Business of Law

  • January 17, 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.

  • January 17, 2025

    No Conflict In Judge's Friendship, John Deere, Farmers Say

    John Deere and the farmers suing it in a right-to-repair suit said they have no concerns about the potential conflict of interest an Illinois federal judge flagged, saying there was "no reason" for the jurist to recuse himself, according to a joint letter filed by the parties.

  • January 17, 2025

    Up Next At High Court: Forum Shopping & TCPA Definitions

    The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.

  • January 17, 2025

    Meet The Key Players In Tom Goldstein's Tax-Crimes Case

    The tax-evasion indictment of U.S. Supreme Court expert lawyer and SCOTUSblog publisher Tom Goldstein features an eclectic cast of characters linked to his purported side career as a high-stakes poker player, including law firm partners, professional gamblers, a Texas billionaire, a movie producer and an actor.

  • January 17, 2025

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A report says the market is heating up for the hiring of general counsel and chief compliance officers. Meanwhile, Meta is having trouble hanging on to its lawyers, with its deputy general counsel for civil rights leaving, and an outside IP counsel quitting over the CEO's "toxic masculinity." These are some of the stories in corporate legal news you may have missed in the past week.​

  • January 17, 2025

    Law360's Legal Lions Of The Week

    Keller Postman LLC, Ward & Smith PA, Pope McGlamry PC and Bartimus Frickleton Robertson Rader PC lead this week's edition of Law360 Legal Lions, following the U.S. Supreme Court's ruling that after a Missouri resident dropped her federal claims in a putative class action over alleged mislabeling of prescription dog food, the case was properly sent back to state court.

  • January 17, 2025

    Insurer Tried To 'Embarrass' Cadwalader, NC Court Told

    Cadwalader Wickersham & Taft LLP has accused a Lloyd's of London syndicate of attempting to "embarrass" the firm by publicly revealing the firm's data breach recoveries amid the insurer's bid to toss a coverage suit stemming from a 2022 hack.

  • January 17, 2025

    Trump Opposes DA Willis' Bid To Return To Ga. Election Case

    President-elect Donald Trump urged the Georgia Supreme Court on Friday not to review the state intermediate court's ruling that disqualified Fulton County District Attorney Fani Willis from prosecuting the Georgia election interference case.

  • January 17, 2025

    Morgan Lewis Shrinks China Presence With Shenzhen Closure

    Morgan Lewis & Bockius LLP has closed its office in the Chinese tech hub of Shenzhen after less than two years, a firm spokesperson told Law360 Pulse on Friday, the latest firm to reduce its operations in the country recently.

  • January 17, 2025

    Ex-Pol's Atty Chided For Early Morning Sentencing Memo

    The lawyer for a former Massachusetts state senator convicted of tax and pandemic aid fraud was scolded by a federal judge on Friday for filing a sentencing memo at 3:30 a.m. on the day of the hearing, then showing up late to court, forcing a postponement.

  • January 17, 2025

    What To Expect From Trump's Judicial Nominations

    President-elect Donald Trump is taking office with 45 judicial vacancies, which is far less than the 100 plus seats he came in with in 2017, but more seats could open up if a fair number of sitting conservatives take the opportunity to ensure a Republican president names their successor.

  • January 17, 2025

    Attorney General Nominee Bondi Outlines Ethics Parameters

    Pam Bondi, President-elect Donald Trump's pick for attorney general, outlined in an ethics agreement posted on Friday how she intends to avoid possible conflicts of interest with her previous positions, such as her role as a partner at a lobbying firm, and how she will divest from Trump's media company. 

  • January 17, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen the family of the late chairman of Leicester City FC sue a helicopter manufacturer for £2.15 billion ($2.63 billion), Vivienne Westwood bring a copyright claim against the late designer's foundation and blockchain giant Tether file a new claim in its ongoing dispute with crypto trading firm Swan Bitcoin. Here, Law360 looks at these and other new claims in the U.K.

  • January 17, 2025

    Supreme Court Upholds TikTok Sale-Or-Ban Law

    The U.S. Supreme Court upheld a federal law Friday requiring TikTok to be divested from its Chinese parent company by Sunday or face a nationwide ban.

  • January 16, 2025

    Calif.'s Chief Justice On Preparing For Trump, AI

    California Supreme Court Chief Justice Patricia Guerrero told reporters Thursday that the judiciary is preparing for the possibility that the Trump administration will target state courthouses to arrest unauthorized immigrants, and described how the judiciary plans to evaluate the ethical use of artificial intelligence in the judicial process.

  • January 16, 2025

    Trump Taps Williams & Connolly's Sarah Harris As Acting SG

    Sarah M. Harris of Williams & Connolly LLP will serve as acting U.S. solicitor general for President-elect Donald Trump while his permanent pick undergoes the confirmation process.

  • January 16, 2025

    SEC's General Counsel Barbero To Exit As Trump Takes Office

    The U.S. Securities and Exchange Commission announced Thursday that General Counsel Megan Barbero will depart the agency on the day of President-elect Donald Trump's inauguration, capping a nearly two-year run that saw the agency face setbacks to its regulatory powers before conservative courts, but also notch some important wins.

  • January 16, 2025

    Trump AG Nominee Pam Bondi's Net Worth Tops $12M

    President-elect Donald Trump's nominee for attorney general, Pam Bondi, has a net worth of over $12 million and holds stock in Trump's media company, according to financial disclosures shared with Law360. 

  • January 16, 2025

    ITC Commissioner Heading To WilmerHale In DC

    One of the commissioners of the U.S. International Trade Commission, who had served as the agency's leader for a year and a half, has decided to leave and make the move to WilmerHale, according to the ITC.

  • January 16, 2025

    Law Prof Accuses Penn Of Race Bias Over Disciplinary Action

    A white Jewish law professor accused the University of Pennsylvania in federal court Thursday of harshly punishing her for making observations about Black student achievement while allowing other faculty members to get away with disparaging and threatening Jews and Israelis, in violation of federal law.

  • January 16, 2025

    Fulton DA Willis Fights Subpoenas In Trump Case Probe

    Fulton County District Attorney Fani Willis this week outlined her objections to subpoenas issued by a Georgia state Senate committee investigating her prosecution of President-elect Donald Trump, arguing they are overbroad, intended to embarrass her and "defunct" due to the swearing in of a new general assembly.

  • January 16, 2025

    Cousins Of Wife Killed By Ex-BigLaw Atty Seek Deal Funds

    The cousins of a Georgia woman killed by her husband, former Fisher Phillips partner Claud "Tex" McIver, urged a state court to block McIver's designees from receiving proceeds from a settlement of an underlying wrongful death suit, arguing that they "are implicitly her next of kin" and should receive the proceeds.

  • January 16, 2025

    Women, Minority Lawyers Continue Incremental Growth

    Women, people of color and women of color keep setting records for representation in the nation's legal industry, but a smaller percentage of Black summer associates may portend future challenges, according to a report released Thursday.

  • January 16, 2025

    Florida AG Moody Picked To Replace Marco Rubio In Senate

    Florida Gov. Ron DeSantis on Thursday picked state Attorney General Ashley Moody to replace U.S. Sen. Marco Rubio, whom President-elect Donald Trump has nominated to lead the U.S. Department of State during his second term in office.

  • January 16, 2025

    DOL Says Workers Received Millions In Back Wages In FY24

    Workers got back millions of dollars in the last fiscal year while unlawfully employed minors received the protections they deserved after the U.S. Department of Labor stepped in, Solicitor of Labor Seema Nanda said in her office's last enforcement report before the new presidential administration takes office.

Expert Analysis

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Series

    After Chevron: Challenges Loom For PBGC Actions

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    After Loper Bright, two recent actions taken by the Pension Benefit Guaranty Corp. already under scrutiny seem destined to be challenged and resolved under the new standard of judicial deference, which will greatly affect employers with potential withdrawal liability exposure, say Robert Perry and David Pixley at Jackson Lewis.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • Series

    After Chevron: Don't Let Loper Lead To Bank Compliance Lull

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    Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Series

    After Chevron: New Lines Of Attack For FCA Defense Bar

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    Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Series

    After Chevron: Delegation Of Authority And Tax Regulators

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    The U.S. Department of the Treasury and the Internal Revenue Service will face higher standards following Loper Bright’s finding that courts should determine whether agency rules meet the best possible interpretation of the tax code, as well as the scope of the authority delegated by Congress, says Edward Froelich at McDermott.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Series

    After Chevron: What Loper Bright Portends For The NLRB

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    While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.

  • Series

    After Chevron: NRC Is Shielded From Loper Bright's Effects

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    While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.

  • Series

    After Chevron: ERISA Challenges To Watch

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    The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.

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