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Business of Law
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August 08, 2025
Why DOJ's US Attorney Moves Are Reaching Critical Point
The Trump administration's strategy of extending U.S. attorney appointments using a pair of laws that allow for interim and acting prosecutors has sparked a constitutional tug-of-war between the executive, legislative and judicial branches that could end up in the U.S. Supreme Court or spur congressional action.
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August 08, 2025
Ga. Law School Cuts LSAT, GRE Scores For Some Applicants
The University of Georgia School of Law said an expanded admissions policy will improve access to obtaining a law degree, allowing qualified applicants who earned a bachelor's degree from a Georgia public college or university to apply without having taken the Law School Admission Test or Graduate Record Exam.
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August 08, 2025
Trump Admin Invites Legal Fights With Clean Energy Moves
Recent Trump administration moves to saddle renewable energy projects with additional regulatory and permit burdens are likely to face court challenges from the industry even as developers are forced to think long and hard about the viability of their projects.
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August 08, 2025
Law360's Legal Lions Of The Week
Rousso Boumel Law Firm PLLC, Singleton Schreiber LLP, Poses Law Group PA and Eaton & Wolk PL lead this week's edition of Law360 Legal Lions, after a Miami federal jury found Tesla's autopilot product to be defective and awarded $329 million in damages following a 2019 fatal crash.
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August 08, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
Among the stories in corporate legal news you may have missed in the past week: A South Carolina judge tossed Charleston's lawsuit seeking damages from oil and gas companies, and California sought information about Tractor Supply Co.'s compliance with the state's data privacy regime.
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August 08, 2025
Trump Gets Explanation Of 2nd Circ. Refusal To Sub In Feds
The Second Circuit said Friday that President Donald Trump's bid to substitute the federal government for him as a defendant in his defamation fight with writer E. Jean Carroll came too late, dealing him a blow after his $83.3 million jury trial loss.
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August 08, 2025
'Legally Indefensible Scheme' DQs NJ US Atty, Court Told
A New Jersey criminal defendant argued in federal court this week that Alina Habba's appointment as acting U.S. attorney for New Jersey is an "end-run" around the Constitution and moved to have her and any prosecutors working under her disqualified.
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August 08, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the U.S. Securities and Exchange Commission target a British investor over a $10 million microcap fraud scheme, Merck Sharp & Dohme move against Halozyme Inc. following a recent clash over its patented cancer medicine, and Birmingham City Council sue a school minibus operator years after ending its contract over DBS check failures. Here, Law360 looks at these and other new claims in the U.K.
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August 07, 2025
2nd Circ. Says Trial Atty With Brain Disease Not 'Ineffective'
The Second Circuit on Thursday affirmed the convictions of a former New York City law enforcement union president along with its ex-financial adviser for defrauding members out of $500,000, rejecting among contentions that one defense lawyer's abilities were impaired at trial by a fast-moving neurodegenerative disease.
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August 07, 2025
Trump Admin Asks Justices To Halt ICE Arrest Limits In LA
The Trump administration on Thursday asked the U.S. Supreme Court to pause a California federal court's order temporarily blocking the government from conducting immigration arrests in the Los Angeles area without probable cause, arguing that it threatens officials' ability to enforce immigration laws.
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August 07, 2025
Sentencing Commission Plans To Reassess Fraud Guidelines
The U.S. Sentencing Commission on Wednesday said it will consider potential reforms to the federal sentencing guidelines for fraud offenses, including the outsized role of loss calculation in sentencing, one of several priorities the agency has marked for closer examination.
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August 07, 2025
'Breakdown In Civility' Gets Boies Schiller Sanctioned
A California federal judge slapped Boies Schiller Flexner LLP with a $15,000 sanction Thursday in a former worker's suit claiming Levi Strauss & Co. declined to promote her out of sex bias, faulting the firm for a "uniquely eye-opening breakdown in civility and professionalism."
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August 07, 2025
Trump Taps Economic Adviser Miran For Fed Board Vacancy
President Donald Trump said Thursday that he has chosen Stephen Miran, the chairman of his Council of Economic Advisers, to fill a vacancy on the Federal Reserve's Board of Governors until early 2026 while continuing to search for a permanent replacement.
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August 07, 2025
Calif. Ethics Panel Clarifies Judge DQs In Racial Justice Cases
A California judicial ethics committee has issued a formal opinion advising a judge who is a former prosecutor that a pending case involving a discovery motion under the state's Racial Justice Act does not require the judge's recusal.
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August 07, 2025
Federal Courts Disclose New Cyberattacks On PACER System
The federal judiciary on Thursday disclosed there have been escalating cyberattacks on its case management system, putting sealed and sensitive case documents at risk, and that it is taking steps to strengthen its security.
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August 07, 2025
Fox Rothschild Must Face Litigation Funding Suit, Court Told
A married couple is urging a New Jersey state judge to reject Fox Rothschild LLP's bid to exit a malpractice suit alleging that they were unlawfully steered to cover medical expenses with high-interest loans from the firm's litigation funder client, saying they've "amply" pleaded claims of misconduct.
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August 07, 2025
DOJ's Boasberg Complaint Violates Judicial Privacy, Sen. Says
Sen. Sheldon Whitehouse, D-R.I., has accused the U.S. Department of Justice of misusing private comments from a meeting of the Judicial Conference of the United States to pursue ethics charges against a federal judge who found probable cause to hold President Donald Trump's administration in contempt of court.
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August 07, 2025
Democracy Forward Launches Appellate Practice
The Democracy Forward Foundation has formed an appellate practice on the heels of a hiring spree that has doubled the nonprofit's legal staff since November with former BigLaw and government attorneys, as some private firms have pulled back from taking on cases that challenge the current White House.
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August 07, 2025
Ex-Boston Heart CEO Defends Jenner & Block Fee Bid
Boston Heart's former CEO is urging the Delaware Chancery Court to order the medical testing company to advance her legal fees to pay Jenner & Block LLP for its defense of her in criminal and civil cases, disputing Boston Heart's claims that the law firm's rates are "grossly inflated."
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August 07, 2025
Milbank Offers Summer Bonuses Of Up To $25K To Associates
Milbank LLP has become the first BigLaw firm to announce summer bonuses this year, offering up to $25,000 for associates and counsel after smaller shops also unveiled midyear payouts.
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August 07, 2025
California Anti-Deepfake Law Struck Down By Judge
A California federal judge has agreed to block a California anti-deepfake law as constitutionally and legally invalid, siding with conservative media companies and content creators who argued that the law infringes platforms' First Amendment rights to moderate content on their own and pressures them to censor speech.
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August 06, 2025
6th Circ. Rips 'Stalking Horse' Ploy In Drug Negotiation Suit
The pharmaceutical industry will feel the sting of a Wednesday loss in a wide-ranging war over Medicare's power to negotiate drug prices, as the Sixth Circuit tossed a suit and accused one major company of utilizing a "stalking horse" to sue in a more favorable forum.
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August 06, 2025
USPTO's Stewart Suggests Org. Is Eyeing Patent Fee Changes
U.S. Patent and Trademark Office acting Director Coke Morgan Stewart addressed rumors that the Trump administration is considering a new fee on the values of patents on Wednesday, saying Commerce Secretary Howard Lutnick is "very concerned" about the "disconnect" between the low costs of obtaining patents and their huge worth.
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August 06, 2025
5th Circ. Upholds Gun Ban For Convicted Felons
A Fifth Circuit panel on Wednesday shot down a felon's attempt to have a gun charge thrown out after he was found guilty of a drive-by shooting, saying a historical analog from the time of the country's founding allows for confiscation of firearms from felons.
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August 06, 2025
Reed Smith Faces DQ Bid In Venezuelan Airline Dispute
A group of shareholders who say they own half of Venezuela's Avior Airlines have asked a Florida federal court to disqualify Reed Smith LLP from representing the airline and a feuding shareholder, claiming that the engagement of the law firm was not approved by a majority of the shareholders as required by the company's bylaws.
Expert Analysis
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Series
After Chevron: Slowing Down AI In Medical Research
The U.S. Supreme Court's recent decision overturning the Chevron doctrine may inhibit agencies' regulatory efforts, potentially slowing down the approval and implementation of artificial intelligence-driven methodologies in medical research, as well as regulators' responses to public health emergencies, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Series
After Chevron: Uncertainty In Scope Of ITC Oversight
The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
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.
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Series
After Chevron: Bid Protest Litigation Will Hold Steady For Now
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.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
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.
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Series
After Chevron: Piercing FEMA Authority Is Not Insurmountable
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.
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Series
Serving In The National Guard Makes Me A Better Lawyer
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.
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Big Business May Come To Rue The Post-Administrative State
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.
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Series
After Chevron: A Sea Change For Maritime Sector
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.
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Opinion
Post-Chevron, Good Riddance To The Sentencing Guidelines
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.
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Series
After Chevron: Impact On Ƶ May Be Limited
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.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
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.
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Series
After Chevron: 7 FERC Takeaways From Loper Bright
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.
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Series
After Chevron: USDA Rules May Be Up In The Air
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.