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Business of Law
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October 14, 2025
Skinny Labels, Orange Book Take Center Stage In IP Talks
Patent litigators focused on pharmaceuticals and biotechnology met Tuesday to work through the biggest issues in their industries, including possible reform to skinny label law, frustration with position-switching in litigation, concerns about when to list patents in the U.S. Food and Drug Administration's Orange Book and data on the relatively low impact of new policies at the U.S. Patent and Trademark Office.
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October 14, 2025
California Bans Fee Sharing With 'Alternative' Law Firms
California Gov. Gavin Newsom has signed a bill into law that blocks Golden State lawyers and firms from sharing contingency fees with out-of-state firms owned by non-lawyers.
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October 14, 2025
As Shutdown Drags On, Judiciary To Face Belt-Tightening
With no end in sight to the government shutdown, the situation for the federal judiciary will get worse after Friday.
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October 14, 2025
Ex-Fujitec Atty May Sue Over Defamation But Not Race Bias
A Cincinnati federal judge has ended racial discrimination claims brought by the former top lawyer for Fujitec America against the elevator company, while leaving intact a defamation claim the attorney is pursuing against a colleague who he said made bogus allegations leading to his firing.
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October 14, 2025
Wash. To Launch Portal For Entities Applying To Practice Law
Applications for businesses and nonprofits to provide legal services in Washington state will go live next week, the Washington State Bar Association announced Tuesday, a major milestone in a state Supreme Court-approved plan to expand who can practice law.
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October 14, 2025
Judge Denies Gov't's 'Overbroad' Comey Discovery Proposal
A Virginia federal judge has shot down prosecutors' recommendations for a protective order covering discovery material such as law enforcement documents and private communications in its case against ex-FBI Director James Comey, calling the proposal "overbroad" as it would have kept Comey's attorneys from leaving discovery material with Comey himself.
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October 14, 2025
Voting Rights Case Could Further Chief's 'Central Project'
As a 20-something special assistant in President Ronald Reagan's Department of Justice, John G. Roberts Jr. argued a test focused on the discriminatory effects of legislative redistricting on minority voters would be unconstitutional. Now, four decades later and as chief justice of the United States, he has a chance to make that view the law of the land.
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October 14, 2025
Has The 9th Circ.'s Rightward Shift Ended Bids To Split It?
Republican lawmakers have long dreamed of breaking up the nation's largest appellate court. But that fervor has diminished as the Ninth Circuit's balance of Democratic and Republican appointees has evened out in recent years, upending the circuit's status as a culture war lightning rod.
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October 14, 2025
Calif. Bar Won't Tweak Scores Despite Accommodation Errors
The committee in charge of overseeing the California bar exam has announced it will not be seeking further score adjustments for test-takers whose approved accommodations were not provided in the fraught February 2025 exam.
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October 14, 2025
Florida Supreme Court Rejects Bid For Bondi Ethics Probe
The Supreme Court of Florida has ended an attorney's attempt to force the Florida Bar to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct after finding that he failed to show a clear legal right to do so.
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October 14, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Chancery Court, Vice Chancellor Lori W. Will ruled that Carlos Vasallo remains the CEO of Caribevision TV Network LLC, finding that majority investors' attempt to remove him under a defective 2019 agreement was invalid for lack of proper notice.
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October 14, 2025
Attys Suspect AI In Police Surveillance Could Lead To Bias
A panel of Pennsylvania attorneys speaking on advances in the use of artificial intelligence in criminal justice and surveillance expressed concern over the potential misuse of such technologies, predicting they could result in rights violations on both individual and mass scales.
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October 10, 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.
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October 10, 2025
9th Circ. Flouting 'Imperial Judiciary' Warning, Judges Assert
A large contingent of Ninth Circuit judges accused colleagues Friday of ignoring recent U.S. Supreme Court decisions limiting legal remedies in politically charged disputes, adding fresh fuel to a heated debate over the judiciary's handling of suits against the Trump administration.
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October 10, 2025
Up Next At High Court: Voting Rights & Warrantless Entries
The U.S. Supreme Court will return Tuesday to hear oral arguments in four cases, including a dispute over the constitutionality of the last remaining provision of the Voting Rights Act and whether federal prisoners seeking postconviction relief are subject to the same rules as state inmates.
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October 10, 2025
Atty's Due Process Claims Challenging Disbarments Trimmed
A former attorney has had most of a due process suit fighting his disbarment in Florida and reciprocal discipline in Massachusetts and New York thrown out, with a Manhattan federal judge finding that New York lacks personal jurisdiction over out-of-state disciplinary officials.
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October 10, 2025
Retribution, Intent Claims May Defuse Bombshell James Case
The Trump administration's indictment of New York Attorney General Letitia James is tightly crafted and offers a straightforward presentation of the government's case, but experts say James appears to have a strong argument that she did not intend to break the law and is being unfairly targeted for what amounts to a minor offense.
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October 10, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
It is of little solace to general counsel that most big law firms hiked their billing rates this year just slightly less than last year's increase. And it looks like Elon Musk is settling with the former chief legal officer and the general counsel of Twitter, along with two other executives, over their suit to obtain millions in promised severance pay. These are some of the stories in corporate legal news you may have missed in the past week.
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October 10, 2025
NY State Courts Release AI Rules For Judges, Staff
The New York State Court System on Friday released an interim policy on the use of artificial intelligence software by judges and staff, which goes into effect immediately and remains subject to change.
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October 10, 2025
Bill Would Let Judges, Prosecutors Carry Concealed Guns
Two Republicans have introduced a bill in the U.S. Senate that would allow current and retired federal judges and state, local and federal prosecutors to carry concealed firearms in response to increasing concerns about judicial security.
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October 10, 2025
Ga. Judge Charged With DUI At Florida Strip Club
The Georgia judge who heads up the state's council of superior court jurists was arrested for driving under the influence outside a Jacksonville, Florida, strip club this week after hitting another vehicle with his Mercedes, according to arrest records.
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October 10, 2025
NJ Senate President Calls For Monitor Of State AG Unit
New Jersey Senate President Nicholas Scutari on Friday called for the appointment of an independent monitor to oversee the state's Office of Public Integrity and Accountability, saying it has been troubled with failed prosecutions, botched investigations and misconduct.
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October 10, 2025
Law360's Legal Lions Of The Week
Solomon Ward Seidenwurm & Smith LLP leads this week's edition of Law360 Legal Lions, after the full Ninth Circuit held that denials of California anti-SLAPP motions can no longer be appealed in the midst of litigation.
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October 10, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Paddington Bear's creators and Studio Canal sue the company behind Spitting Image, Blackpool Football Club's former owner Owen Oyston bring a fresh claim against the club, and Mishcon de Reya sue a Saudi investment group.
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October 09, 2025
NY Atty General Indicted Following Pressure From Trump
New York Attorney General Letitia James was indicted in Virginia federal court Thursday on charges related to mortgage fraud, three weeks after President Donald Trump wrote a social media post encouraging U.S. Attorney General Pam Bondi to take action because James and two other political opponents were "guilty as hell."
Expert Analysis
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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What Justices Left Unsaid About The Federal Tort Claims Act
The U.S. Supreme Court's recent decision in Martin v. U.S. rejected the Eleventh Circuit's interpretation of the Federal Tort Claims Act in the case of a botched police raid — but left unresolved many questions about plaintiffs' ability to hold the government accountable for officers' misdeeds, says Scott Brooks at Levy Firestone.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.