofit groups that are trying to stop the U.S. Department of Justice from cutting off funding to four programs that provide legal information to noncitizens are taking their fight with the Trump administration to the D.C. Circuit after a federal judge killed their lawsuit.

  • July 16, 2025

    Trump Taps Ex-Thomas, Kavanaugh Clerk For 3rd Circ.

    President Donald Trump announced on social media Wednesday that he has chosen a Catholic University of America law professor, who is currently serving in the White House Counsel's office and has clerked for U.S. Supreme Court Justices Clarence Thomas and Brett Kavanaugh, to serve on the Third Circuit.

  • July 16, 2025

    Fired Davis Polk Associate Claims BigLaw Stifles Dissent

    A former Davis Polk & Wardwell LLP associate who says he was fired last month after writing a series of columns critical of the Trump administration is speaking out about what he claims are BigLaw policies that stifle dissenting voices in the legal profession.

  • July 16, 2025

    Mass. Judges To Mull Dismissals Amid Defender Pay Standoff

    Nearly two months after many court-appointed attorneys in Massachusetts stopped accepting new cases over what they say is poor pay, a solution still appears elusive, even as judges will soon start hearing motions to dismiss cases under an emergency order issued by a state high court justice.

  • July 16, 2025

    Justice Kavanaugh Pauses 8th Circ.'s Voting Rights Ruling

    Supreme Court Justice Brett Kavanaugh on Wednesday administratively paused an Eighth Circuit decision to vacate two North Dakota tribes' challenge to two of the state's voting laws, pending the outcome of a forthcoming petition to the full high court.

  • July 16, 2025

    States Push To Keep Nationwide Block On Birthright Order

    A coalition of states told a Massachusetts federal court Tuesday that nothing less than a nationwide injunction can provide complete relief in the states' case against President Donald Trump's executive order targeting birthright citizenship.

  • July 16, 2025

    Legal Aid Union Avoids Bias Claims Over Disciplinary Attempt

    A legal aid attorneys' union didn't violate antidiscrimination laws by moving to discipline three members after they sued to block a controversial pro-Palestine resolution, but it may have violated labor law, a New York federal judge said, letting a trimmed version of the members' lawsuit against the union proceed.

Expert Analysis

  • DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

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    The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

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