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Business of Law
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July 18, 2025
Seven Months In, Race-Blind Charging Faces Test In Calif.
In January, California adopted race-blind charging as a statewide policy, after a law passed in 2022 went into effect. Now, seven months into the program's statewide rollout, race-blind charging is showing both promise and limitations.
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July 18, 2025
Nadine Menendez Attys Say Relationship Has 'Broken Down'
One of the law firms representing former U.S. Sen. Robert Menendez's wife in her bribery case told a New York federal judge Friday that it wants to leave the matter because the attorney-client relationship has "broken down."
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July 18, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the former owner of British oil refinery Prax Group sued following the collapse of his business empire, a unit of Shard Credit Partners target a married couple believed to have inflated the value of their companies before selling them, and Aerofoil Energy reignite patent action against AFE Group over the design of its F1-inspired cooling units.
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July 17, 2025
LA Ex-Judge Admonished For 'Discourteous,' 'Demeaning' Talk
California's Commission on Judicial Performance has publicly admonished a retired Los Angeles state judge for a pattern of "discourteous, undignified and impatient" behavior that also involved "demeaning" remarks toward women, findings that the judge said don't reflect "the full complexity of the circumstances."
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July 17, 2025
SEC Atty Exits After Hiding Revoked License, OIG Says
A longstanding employee of the U.S. Securities and Exchange Commission resigned after it was discovered that they had falsely reported being in good standing with a state bar association, according to the regulator's inspector general.
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July 17, 2025
6 Cases For Patent Attys To Watch In The Second Half Of 2025
The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.
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July 17, 2025
Wis. Senators Send List Of Bipartisan 7th Circ. Picks To Trump
The senators from Wisconsin, one Republican and one Democrat, have sent President Donald Trump a list of five candidates for the seat of the Seventh Circuit that is slated to open in October.
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July 17, 2025
5 Things To Know As California Courts Decide On AI Rule
Fourteen months after California Supreme Court Chief Justice Patricia Guerrero first convened a task force to study potential benefits and risks of using artificial intelligence in the court system, the Judicial Council of California is poised Friday to consider the proposed rules and standards the task force developed.
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July 17, 2025
J&J Loses Bid To DQ Beasley Allen From Talc MDL Committee
A New Jersey federal judge on Thursday denied Johnson & Johnson's bid to remove the Beasley Allen Law Firm from the plaintiffs steering committee in the multidistrict talc litigation but said that changes would be made to the committee's structure.
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July 17, 2025
Wisconsin Bar Settles Atty's Legal Challenge Over DEI Efforts
The State Bar of Wisconsin has settled a lawsuit from a lawyer challenging its diversity, equity and inclusion efforts, with the agency agreeing to apply a tweaked definition of diversity to two leadership programs.
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July 17, 2025
CFTC Restructures Enforcement Division Amid Layoffs
The Commodity Futures Trading Commission plans to lay off around two dozen staff members and has restructured its enforcement division by eliminating some management positions, a person familiar with the matter told Law360 Thursday.
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July 17, 2025
Israel Criticism Isn't Antisemitism, Judge Tells DOJ Lawyers
A Massachusetts federal judge overseeing a free speech trial over deportation actions targeting pro-Palestinian students and faculty said Thursday that "criticism of the state of Israel is not antisemitism," and that even the most "vile" statements, absent threats or violence, are protected by the First Amendment.
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July 17, 2025
Fla. Law Firm Zumpano Patricios Hit With Data Breach Suit
Miami-headquartered national law firm Zumpano Patricios is facing a proposed class action in Florida federal court accusing the firm of failing to protect sensitive information, including dates of birth and healthcare payments, that was compromised in a May data breach.
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July 17, 2025
Former Microsoft GC Remembered As Rule Of Law Champion
Former American Bar Association President William H. "Bill" Neukom, the first head lawyer for Microsoft and a longtime partner at a predecessor firm to K&L Gates LLP, has died at age 83, the bar said Wednesday.
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July 17, 2025
US Trustee Says Constitution Bars Jackson Walker Jury Trial
The federal government's bankruptcy watchdog told a Texas federal judge that under the Seventh Amendment, Jackson Walker LLP isn't entitled to a jury trial in its fee dispute stemming from a former bankruptcy judge's secret relationship with a onetime partner.
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July 17, 2025
Dems Walk Out On Vote Of Emil Bove For 3rd Circ.
The Democrats on the Senate Judiciary Committee walked out of the vote on Emil Bove's Third Circuit nomination on Thursday morning after Sen. Cory Booker, D-N.J., accused committee chair Sen. Chuck Grassley, R-Iowa, of subverting committee rules by not acknowledging his request to speak and rushing through the nomination.
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July 17, 2025
Watchdog Raises Concerns On 9th Circ. Nominee's Crypto Work
President Donald Trump's nominee for the Ninth Circuit has a long record of representing cryptocurrency companies, which a watchdog group fears could aid what it calls the president's "self-enrichment" with digital currency.
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July 16, 2025
Nonprofits Taking Immigrant Legal Aid Fight To DC Circ.
Nonprofit groups that are trying to stop the U.S. Department of Justice from cutting off funding to four programs that provide legal information to noncitizens are taking their fight with the Trump administration to the D.C. Circuit after a federal judge killed their lawsuit.
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July 16, 2025
Trump Taps Ex-Thomas, Kavanaugh Clerk For 3rd Circ.
President Donald Trump announced on social media Wednesday that he has chosen a Catholic University of America law professor, who is currently serving in the White House Counsel's office and has clerked for U.S. Supreme Court Justices Clarence Thomas and Brett Kavanaugh, to serve on the Third Circuit.
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July 16, 2025
Fired Davis Polk Associate Claims BigLaw Stifles Dissent
A former Davis Polk & Wardwell LLP associate who says he was fired last month after writing a series of columns critical of the Trump administration is speaking out about what he claims are BigLaw policies that stifle dissenting voices in the legal profession.
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July 16, 2025
Mass. Judges To Mull Dismissals Amid Defender Pay Standoff
Nearly two months after many court-appointed attorneys in Massachusetts stopped accepting new cases over what they say is poor pay, a solution still appears elusive, even as judges will soon start hearing motions to dismiss cases under an emergency order issued by a state high court justice.
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July 16, 2025
Justice Kavanaugh Pauses 8th Circ.'s Voting Rights Ruling
Supreme Court Justice Brett Kavanaugh on Wednesday administratively paused an Eighth Circuit decision to vacate two North Dakota tribes' challenge to two of the state's voting laws, pending the outcome of a forthcoming petition to the full high court.
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July 16, 2025
States Push To Keep Nationwide Block On Birthright Order
A coalition of states told a Massachusetts federal court Tuesday that nothing less than a nationwide injunction can provide complete relief in the states' case against President Donald Trump's executive order targeting birthright citizenship.
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July 16, 2025
Legal Aid Union Avoids Bias Claims Over Disciplinary Attempt
A legal aid attorneys' union didn't violate antidiscrimination laws by moving to discipline three members after they sued to block a controversial pro-Palestine resolution, but it may have violated labor law, a New York federal judge said, letting a trimmed version of the members' lawsuit against the union proceed.
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July 16, 2025
Fish & Richardson Avoids DQ From GM Patent Fight
A Chicago federal judge has declined to disqualify intellectual property firm Fish & Richardson PC from representing General Motors Co. in a suit over patents for fender designs, rejecting arguments that the firm sought to target a paralegal who had previously handled the case for opposing counsel.
Expert Analysis
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.