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Business of Law
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
Law360's Legal Lions Of The Week
Agnifilo Intrater LLP leads this week's edition of Law360 Legal Lions, after a New York judge threw out the top two charges against Luigi Mangione concerning allegations he killed UnitedHealthcare CEO Brian Thompson.
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September 19, 2025
Former Immigration Judge's Bias Suit Gets Trimmed In Fla.
A Florida federal judge has trimmed multiple counts from a former immigration judge's discrimination lawsuit, finding that she failed to back up her bias claims.
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September 19, 2025
Firm Says Newsmax Wants 'Haircut' On Fees In Dominion Suit
Todd & Weld LLP said Newsmax has refused to pay outstanding billings for the Boston-based boutique's work in defending the cable news channel from a Dominion Voting Systems defamation suit.
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September 19, 2025
ICE Leaders Sued For Calif. Court Arrests, Custody Conditions
A class action complaint filed Thursday accused Trump administration officials of turning Northern California's immigration courts into "a trap" where masked agents ambush and needlessly arrest immigrants who must then endure squalid conditions in a makeshift San Francisco holding facility.
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September 19, 2025
USPTO's Top Solicitors To Leave Amid Continued Shake-Ups
The legal department at the U.S. Patent and Trademark Office is facing some shake-ups, with two of its top officials slated to leave the agency in the coming weeks.
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September 19, 2025
Sirva Sues Ex-General Counsel Over $2.6M Fund Transfers
Moving giant Sirva has sued the ex-general counsel of a predecessor company, seeking a declaration from a New Jersey federal court that it is the rightful owner of $2.6 million in funds it says the lawyer sent to a bank account he controls for an investment entity.
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September 19, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen brokerage firm ADS Securities file a fresh claim against German entrepreneur Lars Windhorst, AmTrust and Endurance Worldwide Insurance tackle an ongoing £50 million ($67 million) dispute over a failed litigation and insurance scheme, and Howard Kennedy LLP sue the son of a diamond tycoon over a £3.1 million legal bill.Â
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September 18, 2025
Polsinelli Can't Trim, Arbitrate Atty's Sexual Harassment Case
Polsinelli PC and two former partners cannot trim and compel arbitration of claims in a $20 million sexual harassment and retaliation lawsuit brought by a former equity shareholder, a D.C. federal judge ruled Thursday, saying the shareholder plausibly alleges her claims and isn't required to arbitrate the dispute.
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September 18, 2025
Arbitration Clauses Won't Protect IPOs From Investor Suits
With the U.S. Securities and Exchange Commission greenlighting the use of mandatory arbitration clauses for newly public companies, securities litigation experts are waiting to see whether any company is willing to risk the almost inevitable legal blowback that will come with taking advantage of the policy.
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September 18, 2025
Trump's Georgia Case: Legal Experts On What Happens Next
The 2020 Georgia election interference case against President Donald Trump and his co-defendants may be both "dead" and costly for taxpayers, legal experts told Law360, citing the expected reluctance of most prosecutors to take over the litigation and a new state law that allows criminal defendants to recover legal fees in certain circumstances.
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September 18, 2025
DC Judge Included In Senate's Bloc Confirmation
A judge for the Superior Court of Washington, D.C., was confirmed on Thursday as part of the en bloc confirmation of 48 nominees to various positions following Republicans voting in favor of changing the rules.
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September 18, 2025
Circuit Split On Felon Gun Ban Could Set Up High Court Review
A growing divide among federal appellate courts on how a gun ban for felons fits within the U.S. Supreme Court's 2022 expansion of individuals' right to carry firearms in public could force the high court to revisit the Second Amendment.
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September 18, 2025
Ex-Trump Atty Says Fla. Discipline Case Is Over 'Void' Charges
Former Trump campaign attorney Kenneth Chesebro told the Supreme Court of Florida this week to reject a push to discipline him over his conviction in Georgia's election interference racketeering case, arguing his name was cleared by a court order invalidating the charge to which he pled guilty.
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September 18, 2025
NJ Atty Sanctioned For Citing AI-Generated Fake Case Law
A New Jersey federal judge on Thursday issued a $3,000 monetary sanction on an attorney for violating Rule 11 of the Federal Rules of Civil Procedure by submitting a reply brief including fabricated case law citations and later acknowledging that his use of generative artificial intelligence contributed to the errors.
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September 18, 2025
Dems Demand Even More Funds For Courts, Judicial Security
An alternative continuing resolution unveiled by the Democrats in the House and Senate on Wednesday evening includes more funding for judicial security and the courts than the Republicans' version, but it's unlikely it will be adopted as is.
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September 18, 2025
Uber Says Philly Law Firm, Doctors Fabricated Injuries
Ride-sharing company Uber has accused personal injury firm Simon & Simon PC and a network of healthcare providers of fabricating medical records to inflate accident complaints, according to a RICO suit filed in Philadelphia federal court.
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September 18, 2025
Trump Asks High Court To Let Him Remove Fed's Cook
President Donald Trump asked the U.S. Supreme Court on Thursday to allow him to move forward with firing Federal Reserve Gov. Lisa Cook, escalating a fight over presidential removal power that will test the boundaries of the central bank's traditional independence.
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September 18, 2025
Judge Halts Kids' Removal, Calls ICE Plan 'House Of Cards'
A D.C. federal judge issued a temporary restraining order Thursday barring the Trump administration from deporting Guatemalan children in federal custody, finding the move would likely violate congressionally established procedures for unaccompanied minors.
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September 17, 2025
Litigation Spending To Keep Growing As Biz Risks Run High
Companies are likely to increase their spending on litigation next year, some by over 10%, as legal disputes become more complex, more contentious and more high-stakes, according to a new report out Thursday.
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September 17, 2025
Trump Could Swing Fed With This 1 Weird Trick: Ex-Fed Gov.
A former top Federal Reserve official told Democratic lawmakers on Wednesday that if President Donald Trump succeeds in quickly ousting Fed Gov. Lisa Cook, it could unlock an obscure mechanism for his allies at the Fed to sway future interest-rate decisions.
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September 17, 2025
Winston & Strawn Blamed For 'Anti-Woke' Fintech $1.7B Crash
The trustee of bankrupt "anti-woke" financial technology startup GloriFi on Wednesday launched malpractice litigation against Winston & Strawn LLP in Texas bankruptcy court, accusing the firm and one of its managing partners of putting the interests of the company's founder first and costing the business $1.7 billion in valuation.
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September 17, 2025
Feds Want 3 Years For Girardi Son-In-Law's Chicago Contempt
Tom Girardi's son-in-law should receive a three-year prison sentence for his admitted role in helping the once-celebrated plaintiffs' lawyer steal millions from Lion Air crash victims, federal prosecutors in Chicago argued Wednesday.
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September 17, 2025
Del. Judge's US Atty Application Plan Draws Blanche's Ire
Delaware's chief district judge, a Trump appointee, is seeking applications for the state's U.S. attorney position to prepare for an upcoming vacancy in the interim position, a move that drew the ire of Deputy U.S. Attorney General Todd Blanche on Wednesday.
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September 17, 2025
Criminal Restitution Fails Defendants, Victims, Report Says
Federal criminal restitution often fails to benefit victims of crime and throws defendants into a "Sisyphean struggle" with debt, with $100 billion in outstanding restitution deemed uncollectable, according to a report released this week by the National Association of Criminal Defense Lawyers.
Expert Analysis
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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.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.