Business of Law

  • June 12, 2025

    Approach The Bench: Judge Proctor On Civility, Civil Rules

    R. David Proctor, chief judge of the Northern District of Alabama, is a leader within the federal judiciary. He's both assigned and presided over multidistrict litigation. He may write a nationwide rule governing third-party litigation funding. And he's gained internet fame for ordering two attorneys to eat lunch together.

  • June 12, 2025

    Ex-Interior Secretary Salazar On 'Coming Home' To WilmerHale

    Former U.S. Sen. Ken Salazar of Colorado, who served as secretary of the U.S. Department of the Interior during the Obama administration and most recently as ambassador to Mexico during the Biden administration, returned this month to WilmerHale's Denver office, which he founded in 2014.

  • June 12, 2025

    Justices Say Habeas Claims Can't Be Added After Judgment

    The U.S. Supreme Court on Thursday ruled that a prisoner may not add new claims to a habeas corpus petition once a final judgment is issued, cementing strict limits on repeat habeas filings prescribed by federal law.

  • June 12, 2025

    Weinstein Sex Abuse Trial Ends After Mixed, Partial Verdict

    Harvey Weinstein's sexual abuse retrial ended Thursday with a Manhattan jury failing to reach a verdict on a count alleging the movie mogul raped an actress, one day after he was convicted of forcing sex on a production assistant and cleared on a third charge.

  • June 12, 2025

    Justices Limit FTCA Defense In FBI Raid Case

    The U.S. Supreme Court on Thursday held that the Constitution's supremacy clause cannot shield the federal government from Federal Tort Claims Act suits, in the process reviving a Georgia woman's claim over an FBI raid aimed at a gang member but mistakenly carried out at her home.

  • June 11, 2025

    Calif. Justices OK More Bar Exam Proposals After Fiasco

    The California Supreme Court on Wednesday approved more measures to address the widespread problems that arose during the administration of the February bar exam, which includes a provisional license program for applicants who failed or withdrew from the exam. 

  • June 11, 2025

    DOJ's Focus On Cartels Raises Compliance Risks For US Cos.

    U.S. corporations with business interests south of the border are increasingly worried about exposure to terrorism-related criminal charges under the Trump administration for inadvertently working with cartels linked to major business sectors throughout Mexico, from energy and manufacturing to financial services, compliance experts tell Law360.

  • June 11, 2025

    Ex-Judges Urge High Court To Protect Right To Counsel

    A group of six high-profile retired judges urged the Supreme Court to protect criminal defendants' right to consult with counsel during overnight trial recesses, saying a current "patchwork" of practices in this area is bad for judges as well as defendants.

  • June 11, 2025

    DC Circ. Pauses Habeas Order In Alien Enemies Act Case

    The D.C. Circuit has agreed to briefly pause a lower court order requiring the Trump administration to give due process to Venezuelan immigrants deported from the U.S. to a Salvadoran prison under the Alien Enemies Act.

  • June 11, 2025

    DOJ Says Newsom Can't Ask Court To Halt Guard Deployment

    The Trump administration is telling a California federal judge its decision to federalize the National Guard is unreviewable in court, calling California Gov. Gavin Newsom's effort to stop the takeover "a crass political stunt" in a new filing Wednesday.

  • June 11, 2025

    DOJ Legal Policy Chief, Adviser On Judge Selections, Resigns

    Aaron Reitz, a top U.S. Department of Justice official who works on judicial nominations, announced Wednesday he's resigning after being confirmed for the role on March 26.

  • June 11, 2025

    These Firms Are Landing The Most Patent Litigation Work

    Rabicoff Law LLC reclaimed its status as the most active firm for patent plaintiffs, having filed more than twice as many cases in 2024 as it did in 2023, according to a new report from Lex Machina.

  • June 11, 2025

    Queens Defenders Ex-Director Charged With Embezzling

    A former executive director of Queens Defenders and her husband are charged with embezzling $60,000 from the organization and spending it on personal expenses including rent for a penthouse apartment, luxury goods, vacations and teeth-whitening procedures, prosecutors say in an indictment unsealed Wednesday in New York federal court.

  • June 11, 2025

    Atty Wants 6th Circ. To Vacate Tenn. 'Gag Order' Rule Decision

    If the Sixth Circuit does not undo a decision that a Nashville attorney didn't have standing to challenge a since-rescinded Middle District of Tennessee rule concerning lawyers' "extrajudicial statements," it could "be all but impossible" for lawyers to challenge similar court rules in the future, the attorney said Wednesday.

  • June 11, 2025

    New Patent Cases Rebound As EDTX Seals Top Venue Spot

    The number of new patent suits filed in 2024 increased 22.2% over 2023, bouncing back from a historically slow year, and the Eastern District of Texas further cemented its status as the most popular patent venue after a rule change made another Texas district less attractive to plaintiffs.

  • June 11, 2025

    JC Penney Blasts Jackson Walker Bid To Escape Fee Dispute

    J.C. Penney has called on a Texas bankruptcy court to knock down Jackson Walker LLP's bid to escape a fee suit prompted by a yearslong secret romance between a former firm partner and a onetime bankruptcy judge, saying the firm's dismissal bid is "riddled with implausibility, excuse and contradiction."

  • June 11, 2025

    Trump Presses 2nd Circ. To Federalize Hush Money Appeal

    Counsel for President Donald Trump on Wednesday urged the Second Circuit to take over the appeal of his New York state hush money conviction post-trial, saying a federal judge in Manhattan wrongly denied removal, and the landscape has now changed in light of the U.S. Supreme Court's landmark presidential immunity decision.

  • June 11, 2025

    J&J's Beasley Allen DQ Bid Based On 'Innuendo,' Court Told

    A California couple ripped Johnson & Johnson's renewed bid to block two Beasley Allen Law Firm attorneys from representing them in their suit accusing the company of selling carcinogenic talc-based baby powder, arguing the company's opposition is based largely on "innuendo" rather than proof of misconduct by the lawyers.

  • June 11, 2025

    Ex-Copyright Leader Says Firing Risks 'Inoperable' Agency

    The fired leader of the U.S. Copyright Office has asked a D.C. federal judge to block the Trump administration's action while she challenges her termination, arguing that significant functions of the government agency could be rendered "inoperable" without judicial intervention.

  • June 10, 2025

    Judiciary Panel Advances New Rules On Amici, AI, Subpoenas

    The federal judiciary's top policy panel Tuesday propelled revamped rules regarding numerous hot legal topics, including artificial intelligence, "dark money" groups bankrolling amicus briefs and the subpoena powers of courts and defense counsel.

  • June 10, 2025

    NJ Rep. LaMonica McIver Indicted Over ICE Facility Incident

    U.S. Rep. LaMonica McIver has been charged with forcibly impeding and interfering with federal officers during her inspection of a Newark, New Jersey, immigration detention facility last month, the U.S. Department of Justice announced Tuesday.

  • June 10, 2025

    Feds Reboot FCPA Agenda With Narrower Enforcement Focus

    The U.S. Department of Justice on Tuesday released new and tightened guidelines for enforcement of the Foreign Corrupt Practices Act after a four-month pause on such prosecutions, centering prospective investigations on situations that affect U.S. competitiveness and national security as well as transnational cartels.

  • June 10, 2025

    ABA 'Surprised And Disappointed' By DOJ Shunning

    The American Bar Association on Tuesday defended its long-standing process for reviewing judicial nominees and said Attorney General Pam Bondi was wrong to call the group an "activist organization."

  • June 10, 2025

    Key Insights On Looming Fair Use Rulings In AI Cases

    Two California federal judges have indicated they are inclined to find that using copyrighted material to train artificial intelligence systems is transformative, which usually means that copying a work is fair, but that may not let Meta Platforms and Anthropic off the hook in separate lawsuits.

  • June 10, 2025

    State Chief Justices Blast Plans To Cut Legal Services Corp.

    A coalition of 37 state Supreme Court chief justices have asked federal lawmakers to reject President Donald Trump's plans to eliminate the Legal Services Corp., arguing that the "justice system is hobbled when citizens are deprived of legal counsel."

Expert Analysis

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Considering Chevron's End Through A State Tax Lens

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    States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • Comparing Antitrust Outlooks Amid Google Remedy Review

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    As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

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