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Business of Law
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October 23, 2025
Derailment Counsel Fee Provision 'Troubles' 6th Circ. Judge
A three-judge Sixth Circuit panel on Thursday seemed skeptical that counsel representing victims of the fiery 2023 train derailment in East Palestine, Ohio, was blindsided by a "quick-pay" provision in the attorney fee agreement that saw class lawyers get paid before their clients.
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October 23, 2025
McGuireWoods Asks NC Justices To Stay Defamation Case
McGuireWoods LLP and a former partner are asking North Carolina's highest court to halt a defamation case over statements made in connection with an investigation into the former CEO of a managed care organization, saying they risk permanently losing their immunity defense if the suit is allowed to move forward.
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October 23, 2025
Squire Patton Boggs Partner Confirmed To Kentucky Bench
The Senate voted 48-45, along party lines, on Thursday to confirm former Kentucky Solicitor General and Squire Patton Boggs LLP partner Chad Meredith to the Eastern District of Kentucky.
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October 23, 2025
Judges Admit AI Missteps After Grassley's Oversight Push
Federal judges in New Jersey and Mississippi admitted their staff used artificial intelligence in faulty orders they had to redo over the summer, according to correspondence released Thursday by Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, who is investigating the matter.
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October 22, 2025
5th Circ. Judge Oldham Repudiates 'Holy Rule' For Precedents
The Fifth Circuit's bedrock principle of strictly following even the most "extreme outlier judgments" of circuit panels is "deeply inconsistent with the federal judicial function," U.S. Circuit Judge Andrew S. Oldham said Wednesday night at a high-profile Heritage Foundation event.
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October 22, 2025
Baker McKenzie Partner Hired Security In Dispute With Ex-Atty
The managing partner of Baker McKenzie's Washington, D.C., office told a Maryland state judge Wednesday that he has had to employ a protective detail because of harassment and threats from a former firm associate who he says falsely accused him of sexual assault.
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October 22, 2025
Gilstrap, Albright Flouting Venue Law, Fed. Circ. Told
The Federal Circuit is being asked to step in and decide if two well-known Texas federal judges, U.S. District Judges Rodney Gilstrap and Alan Albright, have been flouting patent venue law by refusing to transfer out infringement cases if any step of the patented method was performed in their section of the Lone Star State.
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October 22, 2025
Holland & Hart Partner Confirmed To Montana Seat
The U.S. Senate voted 52-45, along party lines, Wednesday evening on the confirmation of William Mercer, a Holland & Hart LLP partner and veteran government attorney, to the District of Montana.
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October 22, 2025
Farmers' Ohio Deal Is Latest Amid Banking M&A Surge
Farmers National Banc Corp. said Wednesday it has agreed to purchase Middlefield Banc Corp. for $299 million, amid a record-breaking run for banking deals that experts tell Law360 is being fueled by more favorable regulatory dynamics and years of pent-up demand.
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October 22, 2025
The Law360 Pulse Prestige Leaders: A Look At The Top Firms
Clients flock to firms with prestigious reputations, and so does top talent. Here's a peek at the top 10 firms in this year's Law360 Pulse Prestige Leaders — a ranking of law firms the industry recognizes for their prominence, power and distinction.
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October 22, 2025
Squires Confirms USPTO Has Funds To Last The Year
The U.S. Patent and Trademark Office has enough funds to last through the year in the event that the government shutdown continues, Director John Squires told agency personnel on Wednesday.
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October 22, 2025
Tax Court Judge Warns Against Unchecked AI Use In Filings
A U.S. Tax Court judge cautioned attorneys Wednesday against relying on artificial intelligence to write filings without verifying the information it generates, saying recent "unfortunate incidents" have prompted the court to double down on accuracy in using such tools.
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October 22, 2025
Presidential Firing Limits Fight Builds At High Court
The ousted U.S. Merit Systems Protection Board chair has encouraged the U.S. Supreme Court to include a caveat for "legislative courts" if it overturns precedent that empowers Congress to limit the president's authority to fire certain agency officials, but opponents of independent agencies want a clean break from the status quo.
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October 22, 2025
Racial, Class Gaps Persist In Strong Year For Law Grad Hiring
Employment for the class of 2024 reached near-record levels, but graduates from underrepresented backgrounds were less likely to secure attorney positions or judicial clerkships, according to newly released data from the National Association for Law Placement.
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October 22, 2025
Former Jack Smith DOJ Leaders Launch DC Boutique
Two attorneys who supported former special counsel Jack Smith in his criminal prosecutions of Donald Trump have now launched a boutique law firm that will specialize in services such as criminal defense and helping state and local governments handle public corruption investigations.
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October 22, 2025
Ex-NY AGs Say James Case Will Rally Office: 'Fuel To The Fire'
New York Attorney General Letitia James' criminal prosecution is unlikely to have any significant effect on the day-to-day operations of her office, including its suits against the federal government and an appeal in President Donald Trump's nearly $500 million civil fraud case, but former leaders of the office say it could strengthen the resolve of her staff.
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October 22, 2025
Kirkland Partner, Ex-Sen. Cornyn Counsel Tapped For US Atty
A Dallas-based Kirkland & Ellis LLP litigation partner who previously served as U.S. Sen. John Cornyn's chief counsel has been nominated as U.S. attorney for the Northern District of Texas.
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October 22, 2025
La. Justice Faces Questions On Campaigns At Nom Hearing
Two nominees for Louisiana federal court positions appeared before the U.S. Senate Judiciary Committee on Wednesday, including a state Supreme Court justice who faced Democratic questions about the election process for his current role.
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October 21, 2025
Trump Special Counsel Pick Backs Out Over Lack Of Support
President Donald Trump's pick to lead the U.S. Office of Special Counsel, the independent agency tasked with safeguarding federal employees, on Tuesday announced he was withdrawing his nomination over a lack of Republican support, following a news report that he sent a series of racist text messages.
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October 21, 2025
Patent Landscape Shifts As Squires Takes On Key PTAB Role
The announcement that U.S. Patent and Trademark Office Director John Squires will now make all decisions on whether to institute America Invents Act patent reviews is expected to reshape litigation, by leading fewer accused companies to file challenges, attorneys say.
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October 21, 2025
Trump Defends $10B WSJ Suit, Calling Epstein Letter A 'Fake'
President Donald Trump is defending his $10 billion defamation suit against The Wall Street Journal over an article reporting that he sent a "bawdy" birthday letter to late sex offender Jeffrey Epstein, telling a Florida federal judge the newspaper tried to "characterize the fake, salacious letter as correspondence among ordinary friends."
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October 21, 2025
Baker McKenzie Can't Get Illinois Malpractice Suit Tossed
An Illinois state judge has refused to dismiss a private equity firm's malpractice suit accusing Baker McKenzie of botching a client's bid to reacquire a Russian coal mine, saying the plaintiffs have sufficiently pled claims sustainable under both Illinois and Russian law at this stage of the case.
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October 21, 2025
NY Courts Can't Shield Memos To State Judges
The New York State Office of Court Administration may have to finally turn over a batch of "secret memos" that instruct state judges on how to interpret the law, the state's highest court ruled Tuesday.
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October 21, 2025
Colo. Federal Courts Halt Atty Discipline For Shutdown
The U.S. District Court for the District of Colorado has suspended all attorney discipline investigations in light of the government shutdown.
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October 21, 2025
Fla. Investor Sues NY Atty Over Litigation Funding 'Scheme'
A New York lawyer is facing state court claims alleging he scammed a Florida investor out of more than $2.5 million by "effectively running a Ponzi scheme" under the guise of a litigation finance investment.
Expert Analysis
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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A Day In The In-House Life
This Expert Analysis series follows in-house fintech counsel on an average workday as they grapple with everything from regulatory challenges and product launches to work-life balance and lunch orders.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.