Business of Law

August 06, 2025
WilmerHale Beats Fired Associate's Racial Bias Claims

A Manhattan judge Wednesday threw out a former WilmerHale senior associate's lawsuit alleging he was unfairly evaluated and eventually fired because he is Black, finding that the complaint doesn't plausibly allege discriminatory comments were made about his race or that employees of other races were treated better.
August 06, 2025
UC Policy Found Discriminatory Based On Immigration Status

A California state appeals court has ruled that the University of California's employment policy against hiring unauthorized immigrant students who lack federal work permits is "facially discriminatory," and that the university system couldn't lean on a risk of federal enforcement for justification.
August 06, 2025
US Asks High Court To Decide If Drug Users Can Have Guns

The Trump administration has asked the U.S. Supreme Court to resolve "a four-way circuit conflict" over whether it is legal to prevent users of drugs including marijuana, which has been legalized in some fashion in the vast majority of states, from possessing firearms.
August 06, 2025
NY US Atty Faces Watchdog's Ethics Suit After Altercation

Legal ethics watchdog Campaign for Accountability on Wednesday called for an ethics probe of acting U.S. Attorney John Sarcone III of the Northern District of New York, alleging that he made a number of deceptive claims arising from a June altercation.
August 05, 2025
Judge Mulls Sanctioning Hagens Berman In Thalidomide Suits

The Pennsylvania federal judge presiding over dozens of product liability actions against manufacturers of the morning sickness drug thalidomide Tuesday ordered Hagens Berman Sobol Shapiro LLP to explain why it shouldn't be sanctioned for allegedly conducting "grossly inadequate" pre-suit inquiries, obstructing discovery and doctoring evidence.
August 05, 2025
OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit

OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.
August 05, 2025
Law, Medical School Orgs Face Application Fee Antitrust Suits

The Law School Admission Council and the Association of American Medical Colleges have each been hit with a proposed class action in Pennsylvania and D.C. federal courts, respectively, by candidates who said the nonprofits conspired with their member schools to charge excessive application fees that have been fixed at the same price regardless of the school.
August 05, 2025
Tesla Verdict Could Embolden Plaintiffs With Similar Claims

The $329 million verdict handed down by jurors in Miami on Friday over a fatal Florida Keys crash is the first to find Tesla's autopilot defective and will likely embolden other plaintiffs with similar claims to take them to trial, personal injury attorneys told Law360.
August 05, 2025
5th Circ. Says Texas Voter ID Law Is Legally Sound

A Fifth Circuit panel upheld a Texas law that requires voters to provide an identification number when voting by mail, finding the law complies with the Civil Rights Act and that the state designed it to combat mail-in ballot fraud.
August 05, 2025
Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill

A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.
August 05, 2025
Ghislaine Maxwell Slams Feds' Bid To Unseal Grand Jury Docs

Ghislaine Maxwell, who is serving a 20-year prison sentence for trafficking children for late sex offender Jeffrey Epstein, urged a New York federal judge Tuesday to deny the government's bid to unseal grand jury transcripts, saying release of the sealed materials could jeopardize the appeal of her 2021 conviction.
August 05, 2025
A Free Exercise 'Blueprint' In Colo. Abortion Reversal Order

A Colorado federal judge's decision to allow medication abortion "reversals" on free exercise grounds could serve as a model for other lawsuits meant to legitimize a practice that is outside the standard practice of medicine.
August 05, 2025
Ex-Patent Examiner Fights USPTO Exclusion At High Court

A former U.S. Patent and Trademark Office examiner wants the U.S. Supreme Court to review his exclusion from practicing before the agency, saying the justices should look at issues relating to a suspension he received and also federal civil rights protections.
August 05, 2025
Meet FDA Chief Counsel Sean Keveney

The new top attorney at the U.S. Food and Drug Administration, described as a "tremendous technical lawyer," rose through the ranks as a federal prosecutor before helping lead President Donald Trump's confrontation with elite universities this year.
August 05, 2025
Law Profs Urge 11th Circ. To Toss Judge-Shopping Sanctions

A group of seven law school professors is urging the Eleventh Circuit to toss a sanctions ruling against three attorneys for judge shopping, arguing that federal law does not forbid the practice and citing the "potentially chilling effect the order will have on counsel, especially those involved in pro bono representation."
August 05, 2025
Approach The Bench: Justice Wecht On Judicial Campaigns

If running for judicial office often requires walking the line of being a sitting jurist and a politician, Pennsylvania Supreme Court Justice David Wecht is no stranger to that tightrope.
August 05, 2025
Medicaid Cuts May Worsen Incarceration-Linked Death Risks

A new public health investigation reveals an association between incarceration and elevated risk of early death, not only for people who have been behind bars but for entire communities. Experts caution that impending disinvestment in Medicaid could worsen outcomes in vulnerable populations.
August 04, 2025
Ex-Copyright Chief Seeks Emergency Injunction In Firing Suit

The U.S. Copyright Office's fired head on Monday urged a Washington, D.C., federal court to let her continue serving the role while she appeals the court's denial of her reinstatement bid, saying the court didn't address the merits of her arguments challenging President Donald Trump's authority to terminate her.
August 04, 2025
ABA Eyes Reducing Board Size, Trimming Diversity Seats

The American Bar Association proposed reducing the size of its board of governors and proportionally cutting the number of seats reserved for women, people of color and other underrepresented groups, as the organization's president Monday reiterated a commitment to "rule of law, due process, access to justice, fairness and diversity."
August 04, 2025
Roundup Judge Threatens Sanctions For Unpaid Plaintiff Fees

The California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer has threatened to sanction 37 plaintiffs' firms that have not held back a percentage of their recovery fees for a common benefit fund.
August 04, 2025
Judge Newman Contests Suspension Renewal At DC Circ.

The Federal Circuit's recent recommendation to continue U.S. Circuit Judge Pauline Newman's suspension makes clear her colleagues are looking to permanently remove her, the judge's attorney told the D.C. Circuit Monday.
August 04, 2025
Chancery Spreading Workload, Automating Case Assignments

Citing in part efforts to balance jurist workloads, Delaware's ever-slammed Court of Chancery reported plans on Monday to field a new, automated case assignment regime in September that will pull more factors into the mix when distributing new cases.
August 04, 2025
Plaintiff Bar Urges FINRA To Reject Industry's Arbitration Recs

The Public Investors Advocate Bar Association on Monday urged the Financial Industry Regulatory Authority to reject industry recommendations to loosen its arbitration rules, calling on the brokerage industry regulator to "resist pressure from industry groups seeking to dilute hard-won safeguards."
August 04, 2025
Catching Up With Delaware's Chancery Court

Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21.
August 04, 2025
Mississippi Judge Won't Explain TRO Errors In Suit Over DEI

A Mississippi federal judge won't explain how his decision pausing enforcement of a state law barring diversity, equity and inclusion in public schools contained nonexistent allegations, wrongly identified plaintiffs and defendants and quoted terms that don't appear in the legislative text, ruling that the court isn't obligated to do so.

Expert Analysis

New Strategies For Enhancing Firm Culture

How can law firms work toward retaining legal talent and meeting business goals? This year, Law360 guest commentary dove into tips like embracing cognitive diversity and conducting so-called stay interviews.
The Latest Legal Writing Tips

In 2024, Law360 guest experts provided advice for improving many kinds of legal writing — explaining how attorneys can use syllogistic reasoning, emulate master chefs, and clean up drafts produced by generative artificial intelligence tools.
2024 Pointers On Persuading Jurors

In a year where nuclear verdicts continued to proliferate, Law360 guest commentary focused on how trial attorneys can better select and connect with jurors, offering strategies for identifying anti-corporate sentiments and tactics to land one’s closing argument.
Associate Issues In The 2024 Spotlight

Law360 guest writers provided insights on a range of issues affecting associates this year, from the challenges of training new lawyers in the era of artificial intelligence, to nonfinancial factors that junior attorneys should consider before accepting a job offer.
AI Questions: The Top Guest Articles Of 2024

As the legal discourse surrounding artificial intelligence shifted from theoretical to concrete this year, guest commentary focused on the proliferation of new AI-related litigation, enforcement actions and best practices, while tracking the judiciary’s experimentation with generative AI.
ESG And DEI: The Top Guest Articles Of 2024

In their commentary on ESG and DEI topics this year, Law360 guest authors discussed Project 2025’s potential impact, the rise of greenwashing litigation, strategies for fostering employee retention amid a shaky regulatory landscape, and more.
Election Impact: The Top Guest Articles Of 2024

Donald Trump's election win initiated a deluge of predictions for the incoming administration, with Law360 guest writers covering key policy areas such as immigration, tax, energy, labor and competition, plus potential congressional themes and investigations.
Cybersecurity: The Top Guest Articles Of 2024

From the CrowdStrike failure to the plethora of new and sometimes tricky regulatory requirements, to early decisions interpreting cyberinsurance coverage, guest authors broke down the implications of the biggest cybersecurity developments this year.
Noncompetes: The Top Guest Articles Of 2024

Employee noncompete issues took center stage this year, as Law360 guest writers covered everything from state-level enforceability trends and alternative methods for protecting business interests, to a National Labor Relations Board ruling and the Federal Trade Commission’s attempted ban.
The Most-Read Employment Law360 Guest Articles Of 2024

Readers were drawn to employment law commentary on a range of 2024 developments, including the U.S. Supreme Court's Title VII ruling, impactful activity from the National Labor Relations Board, and state legislation targeting employee noncompete agreements.
The Most-Read Access To Justice Guest Articles Of 2024

Law360 guest commentary addressed several emerging access to justice issues this year, including growing case backlogs, a dearth of legal services in rural communities and amendments to long-standing sentencing policies.
The Most-Read IP Law360 Guest Articles Of 2024

Double-patenting was one of the top intellectual property topics tackled in Law360’s Expert Analysis section this year, along with the intersection of copyright law and artificial intelligence, case distribution in the Western District of Texas, and more.
The Most-Read Securities Law360 Guest Articles Of 2024

This year, popular securities guest article topics included controversial Delaware court decisions and their legislative aftermath, as well as the U.S. Securities and Exchange Commission’s focus on emerging industries amid struggles to implement its rulemaking agenda.
The Most-Read Law360 UK Guest Articles Of 2024

The start of a generational shift in U.K. employment law under Labour, a ruling on artificial intelligence-driven credit scores and strategic law firm expansion were among the hot topics U.K. Expert Analysis articles explored this year.
Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.