Business of Law

  • August 19, 2025

    Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court

    The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.

  • August 19, 2025

    5th Circ. Says NLRB Structure Likely Unconstitutional

    The Fifth Circuit on Tuesday upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.

  • August 18, 2025

    NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful

    Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.

  • August 18, 2025

    Ex-NY AG Immune From Malicious Prosecution Suit

    Former New York Attorney General Eric Schneiderman has immunity from a suit by a former New York City Council member claiming wrongful prosecution, a federal judge has ruled.

  • August 18, 2025

    SDNY Judges OK Trump's Selection Of Jay Clayton As US Atty

    The Southern District of New York on Monday permitted Jay Clayton to continue overseeing the district's prosecutorial office, appointing Clayton as U.S. attorney just a day before his tenure as interim U.S. attorney was set to expire.

  • August 18, 2025

    Catching Up With Delaware's Chancery Court

    Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.

  • August 18, 2025

    Fired DOJ Antitrust Deputy Warns Of Lobbyist Influence

    The former top deputy for the U.S. Department of Justice Antitrust Division, Roger P. Alford, defended the agency's leadership Monday while calling out a pair of senior officials and warning of the influence that lobbyists are wielding over merger reviews and other issues.

  • August 18, 2025

    Lawmaker Pans 'Selective' Charges Over ICE Facility Clash

    U.S. Rep. LaMonica McIver has moved to dismiss criminal charges against her from a May confrontation with federal agents at an immigrant detention center in Newark, New Jersey, arguing she is immune from prosecution under the U.S. Constitution's speech or debate clause and is being selectively targeted by the government.

  • August 18, 2025

    Litigation Funder Burford Eyes Investments In US Law Firms

    Burford Capital LLC, the world's largest litigation funder, is eyeing an investment model to put money directly in U.S. law firms after years of investing in U.S. lawsuits, its chief development officer told Law360 Pulse.

  • August 18, 2025

    Whiteford Taylor Must Face Wire Fraud Malpractice Suit

    A Maryland federal judge has declined to toss the majority of a malpractice and gross negligence suit brought by the founder of a construction company who accused his former business partners and their shared counsel of being partially to blame for hackers stealing his $4 million share of proceeds from the sale of their business.

  • August 18, 2025

    Burr & Forman Must Face Claims From Healthcare Scheme

    A Georgia federal judge has denied Burr & Forman LLP's bid to escape a lawsuit accusing the firm of being party to a massive healthcare fraud scheme, ruling that it must largely face malpractice and breach of fiduciary claims from a pair of bankruptcy trustees.

  • August 18, 2025

    Fried Frank Escapes Sanctions Over Flawed RICO Patent Suit

    A Florida federal court has rejected sanctions motions leveled against Tristar Products Inc. and its counsel at Fried Frank for bringing a doomed anti-racketeering patent fraud lawsuit against Telebrands Corp., finding that the claims were not frivolous despite "myriad" flaws and "sloppy lawyering."

  • August 18, 2025

    Treasury Seeks Input On Tech To Combat Crypto Crimes

    The U.S. Department of the Treasury on Monday asked the public to share feedback on how novel technologies might be used to detect and thwart illicit crypto activity, fulfilling a directive under a recently signed bill to regulate stable value tokens.

  • August 15, 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.

  • August 15, 2025

    Trump Admin Calls Judge's Inaction An 'Affront' To High Court

    The Trump administration said a Massachusetts federal judge who didn't vacate a decision barring certain staffing cuts at the U.S. Department of Education is showing "disregard" to a recent U.S. Supreme Court ruling, calling it an "affront" to the high court's authority.

  • August 15, 2025

    US Trustee Blasts Deals Over Jackson Walker-Judge Romance

    The U.S. trustee for the Southern District of Texas on Friday objected to Jackson Walker LLP's proposed settlements with former bankruptcy clients meant to resolve fee disputes related to the concealed romance of a former lawyer with the firm and a former bankruptcy judge, arguing they should be denied or considered at trial.

  • August 15, 2025

    Judiciary Starts Rule Debate Spanning AI, Subpoenas, More

    The federal judiciary's comment clock officially started ticking Friday for rulemaking efforts spanning a smorgasbord of subjects, from high-tech testimony utilizing artificial intelligence to the low-tech tasks of hand-delivering subpoenas and paying witness fees.

  • August 15, 2025

    Defense Attys Predict Rise In Shareholder Suits, Report Says

    Nearly three-quarters of defense attorneys surveyed by high-risk insurance firm Inigo believe there will be an increase in private securities litigation over the next year, especially in the area of artificial intelligence, according to a report released by Inigo.

  • August 15, 2025

    Nat'l Guard Deployment In States Won't Be As Easy As In DC

    President Donald Trump's power to deploy the D.C. National Guard and federalize local police lays bare the unique vulnerability of the district, but that power may be more limited in states where Trump has threatened to take similar action.

  • August 15, 2025

    Perkins Coie Beats Claims It Aided Client's Alleged $12M Theft

    Perkins Coie LLP has defeated an investment company's lawsuit in Illinois state court accusing the firm of helping the plaintiff's onetime investment manager fleece $12 million from company accounts and playing a "critical" role in the theft and cover-up.

  • August 15, 2025

    Famed Trial Atty, 'Country Lawyer' Gerry Spence Dies At 96

    Gerry Spence, the celebrated "country lawyer" known for his Stetson hats, plainspoken style and high-profile courtroom victories, has died after a singular career that saw him tackle tough cases while preaching a gospel of emotional honesty and vulnerability.

  • August 15, 2025

    Law360's Legal Lions Of The Week

    Cozen O'Connor leads this week's edition of Law360 Legal Lions, after the Sixth Circuit determined that an employer can only be held liable for a customer's harassment of an employee if the company intended for the misconduct to happen.

  • August 15, 2025

    'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs

    After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.

  • August 15, 2025

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Law firms are feeling pressure from in-house legal departments that want artificial intelligence tools now, but the firms are struggling as companies take different approaches to the tools and regulations keep changing.

  • August 15, 2025

    Meet The Family Law Atty Who Is ABA's New President-Elect

    As she steps into her new role as president-elect of the American Bar Association ahead of a one-year term as president that will begin next summer, Barbara J. Howard told Law360 Pulse in a recent interview that defending democracy and the rule of law remains top of mind.

Expert Analysis

  • Why Attys Should Get Familiar With Quantum Computing

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    Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • Roundup

    Law School's Missed Lessons

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    In this Expert Analysis series, attorneys offer advice on navigating real-world aspects of legal practice that are often overlooked in law school.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

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