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Business of Law
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May 20, 2025
'Not A Denny's': 5th Circ. Judge Chides High Court Stopwatch
The Fifth Circuit on Tuesday expedited a case brought by Venezuelans who are accused of being gang members and who are challenging the use of a 1798 wartime law to deport them to an El Salvador prison, with one judge chastising the U.S. Supreme Court's majority for allowing the appeal to move forward.
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May 20, 2025
Dem Lawmakers Reintroduce Supreme Court Ethics Bill
Two Democratic lawmakers on Tuesday reintroduced bills in the House and Senate that would require the U.S. Supreme Court to adopt a binding ethics code and create new recusal and disclosure standards for the nine justices.
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May 20, 2025
DOJ Watchdog Asked To Probe AG's Trump Media Stock Sales
Rep. Jamie Raskin of Maryland, the ranking Democrat on the House Judiciary Committee, on Tuesday urged the U.S. Department of Justice's inspector general to investigate Attorney General Pam Bondi's sale of millions of dollars' worth of shares in Trump Media just ahead of the stock market plunging.
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May 20, 2025
SEC Chair Says Staff Exits Have Left Holes In Agency
U.S. Securities and Exchange Commission Chair Paul Atkins told Congress Tuesday that the agency has lost hundreds of employees in recent months due to voluntary buyouts and early retirement incentives, and that some now-missing expertise will need to be replaced.
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May 20, 2025
Injunction On Trump Order Limited To Perkins, Judge Clarifies
A D.C. federal judge on Tuesday clarified the scope of her injunction blocking President Donald Trump's executive order targeting Perkins Coie LLP, explaining that her ruling prohibits the president from directing government agencies to investigate only Perkins Coie's employment practices and not the other BigLaw firms.
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May 20, 2025
The Alien Enemies Act Cases: A Roundup
Litigation over President Donald Trump’s March 14 proclamation invoking the 1798 Alien Enemies Act has moved at breakneck speed, spurring two U.S. Supreme Court decisions already while at least five different districts weigh his authority to invoke the wartime law. Here, Law360 catches you up on major developments in the litigation.
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May 20, 2025
CFPB's Guidance Purge May Have Limited Impact For Industry
The Trump administration's recent culling of Consumer Financial Protection Bureau guidance may help advance the agency's pivot to lighter-touch regulation, but consumer advocates and even some financial services attorneys say the rescinded policies could still shape litigation and leave companies guessing about the agency's current views.
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May 20, 2025
Amazon, Apple Get Atty Fees Over Dropped Antitrust Plaintiff
A Washington federal judge on Tuesday ordered an ousted lead plaintiff's counsel in a proposed antitrust class action against Amazon and Apple to pay a combined $223,000 in attorney fees to the defendants after finding last month that the lawyers had failed to tell the court that their client had abandoned the case.
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May 20, 2025
State AGs Back NJ Judicial Privacy Law At 3rd Circ.
Most states' attorneys general, along with law enforcement organizations and a data privacy group, have encouraged the Third Circuit to uphold a New Jersey judicial privacy measure, saying states have sovereignty to enact such laws in a time of increased threats against judges.
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May 20, 2025
Trump Case May Bolster Wis. Judge's Pitch For Immunity
The Wisconsin judge accused of obstructing federal immigration authorities' arrest of an unauthorized migrant in her courtroom has a strong argument that judicial immunity protects her after the U.S. Supreme Court's presidential immunity ruling, some experts say, while others say judicial immunity does not extend to criminal prosecutions.
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May 20, 2025
GSA Official Gives Mea Culpa On 'Non-Core' Federal Property
A top official of the federal government's real estate overseer testified on Tuesday that the administration was a bit rash in publishing a list two months ago with more than 400 "non-core" government properties, including federal courthouses, that it was considering disposing of.
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May 20, 2025
Attys For Alleged Fox Hacker 'Deeply Regret' Fake AI Citations
Two attorneys apologized to a Florida federal judge on Monday for filing a motion to dismiss charges against their client — alleged Fox News video hacker Timothy Burke — that contained fake legal citations generated by artificial intelligence.
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May 20, 2025
Insurers Say Legal Malpractice Costs Keep Outpacing Inflation
The frequency at which major law firms faced malpractice claims held relatively steady in 2024, but payouts on claims continued to boom at a rate outpacing general inflation, according to this year's legal professional liability insurance survey, with nearly half of insurers surveyed reporting having paid at least one claim over $150 million.
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May 19, 2025
Goldstein Assails 'Radical' DOJ Case, Probe Of 'Sexual Habits'
In his most forceful attack on tax evasion charges that have roiled the U.S. Supreme Court bar, indicted appellate icon Thomas C. Goldstein is accusing the U.S. Department of Justice of embracing "breathtaking" legal theories and revealing prurient information about him "to bias the grand jury."
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May 19, 2025
Feds To Use FCA To Go After Antisemitism, DEI Policies
The U.S. Department of Justice announced Monday that it will use the False Claims Act to go after any recipients of federal funds that the agency determines promote diversity, equity and inclusion policies, and allow antisemitism to thrive.
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May 19, 2025
Posner Wins Ex-Staffer's $170K Wage Suit
A former executive at retired Seventh Circuit Judge Richard Posner's short-lived pro bono legal services organization lost his bid for $170,000 in back pay he claimed to be owed on Monday when an Indiana federal court found claims to be untimely.
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May 19, 2025
Split DC Circ. Pauses Halt On Trump's Union Rights Order
A divided D.C. Circuit panel greenlighted President Donald Trump's request to pause a lower court decision that blocked the implementation of an executive order aimed at ending collective bargaining rights for federal employees, concluding the injunction ruling "ties the government's hands."
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May 19, 2025
Ex-Litigator Settles Disability Bias Suit Against Wilson Elser
A former Wilson Elser Moskowitz Edelman & Dicker LLP litigator on Monday agreed to permanently drop his federal disability bias suit against the firm, after the sides came to a confidential resolution.
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May 19, 2025
Avenatti Rips 'Draconian' Bid To Add 13 Years To Sentence
Former high-profile attorney Michael Avenatti asked a California federal judge to reject the government's request to tack on more than 13 years to his prison term, saying such a "draconian" result would conflict with a Ninth Circuit ruling wiping out a previous sentence in the fraud case.
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May 19, 2025
Justices Allow End Of Temporary Protections For Venezuelans
The U.S. Supreme Court ruled Monday that the Trump administration may rescind temporary protected status for Venezuelans, lifting a California federal judge's order requiring the government to keep Biden-era removal protections and work authorizations in place during a legal battle over a policy change.
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May 19, 2025
Kirkland Guides Blackstone's $11.5B Deal For TXNM Energy
Blackstone Infrastructure has agreed to acquire regulated utility holding company TXNM Energy in an all-cash transaction valued at $11.5 billion, including net debt and preferred stock, TXNM said in a Monday announcement.
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May 16, 2025
DC Circ. Judges Skeptical Of Blockade On CFPB Mass Layoffs
A D.C. Circuit panel majority Friday sounded inclined to lift lower court restrictions on what the Trump administration contends is its lawful push to "radically downsize" the Consumer Financial Protection Bureau, potentially clearing the way for mass layoffs of its staff.
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May 16, 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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May 16, 2025
9th Circ. Mulls DOJ Shield Of Jones Day VW Documents
A Ninth Circuit panel on Friday questioned whether it could force the U.S. Department of Justice to hand over confidential Volkswagen documents it obtained through a grand jury subpoena that were part of Jones Day's internal investigation into the automaker's 2015 emissions-cheating scandal.
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May 16, 2025
DOJ's Privilege Claim Questioned In Abrego Garcia Case
A Maryland federal judge said Friday that the Trump administration had provided scant explanation for invoking state secrets privilege to shield information in litigation challenging the removal of Kilmar Abrego Garcia to El Salvador.
Expert Analysis
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Noncompetes: The Top Guest Articles Of 2024
Employee noncompete issues took center stage this year, as Law360 guest writers covered everything from state-level enforceability trends and alternative methods for protecting business interests, to a National Labor Relations Board ruling and the Federal Trade Commission’s attempted ban.
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The Most-Read Access To Justice Guest Articles Of 2024
Law360 guest commentary addressed several emerging access to justice issues this year, including growing case backlogs, a dearth of legal services in rural communities and amendments to long-standing sentencing policies.
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The Most-Read IP Law360 Guest Articles Of 2024
Double-patenting was one of the top intellectual property topics tackled in Law360’s Expert Analysis section this year, along with the intersection of copyright law and artificial intelligence, case distribution in the Western District of Texas, and more.
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The Most-Read Employment Law360 Guest Articles Of 2024
Readers were drawn to employment law commentary on a range of 2024 developments, including the U.S. Supreme Court's Title VII ruling, impactful activity from the National Labor Relations Board, and state legislation targeting employee noncompete agreements.
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The Most-Read Securities Law360 Guest Articles Of 2024
This year, popular securities guest article topics included controversial Delaware court decisions and their legislative aftermath, as well as the U.S. Securities and Exchange Commission’s focus on emerging industries amid struggles to implement its rulemaking agenda.
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The Most-Read Law360 UK Guest Articles Of 2024
The start of a generational shift in U.K. employment law under Labour, a ruling on artificial intelligence-driven credit scores and strategic law firm expansion were among the hot topics U.K. Expert Analysis articles explored this year.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.