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Business of Law
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July 30, 2025
US Atty Swap Was 'Calculated' To Evade Senate, NJ Court Told
The reappointment of Alina Habba from interim to acting U.S. attorney for New Jersey was an unconstitutional maneuver "calculated to bypass Senate confirmation," a defendant seeking dismissal of his drug trafficking indictment told a federal judge Wednesday, while prosecutors opposed the motion as a "dispute over titles, not authority."
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July 30, 2025
White House Crypto Report Sets Blueprint For Coming Rules
A long-awaited report from the President's Working Group on Digital Asset Markets that was released Wednesday encouraged securities and derivatives regulators to use their existing authorities to clear the way for crypto issuance and trading in the absence of lasting legislation, while also urging banking regulators to sharpen standards for crypto engagement.
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July 30, 2025
Walmart Hoverboard Fire, Injury Case Ends After AI Scandal
A Wyoming family of five that sued Walmart after a hoverboard they bought exploded, destroying their home and causing serious burns, has agreed to permanently end litigation in a case marred by plaintiffs counsel getting caught pushing case law "hallucinated" by artificial intelligence.
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July 30, 2025
11th Circ. Revives Ga. Atty's Race Bias Suit Against State Bar
The Eleventh Circuit has revived a Georgia attorney's suit accusing the state's bar association of racial bias, finding that a district court wrongly dismissed the case for lack of jurisdiction.
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July 30, 2025
Calif. Sens. Slam Trump's US Atty 'Hijacking' To Keep LA Ally
California Sens. Alex Padilla and Adam Schiff issued a statement Wednesday condemning the Trump administration's decision to "circumvent the law" and appoint Bill Essayli as acting U.S. attorney in Los Angeles, in a move echoing the recent appointment of Alina Habba as acting U.S. attorney in New Jersey.
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July 30, 2025
Senate OKs Kirkland & Ellis Partner For Commerce Trade Role
The U.S. Senate confirmed William Kimmitt on Tuesday to lead the U.S. International Trade Administration at the U.S. Department of Commerce.
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July 30, 2025
Judge Denies Fired Copyright Chief's Reinstatement Bid
A D.C. federal judge ruled Wednesday that the fired leader of the U.S. Copyright Office cannot immediately be reinstated while she challenges her termination by the Trump administration, saying she has not shown irreparable harm to herself or that the agency "will grind to a halt without her."
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July 30, 2025
Black Atty Alleges McDermott Fired Her Because Of Her Race
McDermott Will & Emery LLP failed to address racist comments made during a diversity presentation, kept Black attorneys out of leadership and fired a Black associate who complained that she was repeatedly sidelined because of her race, the former employee alleged Wednesday in Illinois federal court.
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July 30, 2025
DC Judge Demands More Details On Atty's Fake Citations
In a minute order entered Wednesday, the Washington, D.C., federal judge presiding over a former executive's qui tam False Claims Act suit against a government contractor ordered plaintiff's counsel to provide more information on how nine citation errors came to be included in a motion last week, calling explanations to date "wholly inadequate."
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July 30, 2025
NJ Judge Accused Of Berating Truant Teens Called One 'Vile'
A New Jersey municipal court judge is accused of berating children in truancy hearings, threatening their families with deportation, and questioning their immigration status in open court — actions the state's judicial watchdog said violated multiple canons of judicial conduct.
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July 30, 2025
Dem Senators Press 9th Circ. Pick On Gender Role Beliefs
Eric Tung, a partner at Jones Day and nominee for the Ninth Circuit, faced questions from Democratic senators during his nomination hearing Wednesday about his views on gender roles, based on remarks he gave to the Yale Daily News in 2004, when he was in college.
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July 30, 2025
Atty Sues Leech Tishman Over Referral Amid Girardi Scandal
An attorney at Hunt Ortmann Palffy Nieves Darling & Mah Inc. has sued Leech Tishman Nelson Hardiman in California state court for allegedly refusing to pay her a $300,000 referral fee after she convinced her CEO father to hire the firm to represent him.
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July 30, 2025
Grassley 'Offended' By Trump's Blue Slip Criticism
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, said Wednesday he was "surprised" and "offended" by President Donald Trump's post Tuesday night urging him to get rid of so-called blue slips, which are essentially vetoes for home state senators over U.S. attorney and district court nominee picks.
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July 30, 2025
AI, Crypto Securities Class Actions On The Rise, Report Says
The filing of new securities class actions has remained steady during the first half of 2025, but investor suits related to artificial intelligence and cryptocurrency are on pace to increase, according to a Cornerstone Research report released Wednesday, signaling the recent rapid growth of both industries.
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July 29, 2025
Jackson Walker Gets Another Deal On Judge-Romance Claims
Jackson Walker LLP has reached another settlement with former bankruptcy clients to resolve fee disputes related to the concealed romance of a former partner with the firm and former Texas bankruptcy Judge David R. Jones, according to a motion filed Tuesday in Texas federal court.
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July 29, 2025
Miss. AG Says Judge's TRO Over State DEI Ban Full Of Errors
Mississippi's attorney general wants a federal judge to explain "indisputable factual inaccuracies" in his decision pausing enforcement of a state law prohibiting diversity, equity and inclusion in public schools, saying Monday that the judge's original order contained nonexistent allegations, wrongly identified plaintiffs and defendants, and quoted terms that don't appear in the legislative text.
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July 29, 2025
Judiciary Advises Not Filling Next 10th Circ. Vacancy, For Now
The Judicial Conference of the United States is recommending not filling the next vacancies on the U.S. Court of Appeals for the Tenth Circuit and a handful of district courts, for now, citing a "consistently low per-judgeship caseload" in those jurisdictions.
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July 29, 2025
Posner Wage Theft Claims Should Be Revived, 7th Circ. Told
A former staffer for retired U.S. Circuit Judge Richard Posner has asked the Seventh Circuit to review federal court rulings in his loss of wage theft claims against the ex-judge, arguing an Indiana federal judge permitted a botched discovery process and prematurely dismissed claims while fact issues remained.
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July 29, 2025
Trump Calls 'Blue Slip' Process 'Probably Unconstitutional'
President Donald Trump on Tuesday railed against the long-standing tradition for home state senators to have essentially veto power over U.S. attorney and district court nominee picks and called on U.S. Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, to abandon the process.
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July 29, 2025
Senate Confirms DOJ Official Emil Bove To 3rd Circ.
The Senate voted 50-49 on Tuesday night to confirm Emil Bove, one of President Donald Trump's former attorneys and a top official at the U.S. Department of Justice, as a judge on the U.S. Court of Appeals for the Third Circuit.
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July 29, 2025
Former US Atty Named New Chief Judge For Eastern Mich.
U.S. District Judge Stephen J. Murphy III became the newest chief judge for the Eastern District of Michigan on Monday, succeeding U.S. District Judge Sean F. Cox, who retired from the bench the same day, the district court announced Tuesday.
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July 29, 2025
Md. Bar Warns DOJ Suit Risks Undermining Legal Norm
The Maryland State Bar Association on Tuesday warned of sweeping impacts if a federal judge doesn't dismiss the Trump administration's suit over a standing order that prohibits the immediate removal of immigrants challenging their detention, saying it will compromise cornerstone pillars of the legal system.
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July 29, 2025
Attys Blast 'Chilling Message' Of Judge Shopping Sanctions
Three attorneys sanctioned for judge shopping while challenging an Alabama statute that criminalizes gender-affirming care have asked the Eleventh Circuit to clear their names, castigating the process that led to their censure as "so extraordinary as to approach unprecedented."
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July 29, 2025
Judge Breaks Up Review Of Challenge To New Jersey US Atty
The chief judge for Pennsylvania's Middle District, who is overseeing a drug trafficking case in New Jersey, on Tuesday evening issued a directive bifurcating a challenge to acting U.S. Attorney Alina Habba's authority in order to analyze whether the defendants are entitled to relief if she was illegally appointed.
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July 29, 2025
DOJ's Top Antitrust Deputy, Merger Chief Both Fired
The U.S. Department of Justice has ousted two of its top Antitrust Division officials, citing insubordination amid growing signs of tension between merger enforcers and the wider Trump administration.
Expert Analysis
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Series
Being A Navy Reservist Makes Me A Better Lawyer
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.
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So You Want To Move Your Law Practice To Canada, Eh?
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.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
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.
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Series
Playing Ultimate Makes Us Better Lawyers
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.
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Considering Chevron's End Through A State Tax Lens
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.
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E-Discovery Quarterly: Recent Rulings On Metadata
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.
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Comparing Antitrust Outlooks Amid Google Remedy Review
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.
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Striking A Balance Between AI Use And Attorney Well-Being
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.
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Empathy In Mediation Offers A Soft Landing For Disputes
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.
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Series
Being An Artist Makes Me A Better Lawyer
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.
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How Judiciary Can Minimize AI Risks In Secondary Sources
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.
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How Attorneys Can Break Free From Career Enmeshment
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.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
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.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
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.
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The Strategic Advantages Of Appointing A Law Firm CEO
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.