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Business of Law
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June 11, 2025
J&J's Beasley Allen DQ Bid Based On 'Innuendo,' Court Told
A California couple ripped Johnson & Johnson's renewed bid to block two Beasley Allen Law Firm attorneys from representing them in their suit accusing the company of selling carcinogenic talc-based baby powder, arguing the company's opposition is based largely on "innuendo" rather than proof of misconduct by the lawyers.
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June 11, 2025
Ex-Copyright Leader Says Firing Risks 'Inoperable' Agency
The fired leader of the U.S. Copyright Office has asked a D.C. federal judge to block the Trump administration's action while she challenges her termination, arguing that significant functions of the government agency could be rendered "inoperable" without judicial intervention.
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June 10, 2025
Judiciary Panel Advances New Rules On Amici, AI, Subpoenas
The federal judiciary's top policy panel Tuesday propelled revamped rules regarding numerous hot legal topics, including artificial intelligence, "dark money" groups bankrolling amicus briefs and the subpoena powers of courts and defense counsel.
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June 10, 2025
NJ Rep. LaMonica McIver Indicted Over ICE Facility Incident
U.S. Rep. LaMonica McIver has been charged with forcibly impeding and interfering with federal officers during her inspection of a Newark, New Jersey, immigration detention facility last month, the U.S. Department of Justice announced Tuesday.
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June 10, 2025
Feds Reboot FCPA Agenda With Narrower Enforcement Focus
The U.S. Department of Justice on Tuesday released new and tightened guidelines for enforcement of the Foreign Corrupt Practices Act after a four-month pause on such prosecutions, centering prospective investigations on situations that affect U.S. competitiveness and national security as well as transnational cartels.
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June 10, 2025
ABA 'Surprised And Disappointed' By DOJ Shunning
The American Bar Association on Tuesday defended its long-standing process for reviewing judicial nominees and said Attorney General Pam Bondi was wrong to call the group an "activist organization."
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June 10, 2025
Key Insights On Looming Fair Use Rulings In AI Cases
Two California federal judges have indicated they are inclined to find that using copyrighted material to train artificial intelligence systems is transformative, which usually means that copying a work is fair, but that may not let Meta Platforms and Anthropic off the hook in separate lawsuits.
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June 10, 2025
State Chief Justices Blast Plans To Cut Legal Services Corp.
A coalition of 37 state Supreme Court chief justices have asked federal lawmakers to reject President Donald Trump's plans to eliminate the Legal Services Corp., arguing that the "justice system is hobbled when citizens are deprived of legal counsel."
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June 10, 2025
House Conservatives Push Senate To 'Rein In' Judges
House conservatives are imploring their Senate counterparts to do more to "rein in" federal judges with the budget reconciliation package.
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June 10, 2025
Top CFPB Enforcer Quits Over 'Devastating' Agency Pullback
The Consumer Financial Protection Bureau's top enforcement official resigned Tuesday, saying she can no longer effectively do her job under leadership that "has no intention to enforce the law in any meaningful way."
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June 10, 2025
Mass. Court-Appointed Attys Hit 'Boiling Point' Over Low Pay
Hundreds of private attorneys in Massachusetts who are paid by the state to represent indigent defendants and others have stopped accepting new court-appointed cases over complaints about low pay, putting the system on what one veteran advocate called "the verge of imploding."
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June 10, 2025
SEC's Investment Management Chief Greiner To Leave Agency
U.S. Securities and Exchange Commission veteran Natasha Vij Greiner is stepping down as the director of the agency's investment management division, ending a nearly 24-year career serving the SEC in multiple roles, regulators announced Tuesday.
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June 10, 2025
Wis. Judge Can't Wield Immunity For Obstructing ICE, DOJ Says
The U.S. Department of Justice has urged a Wisconsin federal judge to reject a state court judge's argument that judicial immunity blocks her prosecution for allegedly obstructing an ICE arrest at a Milwaukee courthouse, saying that while judges may be immune from civil liability for official acts, they are not shielded from prosecution for supposedly criminal conduct.
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June 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.
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June 09, 2025
2nd Circ. Affirms Dechert's Victory Over Hacking Suit
The Second Circuit on Monday refused to revive a North Carolina trade executive's lawsuit alleging hacking by a private investigator on Dechert LLP's behalf, ruling in a nonprecedential opinion that a district judge's failure to review disputed portions of a magistrate judge's recommendation to dismiss the suit was ultimately harmless.
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June 09, 2025
Senate Confirms Brett Shumate To Head DOJ Civil Division
The Senate voted 51-41 along party lines on Monday evening to confirm Brett Shumate to be assistant attorney general for the Civil Division of the U.S. Department of Justice.
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June 09, 2025
Judge Denies Obstructing ICE As Disciplinary Hearing Begins
An attorney for a Massachusetts state judge, who was accused of plotting to let a man wanted by immigration agents escape out of a back door of a courthouse in 2018, said at the start of a disciplinary inquiry Monday that the judge did not know about the plan, pointing the finger at the wanted man's lawyer.
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June 09, 2025
Speaker Johnson Defends AI Moratorium In Reconciliation Bill
House Speaker Mike Johnson, R-La., gave a full-throated defense on Monday of the AI moratorium included in the House's version of the budget reconciliation bill, which has drawn bipartisan criticism.
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June 09, 2025
Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul
The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.
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June 09, 2025
Vice Chancellor Wants Clarity On Del. Corporate Law Change
Citing "an important and urgent" need, a Delaware vice chancellor has asked the state supreme court to rule on the constitutionality of recent corporate law amendments providing conflicted directors or controlling investors expanded "safe harbor" liability shields for contested actions.
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June 09, 2025
Titan Of The Plaintiffs Bar: Hagens Berman's Steve W. Berman
Steve Berman turned 70 recently, and his long career as one of the nation's foremost plaintiffs attorneys is now littered with society-changing milestones and multibillion-dollar courtroom victories. Even so, he hasn't slowed down a wink.
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June 09, 2025
WilmerHale Seeks Full Fed Compliance On Struck-Down Order
WilmerHale is asking a D.C. federal judge to make clear that a ruling invalidating an executive order against the firm applies to all federal agencies subject to President Donald Trump's directives.
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June 09, 2025
Boies Schiller Faces DQ Bid In Law Firms' Battle In Florida
Boies Schiller Flexner LLP and its attorney Sashi C. Bach are facing a disqualification bid in a Florida state court case between pharmaceutical mass tort firms and their former counsel, with the suing firms arguing that Boies Schiller cannot represent its co-defendants because of a conflict.
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June 09, 2025
Pro Bono Civil Counsel Not A Guarantee, 7th Circ. Rules
In a precedential ruling, the Seventh Circuit has found that a federal court in Peoria, Illinois, did not err when it ended the search for a pro bono attorney to represent a prisoner in a civil rights suit over medical care provided behind bars because it could not find willing counsel.
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June 09, 2025
Fla. Bar Rejects Ethics Probe Of Bondi While She's In Office
The Florida Bar has told a group of lawyers, law professors and former judges that it will not open an ethics investigation into Pam Bondi's actions as attorney general, saying in a letter that it doesn't "investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office."
Expert Analysis
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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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.