Business of Law

  • September 08, 2025

    Barrett Talks Dobbs, Court's Role In New Book

    U.S. Supreme Court Justice Amy Coney Barrett defends her vote to overturn Roe v. Wade and declare there's no constitutional right to abortion in her new memoir, which also provides unique insight into her view of the judiciary's role in American democracy and her approach to interpreting law.

  • September 08, 2025

    Securities Class Actions Had A Late Summer Appellate Bloom

    While the later summer months are often a quiet time for the nation's courts, the federal appellate courts were hard at work this past July and August issuing important rulings on class certification standards for shareholder lawsuits and handing down split-panel decisions over the future of disclosure litigation.

  • September 08, 2025

    FisherBroyles Can't Nix Stem Cell Patent Malpractice Claim

    A California judge on Monday denied FisherBroyles LLP's motion to toss a claim in a $10 million malpractice suit brought against it by a stem cell treatment center, ruling the firm missed a deadline to file the motion. 

  • September 08, 2025

    Grassley Blocked On Quick US Attorney Confirmations

    Senate Judiciary Committee chair Sen. Chuck Grassley, R-Iowa, tried Monday to quickly confirm 10 nominees for U.S. attorneys, but was blocked by Senate Minority Leader Chuck Schumer, D-N.Y.

  • September 08, 2025

    Class Actions May Be The New Injunction Bid, And Next Target

    In the two months since the Supreme Court hobbled universal injunctions, lawyers and trial judges have pivoted to adjust to a new litigation landscape, with class actions playing a larger role in lawsuits seeking to stop presidential policies. That, in turn, could put the tactic in the administration's crosshairs.

  • September 08, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.

  • September 08, 2025

    Appeal Limited To NJ US Atty DQ Ruling, 3rd Circ. Told

    The federal government and defense counsel have agreed that the scope of a Third Circuit appeal is limited to the disqualification of New Jersey Acting U.S. Attorney Alina Habba from overseeing two cases.

  • September 08, 2025

    Dems Again Ask NY Ethics Body To Investigate Bove

    Two Democratic senators filed an updated ethics complaint with the New York State Courts' attorney ethics body against recently confirmed Third Circuit Judge Emil Bove, citing what they called his "quid pro quo deal" to drop criminal charges against New York City Mayor Eric Adams and other alleged ethical violations.

  • September 08, 2025

    Mass. Justices Asked To Find Atty Had Duty To Seek Plea Deal

    A man who has spent more than four decades in prison for a 1983 murder asked Massachusetts' high court Monday to find that his defense attorney's failure to pursue a plea bargain with prosecutors entitles him to a new trial, in a case that could alter the standard for finding a lawyer's work was ineffective.

  • September 08, 2025

    Tracking The Copyright Fights Between Creators And AI Cos.

    In the three years since ChatGPT burst onto the scene, artificial intelligence developers like OpenAI, Meta and Anthropic have faced dozens of lawsuits accusing them of infringing the intellectual property of authors, artists, news organizations and the like.

  • September 05, 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.

  • September 05, 2025

    SEC Lost Year's Worth Of Gary Gensler Texts, Watchdog Says

    The U.S. Securities and Exchange Commission made "avoidable errors" that caused the agency to lose all text messages sent and received by former chair Gary Gensler for nearly a year of his tenure, some of which haven't been recovered, according to a report from the SEC's Office of Inspector General.

  • September 05, 2025

    DC Circ. Won't Halt Order Releasing Billions In Foreign Aid

    Both a divided D.C. Circuit panel and a district court judge Friday refused to hit pause on the judge's recent order requiring the Trump administration to release billions of dollars in frozen foreign aid.

  • September 05, 2025

    OnlyFans Users May Face Sanctions Over AI 'Misuse'

    OnlyFans users who have alleged the site employs professional "chatters" to impersonate content creators are facing possible sanctions in their case, as a California federal judge ordered their attorneys to appear in court for filing briefs with nonexistent citations and quotations generated by an AI chatbot.

  • September 05, 2025

    Trump Plan For Nat'l Guard In Chicago Sparks Legal Concerns

    President Donald Trump's plan to send the National Guard to Chicago over the objections of Illinois' governor could face similar legal hurdles as his use of the military in Los Angeles to quell protests over immigration raids, with some experts and local officials suggesting he may try to use an impending immigration crackdown in the city to justify a similar deployment.

  • September 05, 2025

    Democrat Slaughter Asks Justices To Let Her Stay On FTC

    Democratic Federal Trade Commissioner Rebecca Slaughter urged the U.S. Supreme Court on Friday not to pause her reinstatement while the Trump administration challenges lower court decisions holding that her firing was illegal, saying those decisions were plainly correct and she's in no danger of sowing "chaos."

  • September 05, 2025

    SEC, CFTC Set Sights On Crypto In Regulatory Collab

    The U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission said Friday they are moving forward with a broad regulatory harmonization effort that they hope will encourage innovation in growing markets, and lawyers tell Law360 they expect the focus to be writing rules governing the crypto sector.

  • September 05, 2025

    FTC Drops Appeal For Rule Banning Noncompetes

    The Federal Trade Commission officially abandoned its appeal Friday in a case that set aside a Biden administration rule banning the use of most employee noncompete clauses, but the agency said it plans to bring enforcement actions on a case-by-case basis instead.

  • September 05, 2025

    Judge Awards Over $6M In Atty Fees In Bluetooth Co.'s IP Suit

    A Colorado federal judge has awarded the attorneys representing a Bluetooth technology company more than $6 million after the company won on the bulk of its claims at trial last year in its trade secrets and breach of confidentiality case against a Massachusetts display technology company.

  • September 05, 2025

    How Attys Freed Woman Snatched By ICE In Less Than 48 Hours

    The breakneck speed with which a Colombian asylum-seeker was detained, transferred and nearly deported underscores the time crunch facing attorneys who fight removals, say the Keker Van Nest & Peters LLP lawyers whose pro bono work freed the woman from custody.

  • September 05, 2025

    Judicial Nominee Expands On Testimony About Ky. Pardons

    A judicial nominee for the Eastern District of Kentucky continues to distance himself from the controversial pardons issued by former Kentucky Gov. Matt Bevin, for whom he was counsel.

  • September 05, 2025

    Fla. Bar Moves To Suspend Atty Accused Of Widespread Scam

    The Florida Bar filed a petition Friday seeking the emergency suspension of a lawyer accused of scamming dozens of clients, failing to pay associates and paralegals who worked at his firm and repeatedly violating court orders.

  • September 05, 2025

    Not That Zuckerberg: Atty Sues Meta Over FB Page Takedown

    Indianapolis bankruptcy attorney Mark S. Zuckerberg is suing Meta Platforms Inc. after his firm's commercial Facebook account was repeatedly suspended because of his shared name with the tech company's CEO and founder.

  • September 05, 2025

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    In arguing that the proposed class action against the business should be denied, online platform OnlyFans' parent company said that the decision to use AI to create mistake-riddled documents is severe misconduct. Meanwhile, the U.S. Department of Labor's employee benefits arm unveiled a new fee disclosure rule involving pharmacy benefit managers and plans to revisit retirement plan fiduciary investment advice regulations. These are some of the stories in corporate legal news you may have missed in the past week.

  • September 05, 2025

    Motley Rice Fights OptumRx DQ Bid In Utah Opioid Suit

    Pharmacy benefit manager OptumRx cannot disqualify Motley Rice LLC from representing Utah in a lawsuit over the opioid crisis, since any information the firm obtained during its involvement in earlier government investigations is available to all other parties in the multidistrict litigation and so isn't confidential, the state has told a federal court.

Expert Analysis

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    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.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    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.

  • State Of The States' AI Legal Ethics Landscape

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    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.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    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.

  • Opinion

    This Election, We Need To Talk About Court Process

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    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.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    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.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Opinion

    Law Firm Reactions To Campus Protests May Chill DEI Efforts

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    Law firm decisions to rescind or withhold job offers based on candidates' pro-Palestine activism could negatively affect diversity, equity and inclusion efforts in the legal profession, compounding existing hiring and retention challenges, say Noor Shater at Penn Carey Law School, and Peter Farah and Jalal Shehadeh at the Palestinian American Bar Association.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Series

    After Chevron: Courts Will Still Defer To Feds On Nat'l Security

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    Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

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