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Business of Law
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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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.
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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."
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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.
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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.
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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.
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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."
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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.
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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.
Expert Analysis
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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.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Roundup
Law School's Missed Lessons
In this Expert Analysis series, attorneys offer advice on navigating real-world aspects of legal practice that are often overlooked in law school.