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Business of Law
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May 23, 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.
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May 23, 2025
4 Top Paul Weiss Attys Exit In Wake Of Firm's Deal With Trump
Four top Paul Weiss Rifkind Wharton & Garrison LLP partners who have represented Google, Amazon and other major companies in high-profile litigation left the firm Friday, in the wake of its decision to make a deal with the Trump administration to defuse an executive order targeting the BigLaw firm's business.
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May 23, 2025
Legendary Calif. Judge Alsup Likely To Go Inactive In 2025
U.S. District Judge William H. Alsup, a larger-than-life jurist who's overseen some of the most consequential litigation in California's Northern District, indicated in a court filing Friday that he'll likely take inactive status before year's end, although the 79-year-old judge warned Law360 that he hasn't made a final decision.
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May 23, 2025
NC Judge Censured For Drunken Driving With His Child In Car
The North Carolina Supreme Court on Friday censured a state judge after he was found guilty of drunken driving with his minor daughter in the vehicle, calling the discipline the "minimum acceptable consequence" for the judge's wrongdoing.
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May 23, 2025
Westlaw AI Win Right But Appellate Review Wise, Judge Says
A Delaware federal judge Friday voiced confidence in his ruling that tech startup Ross Intelligence infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence, but explained that granting interlocutory appeal on two questions will help resolve the case more efficiently.
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May 23, 2025
Judge Strikes Down Trump Order Against Jenner & Block
Jenner & Block LLP on Friday defeated a Trump administration executive order suspending security clearances for its employees in retaliation for its pro bono work and for a former partner's work with former special counsel Robert Mueller.
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May 23, 2025
My So-Called Retirement: Some IP Lawyers Just Can't Quit
When patent partner Terry Rea set out to retire, the onetime acting director of the U.S. Patent and Trademark Office had her eyes on the independence that retirement promises — flexible hours, fewer deadlines and less stress over having lots of people counting on you.
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May 23, 2025
AI-Generated Evidence Rule Making Way To Public Comment
A committee of the Judicial Conference of the United States is scheduled to decide whether to approve a proposed new rule on evidence generated with artificial intelligence for public comment at its June 10 meeting.
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May 23, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
A new study found that the total number of shareholder proxy proposals submitted this year dropped significantly after the SEC rescinded past guidance. Meanwhile, a handful of BigLaw firms wrote to members of Congress defending the controversial agreements they made with the Trump administration to avoid executive orders targeting their shops. These are some of the stories in corporate legal news you may have missed in the past week.
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May 23, 2025
Grassley Slams Durbin Over Holds On US Attorney Nominees
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, slammed his Democratic counterpart on Friday for holding up U.S. attorney nominations.
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May 23, 2025
Former AG Garland Returns To Arnold & Porter
Former U.S. Attorney General Merrick Garland has returned to Arnold & Porter Kaye Scholer LLP, where he worked early in his career, the firm announced Friday.
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May 23, 2025
Law360's Legal Lions Of The Week
Latham & Watkins LLP leads this week's edition of Law360 Legal Lions, after a deadlocked U.S. Supreme Court left in place an Oklahoma state court ruling barring the launch of the nation's first religious charter school.
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May 23, 2025
Taxation With Representation: Troutman, A&O Shearman
In this week's Taxation With Representation, Blackstone acquires TXNM Energy, OpenAI buys io Products, Lumen Technologies sells its Mass Markets fiber-to-the-home business in 11 states to AT&T, and AMD sells its data center infrastructure manufacturing business to Sanmina.
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May 23, 2025
Southwest Flight Attendant Fights To Revive Nixed Sanctions
A flight attendant urged the Fifth Circuit to reconsider its move to axe a contempt order against Southwest Airlines in her wrongful termination suit, arguing it shouldn't be scrapped just because the panel took issue with court-ordered religious liberty training for Southwest attorneys.
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May 23, 2025
Alarms Sound As DOJ Anti-Corruption Unit Withers
Created in the aftermath of the Watergate scandal as a guardrail against government corruption and politically motivated criminal prosecutions, the Justice Department's Public Integrity Section has been stripped down under the Trump administration to a skeleton crew with severely limited responsibilities, potentially opening the door for improper prosecutions and eliminating a knowledge base built up over decades.
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May 22, 2025
Sen. Durbin Holds Up Florida US Attorney Nominee
Sen. Dick Durbin, the ranking Democrat on the Senate Judiciary Committee, announced Thursday he will be holding up President Donald Trump's U.S. attorney nominee for the Southern District of Florida, blaming precedent set by Vice President JD Vance when he was in the Senate.
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May 22, 2025
'Circular Firing Squad' Is Stalling Romance Case, Judge Says
A Texas federal judge told Jackson Walker LLP and Kirkland & Ellis LLP that they were stuck in a "circular firing squad" in a debate over whether the former CEO of a defunct barge company could sue the firms over a former bankruptcy judge's secret romance with an attorney.
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May 22, 2025
As Trump Wields FCA, Whistleblowers May See 'Dollar Signs'
The Trump administration's plan to use the False Claims Act to target diversity programs and alleged civil rights fraud steers a well-worn statute into uncharted territory, and could spur significant whistleblower activity amid high-profile battles with Harvard University, BigLaw firms and other institutions, experts told Law360.
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May 22, 2025
Justices Allow Trump To Fire NLRB, MSPB Members, For Now
The U.S. Supreme Court on Thursday ruled two fired members of the National Labor Relations Board and the Merit Systems Protection Board cannot return to work while they challenge President Donald Trump's authority to fire them without cause, handing the president a win in his crusade against a 90-year-old precedent limiting his power to fire employees at independent agencies.
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May 22, 2025
Fox Rothschild, Litigation Funder Sued Over NJ Crash Loans
A former client is suing a Perth Amboy, New Jersey, personal injury firm, a litigation funder and Fox Rothschild LLP for allegedly steering him into multiple loans during his car accident suit with exorbitant interest rates that left him owing more money than his settlement was worth.
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May 22, 2025
BigLaw Firms Insist Trump Deals Are Legal, Don't Alter Values
Nine BigLaw firms including Skadden Arps Slate Meagher & Flom LLP, Latham & Watkins LLP and Kirkland & Ellis LLP have written to members of Congress defending controversial agreements they made with the Trump administration to avoid executive orders targeting the firms, according to letters obtained by Law360 on Thursday.
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May 22, 2025
Ex-Troutman Atty Drops Retaliation Suit Against Major Lindsey
An associate attorney who sued Major Lindsey & Africa LLC alleging the legal recruiter refused to work with her due to her underlying race discrimination suit against Troutman Pepper permanently dropped her suit Thursday.
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May 22, 2025
Del. Considering Exam Alternatives For Admitting Attys To Bar
Delaware's judiciary announced Thursday that the state's Supreme Court is establishing a task force that will make recommendations by next year if the First State should pursue alternative pathways other than having to take an exam for attorneys to gain admission into its bar.
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May 22, 2025
US Trustee, Jackson Walker Might Mediate Fee Case
The U.S. Trustee's Office and Jackson Walker LLP told a Texas federal judge Thursday they are open to mediating the watchdog's bid to have the law firm forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a onetime firm partner.
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May 22, 2025
High Court Declines To Narrow Reach Of Federal Fraud Law
The U.S. Supreme Court on Thursday held that using deceptive means to induce a business transaction may still be a crime even if the defendant doesn't seek to cause economic loss, a departure from earlier decisions that have narrowed the scope of federal fraud statutes.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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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.