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Business of Law
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June 05, 2025
Justices Nix Higher Hurdle For Heterosexual Bias Claims
A unanimous U.S. Supreme Court on Thursday vacated the Sixth Circuit's ruling that plaintiffs claiming anti-heterosexual workplace discrimination need to provide extra "background circumstances" evidence, opining that it improperly imposed special standards on majority-group plaintiffs.
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June 04, 2025
Skadden Foundation Chief Exits, Urging Pro Bono 'Courage'
The executive director of Skadden Arps Slate Meagher & Flom LLP's Fellowship Foundation, which funds public interest legal work, announced her resignation Wednesday, two months after the firm struck a deal with President Donald Trump to avert an executive order that could have interfered with its business.
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June 04, 2025
What To Know About Trump's Shake-Up At Copyright Office
The firing of Shira Perlmutter by President Donald Trump as the head of the U.S. Copyright Office has introduced uncertainty into the agency's operations, including whether a previously unannounced report on artificial intelligence will ever be released, and set up a fight regarding the president's power to remove and replace whoever he wants without congressional input.
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June 04, 2025
High Court Told 'Categorical' Right To Counsel Must Persist
A criminal defendant's right to consult with counsel during an overnight trial recess is "clear and categorical," a man who didn't receive that right has told the U.S. Supreme Court in preparation for his Sixth Amendment case to be heard before the justices.
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June 04, 2025
Scalia Invoked Against Trump's Citizenship Stance At 9th Circ.
A panel of Ninth Circuit judges scrutinized the Trump administration's take on the citizenship clause as the government argued Wednesday to preserve the president's push to curb birthright citizenship, with one judge suggesting the late U.S. Supreme Court Justice Antonin Scalia would've rejected the attempt to read "beyond the mere words" of the 14th Amendment.
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June 04, 2025
FTC Fights Attys Who Want State Bar Input On Ethics Worries
The Federal Trade Commission doesn't want staff attorneys to be able to seek state bar association guidance if they dispute the legality of an instruction, arguing in a fight with the FTC's union that seeking such guidance would gum up the gears of commission work.
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June 04, 2025
6th Circ. Pick Quizzed On Experience, Ties To Conservatives
The first batch of judicial nominees of President Donald Trump's second administration had their hearing before the Senate Judiciary Committee on Wednesday, during which a Sixth Circuit nominee fielded questions about litigants' obligation to follow court orders and her connection to Leonard Leo-affiliated groups following Trump bashing the former Federalist Society executive.
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June 04, 2025
Titan Of The Plaintiffs Bar: Bernstein Litowitz's Salvatore Graziano
When Bernstein Litowitz Berger & Grossmann LLP's Salvatore Graziano made the switch from prosecution to securities litigation in the '90s, he realized he had an uphill battle ahead of him.
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June 04, 2025
DOJ Alumni Aid Group Launches Pro Bono Legal Network
Justice Connection, a group founded by former U.S. Department of Justice attorneys in response to the Trump administration's ongoing purge of the department, has launched a pro bono legal network to represent DOJ attorneys being "unfairly targeted" by the administration.
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June 04, 2025
MoFo Can't Escape Perkins Coie's 'Taint' In IP Suit, Court Told
Biometric security company FaceTec told a California federal judge that Morrison & Foerster LLP should be barred from representing identity verification platform Jumio in a patent suit, arguing that its participation is "tainted" by the actions of disqualified co-counsel Perkins Coie LLP.
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June 03, 2025
Google Taps Ex-SG, Munger Tolles Partner For Monopoly Fight
Google has hired former U.S. Solicitor General and prominent U.S. Supreme Court attorney and Munger Tolles & Olson LLP partner Donald B. Verrilli Jr. to represent it in high-profile litigation accusing the tech giant of monopolizing the online search market, according to a notice filed in District of Columbia federal court Tuesday.
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June 03, 2025
SEC Chair Says Next Steps On Crypto Regs Coming Soon
U.S. Securities and Exchange Commission Chair Paul Atkins indicated Tuesday that the agency is working toward proposing regulations for the cryptocurrency industry and that a key aspect of the work being done by a recently established crypto task force could be complete within a matter of months.
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June 03, 2025
Senators Preview Possible National Injunction Reforms
A Senate hearing on Tuesday was marked largely by partisan fighting over whether federal courts have justifiably ruled against the Trump administration, but there were some hints that cooperation to rein in acknowledged litigation abuses such as forum shopping and universal injunctions might be possible.
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June 03, 2025
Bills Texas Attys Should Know From The 2025 Session
Texas lawmakers wrapped up the state's 89th legislative session this week, passing a number of bills on topics like artificial intelligence and social media, business law and the authorities granted to the attorney general.
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June 03, 2025
Groups Ask California Bar To Discipline Google's Kent Walker
Four organizations are citing new court developments involving Google Inc. Chief Legal Officer Kent Walker's alleged mishandling of evidence in again asking the State Bar of California to discipline him.
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June 03, 2025
5th Paul Weiss Atty Joins New Firm Dunn Isaacson Rhee
A partner with Paul Weiss Rifkind Wharton & Garrison LLP announced on LinkedIn this week that he's joining a new small firm that consists of other former Paul Weiss partners.
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June 03, 2025
NJ Mayor Accuses US Atty Habba Of Defamation, False Arrest
Newark, New Jersey, Mayor Ras Baraka filed suit Tuesday against interim U.S. Attorney Alina Habba over his May 9 arrest outside a U.S. Immigration and Customs Enforcement facility he was visiting with three members of Congress, claiming false arrest, malicious prosecution and defamation.
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June 03, 2025
Titan Of The Plaintiffs Bar: Reid Collins' Lisa Tsai
Reid Collins & Tsai LLP co-founder and managing partner Lisa Tsai and her team secured a $64.7 million final judgment against Credit Suisse for its role in a fraudulent appraisal that overvalued the Lake Las Vegas development, inducing plaintiff Claymore Holdings and other lenders to invest, earning her recognition as one of Law360’s 2025 Titans of the Plaintiffs Bar.
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June 03, 2025
Butler Snow Calls Bogus AI Citations An 'Isolated Event'
Butler Snow LLP has told an Alabama federal court that fake citations in two of its filings in a prison abuse case that were the result of AI-generated "hallucinations" were an "isolated event," and it is revising policies and procedures to ensure such mistakes won't happen again.
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June 03, 2025
Tom Girardi Sentenced To Over 7 Years For $15M Client Fraud
A California federal judge sentenced Tom Girardi on Tuesday to over seven years in prison for his wire fraud conviction, granting some leniency to the disbarred attorney on his 86th birthday by imposing a sentence below the guidelines in recognition of his age and ailing health.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 02, 2025
Crowell & Moring Opens In Boston With Faber Daeufer Tie-Up
Crowell & Moring LLP and Faber Daeufer & Itrato PC announced Tuesday they have combined, allowing Crowell & Moring to open an office in Boston that builds on Faber Daeufer's strong presence in the city's life sciences community.
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June 02, 2025
Despite 11-1 Split Warning, 7th Circ. Limits Use Of Mandamus
The Seventh Circuit shrugged off assertions that it has inexplicably adopted one-of-a-kind restrictions on change-of-venue challenges, refusing Monday to rethink its recent rejection of mandamus as a mechanism to fight forum selection decisions.
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June 02, 2025
Jenner & Block Ruling 'Meant What It Said,' Judge Tells Feds
The order striking down the Trump administration's executive order targeting Jenner & Block LLP "meant what it said," a Washington, D.C., federal judge ruled Monday, saying the government must rescind enforcement of all parts of the president's directive.
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June 02, 2025
Trump Renews Call For Justices To Lift Gov't Overhaul Pause
President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.