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Business of Law

  • August 12, 2025

    Split Calif. High Court Upholds Validity Of Arbitration Fee Rule

    A California statute waiving arbitration rights for a party that does not timely pay arbitration fees is not preempted by the Federal Arbitration Act, a split California Supreme Court ruled, saying the state law doesn't disfavor arbitration and is meant to deter parties from employing "strategic nonpayment" of fees.

  • August 12, 2025

    Loper Bright Neutered In 6th Circ., Tenn. Tells Supreme Court

    There is "growing confusion among the circuits" regarding the U.S. Supreme Court's rejection of judicial deference to regulators, as evidenced by a Sixth Circuit ruling that negates much of the high court's Loper Bright ruling, Tennessee told the justices in a new petition.

  • August 12, 2025

    Justices Urged To Maintain Limits On Calif. Immigration Stops

    Immigration rights groups and individuals challenging recent federal immigration operations in Los Angeles urged the U.S. Supreme Court not to pause an order that temporarily prohibits the government from conducting indiscriminate immigration stops, saying the order bars only what is unlawful.

  • August 12, 2025

    Insurer Obstructed $116M In Funding Claims, Court Told

    A company that invested in a personal injury law firm's docket of cases alleges in a lawsuit removed to North Carolina federal court that its insurer "intentionally obstructed" its recovery of more than $116 million in coverage under policies insuring that investment.

  • August 12, 2025

    Trump Nominates 5 To Mississippi, Alabama Federal Courts

    President Donald Trump announced on Tuesday five judicial nominees for federal courts in Mississippi and Alabama, one of whom Trump tried to put on the bench in his first term.

  • August 12, 2025

    New ABA Leader Vows To 'Defend Liberty And Pursue Justice'

    Wisconsin business attorney Michelle A. Behnke began her one-year term as president of the American Bar Association on Tuesday, saying the organization "must be ready to lead and focus on the mission of defending liberty and pursuing justice every day." 

  • August 12, 2025

    Deal Unveiled In Schnader Harrison ERISA Case After Delays

    Schnader Harrison Segal & Lewis LLP will pay $675,000 to settle a proposed ERISA class action from a former nonequity partner who claimed the firm improperly used her and others' retirement contributions to prop itself up as it faced financial trouble, according to a motion filed Tuesday in Pennsylvania federal court.

  • August 12, 2025

    Md. Judges Say DOJ Habeas Suit Wreaks 'Havoc' On Judiciary

    The Maryland federal bench again moved to throw out the Trump administration's "disruptive affront" challenging a standing order that temporarily paused the removal of noncitizen detainees who filed habeas petitions, arguing Monday that the executive branch's suit fails to state a claim and "wreaks unprecedented havoc on the Judiciary."

  • August 12, 2025

    Atty Apologizes For Citation Error In IP Dispute

    A New York attorney who became one of many accused of using generative artificial intelligence for a brief after a federal judge found citations to nonexistent cases apologized Tuesday for a mistake in a more recent brief flagged for a false citation.

  • August 12, 2025

    Ex-Judges, DAs Blast DOJ Suit Over ICE Courthouse Arrests

    New York district attorneys, legal aid groups, law professors and retired judges have expressed support for a state law that blocks federal immigration officials from making arrests near courthouses, calling it essential to a functioning justice system and urging the dismissal of a U.S. Department of Justice lawsuit challenging the law.

  • August 12, 2025

    DOJ Demurs On Lawsuit Seeking Emil Bove Docs

    The U.S. Department of Justice is contesting a watchdog's lawsuit seeking to obtain public records requests on now-Third Circuit Judge Emil Bove, who was formerly President Donald Trump's criminal attorney and a top DOJ official.

  • August 12, 2025

    ABA Delegates Remove Diversity Requirements For Board

    The American Bar Association's policymaking body approved changes to its Constitution on Tuesday to no longer require Board of Governors seats for women, members of the LGBTQ community and racial minorities.

  • August 11, 2025

    'Flipping NJ' Developer Fights Charges, Citing Habba's Role

    A New Jersey real estate developer and influencer, who is accused of running a Ponzi-like investment fraud scheme and laundering drug money, on Monday became the latest defendant to seek dismissal of his indictment over what he says was the illegal appointment of Alina Habba as acting U.S. attorney for the Garden State.

  • August 11, 2025

    Trump's DC Takeover Highlights Local Judicial Vacancies

    President Donald Trump's announcement Monday on the federal takeover of D.C. law enforcement and deployment of the National Guard to Washington, D.C., has drawn attention once again to the vacancy crisis plaguing the local D.C. court system.

  • August 11, 2025

    Pa. AG Probing 'Cyber Incident' That Disrupted Email, Phones

    The website, office email accounts and phone lines for the Pennsylvania Attorney General's Office were offline Monday after being disrupted by a "cyber incident," the state's top prosecutor announced.

  • August 11, 2025

    Posner Accuser Wants Roberts To Pick Judges For Wage Case

    The pro se plaintiff seeking to revive wage claims against retired Seventh Circuit Judge Richard A. Posner has filed an opposed motion asking the circuit's chief judge to request U.S. Chief Justice John Roberts assign out-of-circuit judges to preside over the case, arguing the circuit judges cannot be impartial.

  • August 11, 2025

    Catching Up With Delaware's Chancery Court

    Nielsen Holdings Ltd. and consumer intelligence spinoff Nielsen Consumer IQ agreed to end their dispute, a sole investor asked the court to name him lead plaintiff in a suit challenging Endeavor's $13 billion take-private deal, and the Chancery Court announced a new, automated case assignment regime. Here's the latest from the Delaware Chancery Court.

  • August 11, 2025

    Legal Tech Co. Hits Back At Norton Rose With $15M Fraud Suit

    Norton Rose Fulbright is facing a $15 million fraud suit in Illinois state court from a legal tech company claiming the firm made false promises to lure its founders to join its new Chicago office and offer its legal workflow product to clients, weeks after Norton Rose sued the company saying it deceived the firm and kept client files without authorization.

  • August 11, 2025

    McDermott, Other Firms Sign Deal To End $4.4M Guo Claims

    McDermott Will & Schulte, four other law firms and one consulting firm have agreed to settle, for an undisclosed amount and without formal litigation, clawback claims totaling $4.4 million by the Chapter 11 estate of bankrupt Chinese exile and convicted criminal Miles Guo.

  • August 11, 2025

    FTX Customers Aim To Beef Up Case Against Fenwick & West

    New information that has emerged since customers of the now-collapsed cryptocurrency trading platform FTX Trading Ltd. sued Fenwick & West LLP over the firm's alleged role in that collapse justifies updating the complaint against the firm, those customers told a Florida federal court Monday.

  • August 11, 2025

    ABA Policymakers Vote To Oppose Targeting Of Law Firms

    The American Bar Association's policymaking body on Monday took a stand against the Trump administration's targeting of law firms and clarified its position on the proper use of artificial intelligence by law students.

  • August 11, 2025

    Taft, Morris Manning Unveil Merger Plans

    Taft Stettinius & Hollister LLP announced Monday its plans to merge with Atlanta firm Morris Manning & Martin LLP, which would establish the firm's presence in the city, add about 100 attorneys to its headcount and mark its third merger of 2025.

  • August 11, 2025

    FCC Republican Names Senior Legal Adviser

    A Republican on the Federal Communications Commission on Monday named an FCC lawyer and Wiley Rein LLP alum as her new senior legal adviser.

  • August 11, 2025

    NY Judge Won't Unseal 'Redundant' Maxwell Grand Jury Docs

    A New York federal judge on Monday denied the Trump administration's bid to unseal grand jury transcripts and exhibits in the prosecution of Ghislaine Maxwell, who is appealing a 20-year prison sentence for trafficking teenage girls for sex offender and disgraced financier Jeffrey Epstein, concluding that the materials contain almost nothing new.

  • August 08, 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

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Promoting Diversity In The Selection Of ADR Neutrals

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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Considering Chevron's End Through A State Tax Lens

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    States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • Comparing Antitrust Outlooks Amid Google Remedy Review

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    As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.

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