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Business of Law

  • May 20, 2025

    Ƶ'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agency's pivot to lighter-touch regulation, but consumer advocates and even some financial services attorneys say the rescinded policies could still shape litigation and leave companies guessing about the agency's current views.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • May 16, 2025

    DC Circ. Judges Skeptical Of Blockade On Ƶ 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.

  • 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.

  • 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.

  • 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.

  • May 16, 2025

    Trump Calls On Justices To Stay Block Of Gov't Restructuring

    President Donald Trump asked the U.S. Supreme Court on Friday to pause a California federal judge's order temporarily halting agencies from implementing an executive order to plan reorganizations and reductions in force, claiming the lower court's decision has caused confusion and wasted taxpayer dollars.

  • May 16, 2025

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    An SEC enforcement officer has told business leaders to expect more empathy from the agency, as well as fewer outside compliance monitors. And an ousted ATF chief counsel is fighting back by co-founding a boutique law firm to defend federal workers in employment battles.

  • May 16, 2025

    American Arbitration Assoc. Accused Of Pro-Corp. Monopoly

    The American Arbitration Association monopolizes the market for consumer arbitration and is "an unfair forum where consumers lose" to corporate defendants, according to a proposed consumer class action filed in Arizona federal court.

  • May 16, 2025

    Law360's Legal Lions Of The Week

    Hogan Lovells and the Fomby Law Firm lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that courts must weigh the full sequence of events — not just the instant a threat arises — when deciding if police used excessive force.

  • May 16, 2025

    Justices Keep Pause On Some Venezuelan Removals

    The U.S. Supreme Court on Friday reasserted that the Trump administration cannot remove from the country alleged Venezuelan gang members who are currently detained in northern Texas under the Alien Enemies Act while they challenge the president's invocation of the 1798 wartime law.

  • May 16, 2025

    Criminal Case Dropped Against Girardi In Illinois

    An Illinois federal judge has nixed the criminal charges against disbarred attorney Tom Girardi after the government's move to dismiss the case, citing his age and conviction in California.

Expert Analysis

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Series

    After Chevron: Bid Protest Litigation Will Hold Steady For Now

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    Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Series

    After Chevron: Piercing FEMA Authority Is Not Insurmountable

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    While the Federal Emergency Management Agency's discretionary authority continues to provide significant protection from claims under the Administrative Procedure Act, Loper Bright is a blow to the argument that Congress gave FEMA unfettered discretion to administer its own programs, says Wendy Huff Ellard at Baker Donelson.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Series

    After Chevron: A Sea Change For Maritime Sector

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    The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.

  • Opinion

    Post-Chevron, Good Riddance To The Sentencing Guidelines

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    The U.S. Supreme Court’s overturning of the Chevron doctrine may signal the end of the U.S. sentencing guidelines, which is good news given that they have accomplished the opposite of Congress’ original intent to bring certainty, proportionality and uniformity to sentencing, say attorneys Mark Allenbaugh, Doug Passon and Alan Ellis.

  • Series

    After Chevron: Impact On Ƶ May Be Limited

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    The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo is likely to have a limited impact on the Consumer Financial Protection Bureau's regulatory activities, and for those who value due process, consistency and predictability in consumer financial services regulation, this may be a good thing, says John Coleman at Orrick.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Series

    After Chevron: 7 FERC Takeaways From Loper Bright

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    Following the U.S. Supreme Court's overturning of the Chevron doctrine, it's likely that the majority of the Federal Energy Regulatory Commission's orders will not be affected, but the commission has nonetheless lost an important fallback argument and will have to approach rulemaking more cautiously, says Norman Bay at Willkie Farr.

  • Series

    After Chevron: USDA Rules May Be Up In The Air

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    The Supreme Court's end of Chevron deference may cause more lawsuits against U.S. Department of Agriculture regulations, like the one redefining "unfair trade practices" under the Packers and Stockyards Act, or a new policy classifying salmonella as an adulterant in certain poultry products, says Bob Hibbert at Wiley.

  • Series

    After Chevron: Creating New Hurdles For ESG Rulemaking

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    The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Series

    After Chevron: Rethinking Agency Deference In IP Cases

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    The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.

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