Trump Admin Backs Exxon In Cuba Property Seizure Case

By Caroline Simson

The Trump administration is pressing the U.S. Supreme Court to rule in favor of Exxon Mobil Corp. and find that a federal law allowing U.S. victims of property seizures by the Cuban government to seek damages from entities that subsequently used the property abrogates the sovereign immunity of Cuban agencies and instrumentalities.

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5th Circ. Blocks Arbitration In Hurricane Coverage Case

By Caroline Simson

The Fifth Circuit on Monday overturned a lower court order compelling a southern Louisiana town to arbitrate a dispute over coverage for hurricane damage in light of a state law that expressly prohibits arbitration agreements for insurance contracts.

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One Sotheby's Agent Tells Jurors $3.7M Theft Was Not Fraud

By Carolina Bolado

A former One Sotheby's International Realty agent accused of stealing $3.7 million in proceeds from the sale of a Miami-area beachfront luxury condo told jurors Monday that while there may have been wrongdoing on his part, there was no fraud.

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Analysis

What To Do When Jurors Don't 'Trust The Science'

By Chris Villani

The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.

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Conservative Justices Probe 'Husk' Of FTC Firing Protections

By Bryan Koenig

The U.S. Supreme Court's conservative majority pushed back Monday against the 90-year-old precedent permitting the removal only for cause of Federal Trade Commission members, and perhaps those serving other independent agencies, calling those safeguards a "dried husk" and wondering where to draw the line for protected agencies.

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Opinion

Horizontal Stare Decisis Should Not Be Casually Discarded

Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

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Series

The Law Firm Merger Diaries: Getting The Message Across

Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

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Senate Confirms 3 Judges For La., Miss.

By Courtney Bublé

The U.S. Senate confirmed three judicial nominees Tuesday for federal courts in Louisiana and Mississippi.

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Brief

Democrats Push For $1.76B To Fix Defender Budget Shortfall

By Courtney Bublé

Almost 50 Democratic lawmakers are urging congressional appropriators to fix the long-standing budget shortfall for federal defenders in the upcoming full-year budget.

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Trustee Says Winston & Strawn Liable For $1.7B Fintech Bust

By Lynn LaRowe

The trustee of the bankrupt self-styled "anti-woke" financial technology startup GloriFi said Winston & Strawn LLP shouldn't be allowed to escape a malpractice lawsuit over the company's $1.7 billion failure, saying the firm was a knowing participant in the allegedly unlawful activities of its then-CEO.

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Bonus Spotlight

MoFo, Kellogg Hansen Exceed Prevailing BigLaw Bonus Scale

By Anna Sanders

Morrison Foerster LLP and boutique law firm Kellogg Hansen Todd Figel & Frederick PLLC both recently unveiled above-market bonuses, according to a MoFo in-house memo and a media report. 

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Analysis

Hagens Berman's Novel DOJ Referral May Have Chilling Effect

By Emma Cueto

A Pennsylvania federal judge's unusual decision to refer prominent plaintiffs firm Hagens Berman LLP to the U.S. Department of Justice for possible criminal investigation over its pursuit of claims related to morning sickness drug thalidomide could have a chilling effect on lawyers' advocacy, law professors and attorneys said.

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