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Business of Law
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May 06, 2025
SDNY Taps Sullivan & Cromwell Atty To Lead Criminal Division
A former Sullivan & Cromwell LLP partner has been selected to lead the U.S. Attorney's Office for the Southern District of New York's criminal division, according to an announcement made Tuesday.
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May 06, 2025
Calif. Senate Committee Demands Audit After Bar Exam Errors
The California Senate Judiciary Committee on Tuesday moved a bill forward calling for a full audit of the February bar exam, which was marred by technical glitches, after holding a hearing where the committee's chair said he's "incredulous" that some of the questions were filled with errors and typos.
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May 06, 2025
Reed Smith Must Turn Over Docs In $102M Fraud Fight
A New York federal judge on Tuesday determined that since enough evidence existed to show international shipping group Eletson Holdings may have committed fraud in an arbitration over a deal with another entity, Levona Holdings Ltd., the Reed Smith LLP attorneys who represented Eletson at the arbitration must hand over related documents.
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May 06, 2025
Trump Announces Mo., DC Judicial Nominations
President Donald Trump on Tuesday announced via Truth Social a slew of judicial nominees for Missouri and the District of Columbia.
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May 06, 2025
Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
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May 06, 2025
Judge Warns He Wants 'Candor' In Free-Speech Removal Suit
A Massachusetts federal judge on Tuesday told counsel that he expects "absolute candor" as he presides over a suit challenging the Trump administration's practice of arresting and removing noncitizen students and faculty from the United States over pro-Palestinian speech.
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May 06, 2025
Sen. Judiciary Panel Clouds Prospects For DC US Atty Pick
It's looking more likely that Ed Martin, nominee for U.S. attorney for the District of Columbia now serving in an interim capacity, will not be confirmed before his short-term status is up.
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May 06, 2025
Jay-Z Claims Atty Buzbee's Conspiracy Extends To NY Lawyer
Shawn "Jay-Z" Carter expanded his malicious prosecution claims against attorney Tony Buzbee over a rape suit that has since been dropped to also target a New York personal injury lawyer over what the music mogul alleged was a conspiracy to coerce him into paying off their client.
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May 06, 2025
McCarter & English Pushes To End Ex-Atty's Firing Suit
McCarter & English LLP has urged a New Jersey state court to toss an anti-veteran discrimination suit from a former firm attorney and Navy SEAL this week, arguing the lawyer is unsuccessfully trying to pivot off failed claims from his original complaint in later filings.
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May 06, 2025
Alex Jones' Atty Seeks Discipline Pause In Sandy Hook Leak
Alex Jones' former lead Connecticut attorney has asked a state appeals court to pause the remaining seven days of a suspension he was handed for a role in transferring Sandy Hook families' confidential records to another Jones attorney in Texas, arguing the case should be stayed while he again appeals the punishment.
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May 06, 2025
High Court Lets Transgender Troop Ban Take Effect
The U.S. Supreme Court on Tuesday lifted a Washington federal judge's nationwide order barring implementation of the Pentagon's ban on transgender military service, allowing the controversial policy to take effect while its constitutionality is challenged.
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May 05, 2025
Calif. Bar Sues Administrator Over February Exam 'Chaos'
The State Bar of California on Monday sued the vendor it used to administer the February bar exam after "chaos ensued" as a result of pervasive technical glitches, saying the vendor misrepresented its ability to proctor the exam, and it won't hand over data that could shed light on what went wrong.
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May 05, 2025
Are Circuits Suddenly Split 11-1 Over Forum Selection Fights?
Holy split! That exclamation would be a reasonable reaction to a new and lopsided divide described by industrial giant Honeywell, which contends that the Seventh Circuit abruptly and erroneously broke with all its sister circuits regarding enforcement of forum selection clauses.
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May 05, 2025
Calif. Atty Gets 21 Months In Prison For $8.8M Investor Scam
An Orange County lawyer who purported to provide short-term high-interest loans to the rich and famous but used the funds to gamble away about $8.8 million at Las Vegas casinos and live a lavish lifestyle was sentenced to 21 months in prison on Monday in California federal court.
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May 05, 2025
Susman Godfrey Urges Court To Follow Perkins Coie EO Win
The president doesn't have the power to "exact revenge against a law firm" for representing certain clients and causes, Susman Godfrey LLP told a D.C. federal judge Monday, asking her to "follow the same course" as the judge who granted Perkins Coie LLP permanent relief from a presidential order.
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May 05, 2025
Long Island Judge Installed As Interim EDNY US Atty
Long Island state court Judge Joseph Nocella Jr. was sworn in Monday as the interim U.S. attorney for the Eastern District of New York, a post he will hold for 120 days, or until the U.S. Senate confirms his nomination by President Donald Trump, the attorney's office announced.
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May 05, 2025
PTAB Judge Wins $125K For Whistleblowing Retaliation
The U.S. Patent and Trademark Office must pay a Patent Trial and Appeal Board judge more than $125,000 to compensate for retaliation he experienced due to speaking out about misconduct, the Merit Systems Protection Board has ruled.
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May 05, 2025
Kirkland And Other Law Firms Explain Deals With Trump
The most recent law firms to cut deals with the Trump administration told lawmakers in letters, obtained by Law360 on Monday, that the deals affirmed their commitment to merit-based hiring and to pro bono work as they continue to choose their own clients.
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May 05, 2025
Defamation Litigation Roundup: Palin, Fox, Crime Podcasters
In this month's review of ongoing defamation fights, Law360 looks back on developments in two voting technology companies' cases against news organizations that claimed they helped rig the 2020 election.
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May 05, 2025
Critical Deadline For Interim DC US Attorney Ed Martin Nears
The clock might be ticking on Ed Martin's tenure as interim U.S. attorney for the District of Columbia.
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May 05, 2025
Conn. Poised To Count Pro Bono Work As CLE Credits
The Connecticut Superior Court's rules committee on Monday advanced a plan that could allow attorneys to earn minimum continuing legal education credits by providing pro bono legal services, potentially placing the state among just three that allow lawyers to earn half their yearly requirements through volunteering.
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May 05, 2025
Calif. Justices Adjust Bar Exam Passing Score Amid Turmoil
In an en banc ruling, the California Supreme Court approved adjustments to the passing score for the state bar's embattled February bar exam in line with a formal request by the California Bar Association, resulting in the highest passing rates for the exam in close to five years.
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May 05, 2025
Morgan & Morgan Pushes To Arbitrate Malpractice Claims
Morgan & Morgan is urging a Georgia federal court to send a former client's malpractice class claims into arbitration and reject his bid to move the case to state court, arguing the matter belongs there, and the client agreed to arbitrate such disputes.
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May 05, 2025
Justice Dept. Seeks To Nix ABA Suit Over Terminated Grants
The U.S. Department of Justice has moved to throw out the American Bar Association's lawsuit over the termination of grants to the ABA's Commission on Domestic and Sexual Violence, arguing the courts lack power to force the government to honor a contractual obligation.
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May 02, 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.
Expert Analysis
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
After Chevron: The Future Of OSHA Enforcement Litigation
The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.