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Business of Law
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July 08, 2025
Approach The Bench: Judge Biery Has Fun Writing
U.S. District Judge Fred Biery is now famous for the quirky written opinions he's produced during three decades as a trial judge for the Western District of Texas, but he was on the federal bench for a few years before he started to experiment in his opinion writing.
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July 08, 2025
US Supreme Court Term In Review: What You Need To Know
The U.S. Supreme Court considered many significant legal issues this term, including the proper venue for challenging agency actions and the level of scrutiny courts should apply to bans on gender-affirming care for transgender minors. But the emergency docket and a decision limiting nationwide injunctions loomed large. Here, Law360 takes a look at the cases and those who litigated them, as well as the sharpest writings from the justices.
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July 08, 2025
Trade Court Judge Sworn In As USDA Deputy Secretary
Judge Stephen A. Vaden of the U.S. Court of International Trade has resigned from his judgeship to join the U.S. Department of Agriculture as the second-in-command.
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July 07, 2025
Wis. Judge Can't Slip ICE Arrest Case, Magistrate Judge Says
The Wisconsin judge accused of helping an immigrant living in the country illegally avoid arrest shouldn't be able to get her indictment dismissed just yet, a federal magistrate judge recommended Monday, rejecting her argument that judicial immunity shields her from the case.
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July 07, 2025
Fox Rothschild Seeks To Exit NJ Case Over Litigation Funding
Fox Rothschild LLP urged a New Jersey state court on Monday to toss claims brought by a couple injured in a vehicle crash alleging they were unlawfully steered to cover medical expenses with high-interest loans from the law firm's litigation funder client, saying its involvement was limited to a "tangential, representative role."
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July 07, 2025
Calif. Justices Disbar SF Atty For Defrauding Elderly Client
The California Supreme Court has ordered the disbarment of a San Francisco lawyer who authorities say overcharged an elderly trust account client with advanced dementia, finding that he "repeatedly failed to uphold the most basic duties of an attorney" and is "unfit to serve as a member of the bar."
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July 07, 2025
Annoyed Fed. Circ. Judge Unsure Where To Land In Drug Row
An irascible Federal Circuit judge chewed out both sides of the aisle Monday morning during arguments over a generic endocrine disorder drug, and although she accused one attorney of "beating a straw man to death," the judge said she still wasn't sure how she would decide the appeal.
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July 07, 2025
FTC Wants More Time To Present Case Against Amazon Prime
The Federal Trade Commission asked a Washington federal judge for 10 days to put on its case-in-chief against Amazon over alleged deceptive practices that trick customers into automatically renewing Prime subscriptions, arguing the evidence at the upcoming trial would be "voluminous and complex," and lengthening the trial won't prejudice Amazon.
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July 07, 2025
Trump Orders Treasury To Restrain Solar, Wind Tax Credits
President Donald Trump ordered the U.S. Treasury Department on Monday to begin carrying out cuts and restrictions to the solar and wind production and investment tax credits that were mandated in the budget bill Trump signed Friday.
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July 07, 2025
Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2025
The social media addiction multidistrict litigation against the biggest tech companies and a U.S. Supreme Court case regarding state medical malpractice lawsuit requirements are among the cases injury and malpractice attorneys will be following closely in the second half of 2025.
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July 07, 2025
Biggest Enviro Cases To Watch In 2025: Midyear Report
Law360 previews the lawsuits environmental attorneys will be watching closely during the second half of 2025, including the Trump administration's challenge to states' efforts to slow climate change, a lawsuit seeking to continue federal funding for climate change projects and product liability cases over forever chemicals in consumer goods.
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July 07, 2025
MyPillow CEO's Attys Sanctioned Over False AI Citations
Two attorneys for MyPillow CEO Mike Lindell were sanctioned by a Colorado federal judge on Monday over a February brief containing nearly 30 "defective citations" after using artificial intelligence.
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July 07, 2025
Non-Attys Eyed To Tackle Civil Justice Gap In Ga. Pilot
A Georgia Supreme Court committee has proposed the state start a pilot program to train non-attorneys to handle some legal tasks in evictions and other housing cases and consumer-debt matters, saying this "'assisted pro se' model" would improve rural and low-income people's access to civil legal services.
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July 07, 2025
DOJ Wants Md. Federal Judges' Immigration Orders Blocked
A Maryland federal court standing order temporarily staving off the deportation of detained noncitizens who file habeas petitions is barred by a recent U.S. Supreme Court ruling that federal judges do not have authority to issue universal injunctions, according to the Trump administration.
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July 07, 2025
Feds Cite National Security As Trial Over Student Visas Begins
A Trump administration lawyer told a Massachusetts federal judge Monday that the government's decision to revoke the visas of hundreds of college students and faculty over their pro-Palestinian speech was not viewpoint discrimination but a response to what it contends are threats to national security.
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July 07, 2025
More NY Public Interest Attys And Advocates Authorize Strikes
Eight chapters of the Association of Legal Aid Attorneys — a union that represents thousands of public interest attorneys and advocates in the New York City metro area — have voted to authorize strikes as workers hope their sectoral bargaining strategy will lead to more favorable deals with managers.
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July 04, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen the owner of Crystal Palace and the troubled Olympique Lyonnais football clubs sue its current chief executive John Textor, Fieldfisher faces a claim by Georgian businessman Zaza Okusahvili, and a dispute partner at Travers Smith file a personal injury claim against the firm.
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July 03, 2025
SEC Signals Openness To Novel Crypto ETPs
The U.S. Securities and Exchange Commission appears to be laying the groundwork to approve increasingly innovative crypto exchange-traded products with a staff statement on disclosure expectations and the recent approval of a novel fund, but experts said the commission's openness comes with a focus on fulsome disclosure.
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July 03, 2025
139 EPA Workers Put On Leave For Letter Critical Of Trump
The U.S. Environmental Protection Agency confirmed Thursday that it had placed 139 employees on administrative leave after they signed onto a letter criticizing the Trump administration's policies as undermining the agency's "mission of protecting human health and the environment."
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July 03, 2025
CFPB Funding Cut Could Alter Injunction Calculus At DC Circ.
The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
Justices Extend Due Process Pause To South Sudan Removals
The U.S. Supreme Court clarified Thursday that its recent order allowing the Trump administration to send noncitizens to countries they have no connection to with little notice or chance to object extends to a group of men the government plans to send to South Sudan.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
Spectrum, Border, Injunction Changes Included In Mega Bill
The House voted 218-214, almost along party lines, on Thursday on the reconciliation budget package, which includes a range of policy provisions on nationwide injunctions, spectrum and immigration and now goes to President Donald Trump's desk ahead of the decided Fourth of July deadline.
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July 03, 2025
Law360's Legal Lions Of The Week
The Becket Fund for Religious Liberty leads this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that a Maryland school district burdened parents' religious rights when it declined to provide opt-outs from a policy that introduced LGBTQ-themed storybooks into its K-12 English curriculum.
Expert Analysis
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Roundup
Law School's Missed Lessons
In this Expert Analysis series, attorneys offer advice on navigating real-world aspects of legal practice that are often overlooked in law school.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.