Business of Law

  • May 05, 2025

    Defamation Litigation Roundup: Palin, Fox, Crime Podcasters

    In this month's review of ongoing defamation fights, Law360 looks back on developments in two voting technology companies' cases against news organizations that claimed they helped rig the 2020 election.

  • May 05, 2025

    Critical Deadline For Interim DC US Attorney Ed Martin Nears

    The clock might be ticking on Ed Martin's tenure as interim U.S. attorney for the District of Columbia.

  • May 05, 2025

    Conn. Poised To Count Pro Bono Work As CLE Credits

    The Connecticut Superior Court's rules committee on Monday advanced a plan that could allow attorneys to earn minimum continuing legal education credits by providing pro bono legal services, potentially placing the state among just three that allow lawyers to earn half their yearly requirements through volunteering.

  • May 05, 2025

    Calif. Justices Adjust Bar Exam Passing Score Amid Turmoil

    In an en banc ruling, the California Supreme Court approved adjustments to the passing score for the state bar's embattled February bar exam in line with a formal request by the California Bar Association, resulting in the highest passing rates for the exam in close to five years.

  • May 05, 2025

    Morgan & Morgan Pushes To Arbitrate Malpractice Claims

    Morgan & Morgan is urging a Georgia federal court to send a former client's malpractice class claims into arbitration and reject his bid to move the case to state court, arguing the matter belongs there, and the client agreed to arbitrate such disputes.

  • May 05, 2025

    Justice Dept. Seeks To Nix ABA Suit Over Terminated Grants

    The U.S. Department of Justice has moved to throw out the American Bar Association's lawsuit over the termination of grants to the ABA's Commission on Domestic and Sexual Violence, arguing the courts lack power to force the government to honor a contractual obligation.

  • May 02, 2025

    In Case You Missed It: Hottest Firms And Stories On Law360

    For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

  • May 02, 2025

    Judge Axes Trump's Perkins Order With Shakespearean Flourish

    A Washington, D.C., federal judge on Friday struck down as unconstitutional President Donald Trump's retaliatory executive order targeting Perkins Coie LLP, permanently blocking enforcement of the directive and likening the president's action to a Shakespeare character's suggestion that the way to amass power is to "kill all the lawyers."

  • May 02, 2025

    Cannabis Drink Co. Accuses Stoel Rives Attorneys Of Fraud

    A startup that develops nonalcoholic cannabis beers has claimed in a California state court action that attorneys from Stoel Rives LLP and others conspired on a scheme to defraud the company out of millions by allegedly trying to sell an unlicensed marijuana business.

  • May 02, 2025

    A Look At Trump's Pick For The 6th Circuit

    President Donald Trump's first judicial nominee, Whitney Hermandorfer, who's been tapped for a seat Democrats tried to fill while Joe Biden was in the White House, has been part of litigation on several politically charged issues due to her job with the Tennessee Attorney General's office.

  • May 02, 2025

    4 Mass. Rulings You May Have Missed In April

    Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case, a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.

  • May 02, 2025

    Abbe Lowell Launches New Firm With Ex-Skadden Associates

    Tapping a team of ex-BigLaw associates, some of whom publicly quit their firms in response to deals struck to avoid scrutiny from the Trump administration, prominent defense lawyer and former Winston & Strawn LLP partner Abbe David Lowell launched a new boutique Friday aimed at helping clients facing what it called "politicized investigations" by the government.

  • May 02, 2025

    FIFA Seeks Fees After Citation Mistakes In Antitrust Case

    FIFA is demanding attorney fees from plaintiffs for misusing artificial intelligence in an antitrust suit against the soccer federation in Puerto Rico, with a formatting error revealing that it is seeking more than $50,000 for work performed by Paul Weiss Rifkind Wharton & Garrison LLP and a local firm, according to court documents.

  • May 02, 2025

    JC Penney Says Emails Show Jackson Walker Hid Romance

    The wind down estate of J.C. Penney beefed up its allegations that Jackson Walker covered up a relationship between a former bankruptcy partner and Texas bankruptcy judge in an updated lawsuit to recover over $1 million in legal fees from its 2020 Chapter 11, shedding light on the firms emails with a public relations firm and outside ethics counsel.

  • May 02, 2025

    NJ Bankruptcy Judges May Be Tapped As Unpaid Mediators

    Bankruptcy judges may be among the jurists called upon to mediate New Jersey federal court cases without compensation, according to a proposed amendment to court rules.

  • May 02, 2025

    Law360's Legal Lions Of The Week

    Arnold & Porter Kaye Scholer LLP and Pilot Law PC lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that federally employed military reservists called to active duty during wartime or a national emergency are entitled to a top-up differential pay, regardless of their specific role.

  • May 02, 2025

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Corporate diversity policies are alive and thriving, according to a new report, although they are often taking on new names to dodge the anti-diversity backlash. Another new study warns that 60% of in-house lawyers are considering looking for a new job, primarily in search of higher pay and better benefits.

  • May 02, 2025

    Ex-Aide Hits Morgan & Morgan With Disability, Age Bias Suit

    A former legal assistant for personal injury law firm Morgan & Morgan PA has launched a disability and age discrimination suit against the personal injury firm in Florida state court alleging she received more work than younger employees and was told to work on the weekends without overtime pay.

  • May 02, 2025

    Head Of Calif. State Bar To Step Down After Botched Exam

    The leader of the State Bar of California, who oversaw the problem-plagued rollout of this year's state bar exam, will be leaving the organization when her contract expires in July, the bar announced Friday.

  • May 02, 2025

    Ex-Litigator, Wilson Elser Plan To Drop Bias Suit

    An ex-Wilson Elser Moskowitz Edelman & Dicker LLP litigator who sued the firm for allegedly firing him over his disabilities appears to have settled with his former colleagues, with both parties telling a New York federal judge on Friday they plan to dismiss the case.

  • May 02, 2025

    Legal Job Sector Stayed Strong In April Despite Economy

    The U.S. legal sector added 1,400 law-related jobs in April, marking the second straight month of improvement, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.

  • May 02, 2025

    A&O Shearman Ex-Partners Cite Leadership Gap Amid Exits

    Partners are still heading for the exit at Allen Overy Shearman Sterling in London, prompting lawyers to note that the firm’s top decision-makers are not based in the U.K. Here, former partners talk about leadership and the growing emphasis on billable hours at the firm.

  • May 02, 2025

    DC US Atty Pick Vows To Take On Judicial Threats

    Ed Martin, nominee to be U.S. attorney for the District of Columbia who is currently serving in the role on an interim basis, has told federal judges in D.C. he is concerned about the increase in threats to judges and pledged to work together to stop it.

  • May 02, 2025

    Trump Announces First Judicial Nominee Of 2nd Term

    President Donald Trump announced his first judicial nominee of his second administration late Thursday night.

  • May 01, 2025

    New Bill Holds Judges Accountable Even After They Retire

    A Georgia Congressman on Thursday introduced legislation that would ensure misconduct complaints against judges would still be investigated, even if the judge has resigned, retired or even died.

Expert Analysis

  • Series

    After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • Series

    After Chevron: Impact On Indian Law May Be Muted

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    Agency interpretations of Indian law statutes that previously stood the test of judicial review ​are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Opportunities For Change In FHFA Practices

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    The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Series

    After Chevron: No Deference, No Difference For SEC Or CFTC

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    The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

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