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Business of Law
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September 12, 2025
Fresh Angles On Display In ERISA Summer Filing Uptick
Attorneys dealing with a rise in Employee Retirement Income Security Act cases are paying close attention to a handful of recent suits with allegations that put a twist on traditional benefits disputes. Here, Law360 looks at three cases with fresh angles that lawyers are keeping an eye on.
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September 11, 2025
Retired Federal Judges Throw Shade On Shadow Docket
Retired federal judges speaking at a Federal Bar Association panel in California Thursday criticized the U.S. Supreme Court's increasing use of "shadow docket" emergency rulings that offer little or no explanation, with retired Ninth Circuit Judge Paul Watford saying the high court has "an obligation to give more of a ruling."
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September 11, 2025
Trump Wants Fed Gov. Cook Out Before Next Rate Meeting
The Trump administration asked the D.C. Circuit Thursday to halt a preliminary injunction barring the removal of Federal Reserve Gov. Lisa Cook, urging the appellate court to fast-track its decision in an effort to block Cook from participating in a meeting regarding interest rates next week.
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September 11, 2025
Girardi's Atty, Judge Debate If His Conviction Is 'Debatable'
A California federal judge pushed back Thursday on arguments by Tom Girardi's lawyer that he should be free on bond while he appeals his wire fraud conviction, saying that debating the case doesn't automatically mean it raises "fairly debatable" questions sufficient to meet the Ninth Circuit's standard for remaining free on appeal.
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September 11, 2025
Expert's AI Hallucinations Blamed On Attys' 'Willful Blindness'
Utah anesthesiologists facing a False Claims Act fraudulent billing suit doubled down Wednesday on their bid to sanction and disqualify the whistleblower's counsel for not catching an expert witness report with numerous AI-generated fabrications, arguing the errors were so obvious that the failure to catch them constitutes "willful blindness."
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September 11, 2025
Ex-USPTO Solicitor Says Squires Is Better Than No One
A former U.S. Patent and Trademark Office solicitor is asking the U.S. Senate to confirm John Squires as USPTO director, saying political accountability has become more important than finding a candidate who is right for the job.
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September 11, 2025
Legal Services Corp. Awards $5.5M To 19 For Pro Bono Work
Nineteen legal services organizations across 15 states received a total of $5.5 million in awards to support their pro bono services for low-income Americans, the Legal Services Corp. announced Thursday.
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September 11, 2025
Federal Judges Faced Over 500 Threats Amid Rising Tensions
More than 500 threats have been made to federal judges over the last year to over 300 distinct judges, according to data released by the U.S. Marshals Service.
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September 11, 2025
JCPenney Settles Fee Dispute Over Jackson Walker Romance
The corporate entities formerly known as JCPenney on Thursday asked a Texas federal court to greenlight a $1.4 million settlement with Jackson Walker PC in a dispute concerning the romance of a partner with a bankruptcy judge, the latest and largest of several settlements to seek approval in recent months.
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September 11, 2025
US Attorneys, Judicial Noms Advance Amid Senate Tensions
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, faulted Senate Minority Leader Chuck Schumer, D-N.Y., on Thursday, for getting in the way of efforts by him and Sen. Dick Durbin, D-Ill., the committee's ranking Democrat, to expedite the confirmation of U.S. attorney nominees.Â
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September 11, 2025
Atty Accused Of Cyberstalking Law Firm Partner, Another Atty
A Texas attorney has been arrested for allegedly cyberstalking and threatening to kill two other attorneys, one of whom is believed to be a partner at Latham & Watkins LLP.
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September 11, 2025
Bill Giving White House More Control Of DC Judges Advances
The House Oversight and Government Reform Committee has advanced a bill on party lines that would abolish the commission in Washington, D.C., that vets and picks potential judicial nominees for the district's local courts.
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September 11, 2025
Lin Wood Can't Shake Trial Win For Ex-Partners
Former attorney L. Lin Wood lost his bid to undo an approximately-$10 million award that he owes his ex-law partners relating to the breakup of their firm, with a Georgia state judge this week refusing to set aside a jury verdict in the case.
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September 11, 2025
2nd Circ. Says 9/11 MDL Firm Must Wait To Appeal Sanctions
Sanctions imposed against a New York firm for leaking a document in violation of a protective order in the multidistrict litigation over the Sept. 11 attacks are too closely tied to the merits of the case for an appellate panel to consider tossing them, the Second Circuit has determined.
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September 11, 2025
Influencer Vows To Revive Malpractice Case Against Akin
A social media influencer is planning to bring a malpractice suit in Texas state court against Akin Gump Strauss Hauer & Feld LLP after a federal judge found a lack of jurisdiction over claims that the firm mishandled a dispute over payment for participation in an amateur boxing competition.
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September 11, 2025
Cleary's Next Managing Partner To Focus On US Growth
A New York-based corporate capital markets attorney is set to take over as Cleary Gottlieb Steen & Hamilton LLP's managing partner at a time when the firm is already on a strong growth trajectory.
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September 10, 2025
Ga. Panel Says Privilege Can Cover Unlicensed In-House Atty
The Georgia Court of Appeals said a trial court rightly found that Church's Chicken and its chief legal officer were protected by attorney-client privilege in a franchisee's contract suit, finding privilege can sometimes cover communications between a corporation and unlicensed in-house counsel.
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September 10, 2025
Trump Admin's Push To Sunset Energy Regs Faces Hurdles
Legal obligations and practical challenges may hamstring the Trump administration's efforts to wipe out as many energy regulations as possible, making the moves vulnerable to lawsuits while creating uncertainty for the energy industry.
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September 10, 2025
Disney Says Forged Doc Aids $532K 'Moana' Sanctions Bid
An attorney for Disney on Wednesday urged a California federal judge to issue $532,815 in sanctions against attorneys representing an animator who unsuccessfully alleged "Moana" lifted from his Polynesian adventure story, saying the lawyers knew or should have known a key document in the case is a forgery.
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September 10, 2025
Meet The Attys Now Fighting Judge Newman's Suspension
Federal Circuit Judge Pauline Newman's main attorney in the fight against her suspension from the appeals court has departed from the New Civil Liberties Alliance, leaving his former colleagues to head the litigation.
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September 10, 2025
Fla. Judge Gets First Dem Vote Of Trump's 2nd Term
Sen. Peter Welch, D-Vt., a member of the Senate Judiciary Committee, on Tuesday became the first Democrat to vote for a judicial nominee of President Donald Trump's second term.
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September 10, 2025
Trump To Take Fed Gov. Cook's Removal Case To DC Circ.
President Donald Trump on Wednesday told a Washington, D.C., federal judge that the government will appeal the judge's decision granting a temporary win to Federal Reserve Gov. Lisa Cook in her challenge to the president's attempt to remove her from her position.
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September 10, 2025
Trump's Pick For Fed Board Seat Moves Ahead To Full Senate
The U.S. Senate Banking Committee on Wednesday endorsed President Donald Trump's bid to install Stephen Miran, a top White House economist, at the Federal Reserve, advancing his nomination over Democratic objections that he would be a Trump loyalist rather than an independent central banker.
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September 10, 2025
Fired FBI Officials Claim 'Campaign Of Retribution' In New Suit
Three former senior FBI officials sued the Trump administration in D.C. federal court on Wednesday, accusing FBI Director Kash Patel of politicizing the agency and firing them as part of a "campaign of retribution" in a bid to keep his own job.
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September 10, 2025
Wis. Judicial Commission Sued Over Confidentiality Rules
Two conservative groups have sued the Wisconsin Judicial Commission over its policy of keeping all judicial misconduct complaints strictly confidential, claiming the policy violates the First Amendment and has stymied discussion of a complaint against a sitting state judge.
Expert Analysis
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Roundup
Power To The Paralegals
With technology evolving, rules of practice shifting and firms rewriting their org charts, this Expert Analysis series discusses how the vital work of paralegals is in flux.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.