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Business of Law
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October 16, 2025
IRS Agents Lose Defamation Suit Against Hunter Biden's Atty
An attorney who defended Hunter Biden against criminal tax charges was only expressing his legal opinion when he accused Internal Revenue Service agents of illegally disclosing his client's private tax information, a D.C. federal judge ruled in dismissing the agents' complaint for defamation.
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October 16, 2025
Ex-Trump Aide Bolton Indicted Over Classified Info Handling
John Bolton, the former national security adviser to President Donald Trump, was indicted Thursday by a Maryland federal grand jury on charges related to the handling of classified information.
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October 16, 2025
Many NY Trial Judges Elevated In Secret, Report Finds
Hundreds of New York state judges are permanently elevated to top trial courts via a secretive appointment process, according to a report released Thursday.
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October 16, 2025
5th Circ. Calls For Narrow Sanctions In Southwest Bias Fight
The Fifth Circuit stood by its decision to scuttle a contempt order mandating religious bias training for attorneys representing Southwest Airlines in a flight attendant's discrimination suit, but tweaked a May panel ruling to instruct a trial court to impose "narrowly tailored" sanctions.
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October 16, 2025
Saul Ewing Asks For End To Ex-Conrail CEO's Legal Mal Suit
Following a federal court decision upholding an $11 million arbitration award against former Conrail CEO David LeVan that stemmed from a failed Gettysburg casino project, Saul Ewing has urged a Philadelphia judge to find that LeVan is time-barred from bringing his malpractice case against the firm, in which he accused it of poorly advising him during the fallout of the collapsed deal.
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October 16, 2025
US Attorney Nominations For Missouri And Indiana Advance
The Senate Judiciary Committee voted to approve, along party lines, two U.S. attorney nominees for Missouri and Indiana on Thursday.
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October 16, 2025
ABA Says Attys Must Be Clear About Neutrality In Mediations
Attorneys who agree to work as neutral, third-party mediators must make it explicitly clear that they are not advising or holding privilege with participants, the American Bar Association has warned in its latest ethics opinion.
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October 15, 2025
Jack Smith And Other Ex-DOJ Staffers Slam Trump Purge
Former U.S. Department of Justice employees, including former special counsel Jack Smith, spoke out Wednesday in support of colleagues fired or forced to resign by the Trump administration, issuing a warning about the "existential crisis" born from efforts to use the agency to punish the president's political opponents.
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October 15, 2025
Vought Aims To Close CFPB Within '2 Or 3 Months'
White House budget chief Russell Vought said Wednesday that he wants to shutter the Consumer Financial Protection Bureau and expects to succeed in the next few months, despite the Trump administration's claims in court that the agency is just being downsized.
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October 15, 2025
Goldstein Can't Dismiss 2016 Tax Charges As Time-Barred
A Maryland federal judge denied SCOTUSblog co-founder Tom Goldstein's motion to dismiss four of the 22 federal tax charges brought against him in January, ruling that his defense that the counts stemming from the 2016 tax year should be time-barred will have to be raised at trial.
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October 15, 2025
High Court Leans Toward Limiting Voting Rights Act Suits
The U.S. Supreme Court's conservative supermajority seemed ready Wednesday to further limit the use of the Voting Rights Act in challenging alleged racial discrimination in legislative redistricting, but appeared divided over how to accomplish that.
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October 15, 2025
Chief Judge Bars Civil Arrests In Cook County Courts
Cook County's top judge issued an order Wednesday prohibiting the warrantless civil arrest of individuals attending court proceedings in Chicago-area state courthouses, as the federal government has ramped up immigration enforcement and arrests in the area.
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October 15, 2025
NY Court Tosses Most Of Ex-Lil Wayne Atty's Contract Claims
A New York state judge has dismissed most counterclaims a former attorney for Lil Wayne pursued in a fee dispute with his ex-client, but the lawyer may still attempt to collect some funds he claims to be owed by the rap star.
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October 15, 2025
Ex-WH Ethics Attys Slam 'Vindictive' Comey, James Charges
Three former White House ethics attorneys have filed complaints with the U.S. Department of Justice over what they call the "vindictive and meritless" criminal prosecutions of former FBI Director James Comey and New York Attorney General Letitia James.
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October 15, 2025
Some Federal Workers Win Quick Block On Shutdown Layoffs
A California federal judge on Wednesday granted a request from two unions representing thousands of federal workers to immediately block the Trump administration from laying them off during the government shutdown, saying she believes the plaintiffs will show that "what's being done here is both illegal and is in excess of authority."
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October 15, 2025
DHS Says Seizure Of Atty's Phone Tied To Employment Probe
The government is pushing back on a Massachusetts immigration attorney's allegations that his work phone was seized in retaliation for his criticism of the Trump administration and advocacy for noncitizens, saying it's looking into whether he violated federal employment verification laws.
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October 14, 2025
NJ, Del. Judges Stress Value Of Local Counsel For IP Attys
Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.
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October 14, 2025
Skinny Labels, Orange Book Take Center Stage In IP Talks
Patent litigators focused on pharmaceuticals and biotechnology met Tuesday to work through the biggest issues in their industries, including possible reform to skinny label law, frustration with position-switching in litigation, concerns about when to list patents in the U.S. Food and Drug Administration's Orange Book and data on the relatively low impact of new policies at the U.S. Patent and Trademark Office.
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October 14, 2025
California Bans Fee Sharing With 'Alternative' Law Firms
California Gov. Gavin Newsom has signed a bill into law that blocks Golden State lawyers and firms from sharing contingency fees with out-of-state firms owned by non-lawyers.
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October 14, 2025
As Shutdown Drags On, Judiciary To Face Belt-Tightening
With no end in sight to the government shutdown, the situation for the federal judiciary will get worse after Friday.
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October 14, 2025
Ex-Fujitec Atty May Sue Over Defamation But Not Race Bias
A Cincinnati federal judge has ended racial discrimination claims brought by the former top lawyer for Fujitec America against the elevator company, while leaving intact a defamation claim the attorney is pursuing against a colleague who he said made bogus allegations leading to his firing.
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October 14, 2025
Wash. To Launch Portal For Entities Applying To Practice Law
Applications for businesses and nonprofits to provide legal services in Washington state will go live next week, the Washington State Bar Association announced Tuesday, a major milestone in a state Supreme Court-approved plan to expand who can practice law.
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October 14, 2025
Judge Denies Gov't's 'Overbroad' Comey Discovery Proposal
A Virginia federal judge has shot down prosecutors' recommendations for a protective order covering discovery material such as law enforcement documents and private communications in its case against ex-FBI Director James Comey, calling the proposal "overbroad" as it would have kept Comey's attorneys from leaving discovery material with Comey himself.
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October 14, 2025
Voting Rights Case Could Further Chief's 'Central Project'
As a 20-something special assistant in President Ronald Reagan's Department of Justice, John G. Roberts Jr. argued a test focused on the discriminatory effects of legislative redistricting on minority voters would be unconstitutional. Now, four decades later and as chief justice of the United States, he has a chance to make that view the law of the land.
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October 14, 2025
Has The 9th Circ.'s Rightward Shift Ended Bids To Split It?
Republican lawmakers have long dreamed of breaking up the nation's largest appellate court. But that fervor has diminished as the Ninth Circuit's balance of Democratic and Republican appointees has evened out in recent years, upending the circuit's status as a culture war lightning rod.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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What Justices Left Unsaid About The Federal Tort Claims Act
The U.S. Supreme Court's recent decision in Martin v. U.S. rejected the Eleventh Circuit's interpretation of the Federal Tort Claims Act in the case of a botched police raid — but left unresolved many questions about plaintiffs' ability to hold the government accountable for officers' misdeeds, says Scott Brooks at Levy Firestone.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.