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Business of Law
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February 25, 2026
Justices Set New Limits On Recess Testimony Talks
A unanimous Supreme Court set limits Wednesday on the right to counsel during overnight breaks in a defendant's testimony under the Sixth Amendment, ruling that prohibiting talk about "testimony for its own sake" strikes an appropriate constitutional balance.
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February 24, 2026
9th Circ. Grants Atty Fee Appeal In Eye Drop Pricing Suit
District courts cannot reduce fee awards to attorneys based on a firm's size, the Ninth Circuit ruled in a published opinion Tuesday, sending a case back to a California federal court to recalculate attorney fees awarded to a "small" firm that represented wholesalers in a Robinson-Patman Act suit against eye drop manufacturers.
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February 24, 2026
SDNY's New Self-Report Policy Eases Path To Declinations
Manhattan federal prosecutors on Tuesday unveiled a new business-friendly corporate criminal enforcement policy for companies that promptly self-report financial crimes, promising declinations and no fines or monitors for eligible companies that turn themselves in.
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February 24, 2026
10th, 5th Circ. Stalwarts Step Back From Bench
U.S. Circuit Judge Timothy Tymkovich has announced that he'll take senior status from his seat on the Tenth Circuit, just a day after U.S. Circuit Judge James L. Dennis said he'd step down from the Fifth Circuit.
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February 24, 2026
Tariff-Related Disputes May Go Beyond Just Refunds
In addition to the likely chaotic refund process to follow last week's bombshell U.S. Supreme Court ruling striking down the Trump administration's broad tariff regime, the decision could also result in a wide range of private commercial disputes, and possibly even investment treaty claims against the U.S.
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February 24, 2026
SEC Lays Out New Enforcement Vision In Revised Guidelines
The U.S. Securities and Exchange Commission on Tuesday updated its enforcement manual for the first time in eight years, saying that the changes were part of an effort to build a fairer and more transparent investigative process.
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February 24, 2026
Feds' White Collar Crime Enforcement 'Retreat' Raises Alarms
Money laundering-related fines and tax fraud investigations plummeted last year as President Donald Trump shifted federal agents away from combating financial crime to focus on the immigration crackdown, according to recent reports that have raised alarms among experts about the state of white collar enforcement in the U.S.
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February 24, 2026
Judiciary Seeks Control Over Courthouse Maintenance
The federal judiciary says courthouses are in "crisis," with an $8.3 billion backlog in maintenance, and on Tuesday repeated its request to Congress for the direct authority to maintain the buildings.
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February 24, 2026
Key Details To Know As Judiciary Rules Face Decisive Votes
Judiciary panels are poised for pivotal votes on controversial rules governing wide-ranging topics — from the age-old and analog to the newfangled and high-tech — after a six-month stretch of public hearings and trade group mobilization climaxed with an influx of impassioned opinions.
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February 24, 2026
Weil Adds Simpson Thacher Private Funds Partner
Weil Gotshal & Manges LLP has announced it hired a former Simpson Thacher & Bartlett LLP private funds attorney, who is joining the team in New York and Washington, D.C., to work on fund formation matters and the operation and management of private investment funds.
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February 24, 2026
Freshfields Bicoastal M&A Tech Duo Move To Covington
Covington & Burling LLP has strengthened its mergers and acquisitions group on both coasts with the additions of two former Freshfields LLP tech M&A partners.
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February 24, 2026
ABA Mulls Repeal Of Embattled Law School DEI Standards
The American Bar Association's Council of the Section of Legal Education and Admissions to the Bar has voted to move forward with a plan to repeal its diversity and inclusion standards for law schools, which have been suspended since last February amid the White House crackdown on DEI initiatives.
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February 24, 2026
Mich. Federal Judge On Leave Amid Drunk-Driving Charges
A Michigan federal judge is taking a voluntary leave of absence while awaiting resolution of drunk-driving charges.
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February 24, 2026
ACLU Says Justices' Tariffs Ruling Dooms ICE No Bond Policy
A U.S. Supreme Court ruling curbing President Donald Trump's authority to impose tariffs also undercuts the administration's sweeping assertion that it can subject all noncitizens to mandatory detention during removal proceedings, the American Civil Liberties Union told the Eighth Circuit.
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February 24, 2026
Greenberg Traurig Hires Morgan Lewis Benefits Atty In Boston
Greenberg Traurig LLP added to what it called its "strategic expansion" by bringing on a benefits and employment attorney who had previously served as managing partner of Morgan Lewis & Bockius LLP's Boston office.
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February 23, 2026
'Wackadoo': 9th Circ. Awarding Stays 'Like Candy,' Judge Says
The Ninth Circuit is defying U.S. Supreme Court precedent and supersizing its immigration docket by freely awarding lengthy deportation reprieves, according to a new dissent that described a "Wackadoo" realm where noncitizens can safely await "the next Democrat administration."
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February 23, 2026
High Court Crafts Escape Hatch In Review Of Climate Torts
The U.S. Supreme Court on Monday agreed to determine whether a climate change lawsuit against fossil fuel companies can proceed in state court, but the justices also created a potential off-ramp by questioning whether they can actually hear the case.
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February 23, 2026
ICE Atty Whistleblower Rips 'Broken' Agent Training Program
An ex-U.S. Immigration and Customs Enforcement attorney testified before a Senate committee Monday that he recently resigned so he could blow the whistle on ICE-officer training cuts amid its hiring surge, slamming the truncated program for being "deficient, defective and broken" and accusing supervisors of secretly pushing "blatantly" unconstitutional orders.
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February 23, 2026
ABA Says Trump Attacks On Justices Cross 'Dangerous Line'
The American Bar Association on Monday condemned President Donald Trump's "personal attacks" against U.S. Supreme Court justices after Friday's 6-3 decision struck a blow to his tariff policy, saying the remarks "cross a dangerous line that threatens the safety of the judiciary and our judicial process."
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February 23, 2026
Snow Delays Goldstein Deliberations Until Tuesday
The jury in SCOTUSblog founder Thomas Goldstein's tax evasion trial won't be back to deliberate until Tuesday, after snow prompted courts in the District of Maryland to close Monday.
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February 23, 2026
Feds Fight Ex-Judge's Bid For New Trial In ICE Arrest Case
The federal government asked a federal judge to deny acquittal and new trial motions made by a Wisconsin state judge convicted of directing a defendant in her courtroom to use a restricted staircase to avoid removal by the U.S. Department of Homeland Security.
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February 23, 2026
How Greenberg Thinks Tariff Ruling Could Affect Dealmaking
The U.S. Supreme Court's ruling invalidating IEEPA-based tariffs gave dealmakers clarity on how to pursue potential refund rights in mergers and acquisitions, but President Donald Trump's swift announcement of new global tariffs has immediately reintroduced dealmaking uncertainty.
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February 23, 2026
Catching Up With Delaware's Chancery Court
Legal fee feuds, noncompete pact breach fights and post-closing "earnout" battles piled up in Delaware's equity and commercial law venues last week, with top jurists briefing lawmakers on efforts to better manage crowded dockets and expanded benches.
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February 23, 2026
2nd Circ. Chief Judge To Take Senior Status
Chief Judge Debra Ann Livingston of the Second Circuit will take senior status over the summer, giving President Donald Trump another appellate seat to fill.
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February 20, 2026
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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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.