Business of Law

  • August 13, 2025

    Trump Taps Democratic Commissioner As Acting FERC Chair

    President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority.

  • August 27, 2025

    Water Law & Real Estate: A Special Report

    What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.

  • August 13, 2025

    Decision In $50B Yukos Case Raises Interesting Question

    The D.C. Circuit's decision last week reviving Russia's bid to escape litigation to enforce $50 billion in arbitral awards has raised what experts say remains a "very open" question — are U.S. courts obligated to defer to foreign courts that affirm an arbitral award issued under their law?

  • August 13, 2025

    How A Flowchart Won $14.5M In Fla. Woman's Fraud Suit

    In Mireya Cambero's lawsuit against her ex-husband Jose Fernando De Matos, her attorneys at Miami-based Diaz Reus LLP had to prove fraudulent transfers but avoid confusing a jury with voluminous, uninteresting business filings. The best way to do it, they decided, was to organize their evidence in an easily digestible flowchart.

  • August 13, 2025

    Should Judges Explain En Banc Votes? 6th Circ. Can't Agree

    Two Sixth Circuit judges clashed Tuesday over appellate judges writing opinions to explain their votes on en banc petitions, as one longtime judge called the practice "offensive to our system of panel adjudication."

  • August 13, 2025

    NJ US Atty Defends Status, Says She Is 'Validly Serving'

    Acting New Jersey U.S. Attorney Alina Habba has hit back against criminal defendants who claim her contentious appointment violates the U.S. Constitution, saying everything is above board and a "lengthy period of acting service is not unusual."

  • August 13, 2025

    NY Civil Rights Advocates Want ICE Holding Space Shut Down

    The federal building in Lower Manhattan where the U.S. Immigration and Customs Enforcement has detained noncitizens in overcrowded and unsanitary conditions which immigrant rights advocates called "inhumane." (Marco Poggio | Law360)

  • August 13, 2025

    Kelley Drye Hit With Class Action Over Client Data Leak

    Poor security measures and inadequately trained employees at Kelley Drye & Warren LLP contributed to a data breach that exposed the personal information of clients earlier this year, according to a complaint filed in New York state court seeking to form a class action.

  • August 13, 2025

    GSA Strikes Anthropic Deal For Access To Generative AI

    The U.S. General Services Administration has made a deal with artificial intelligence developer Anthropic for the company to offer its generative AI tool Claude to all three branches of the federal government, including courts, at the cost of $1 for a year.

  • August 12, 2025

    Split Calif. High Court Upholds Validity Of Arbitration Fee Rule

    A California statute waiving arbitration rights for a party that does not timely pay arbitration fees is not preempted by the Federal Arbitration Act, a split California Supreme Court ruled, saying the state law doesn't disfavor arbitration and is meant to deter parties from employing "strategic nonpayment" of fees.

  • August 12, 2025

    Loper Bright Neutered In 6th Circ., Tenn. Tells Supreme Court

    There is "growing confusion among the circuits" regarding the U.S. Supreme Court's rejection of judicial deference to regulators, as evidenced by a Sixth Circuit ruling that negates much of the high court's Loper Bright ruling, Tennessee told the justices in a new petition.

  • August 12, 2025

    Justices Urged To Maintain Limits On Calif. Immigration Stops

    Immigration rights groups and individuals challenging recent federal immigration operations in Los Angeles urged the U.S. Supreme Court not to pause an order that temporarily prohibits the government from conducting indiscriminate immigration stops, saying the order bars only what is unlawful.

  • August 12, 2025

    Insurer Obstructed $116M In Funding Claims, Court Told

    A company that invested in a personal injury law firm's docket of cases alleges in a lawsuit removed to North Carolina federal court that its insurer "intentionally obstructed" its recovery of more than $116 million in coverage under policies insuring that investment.

  • August 12, 2025

    Trump Nominates 5 To Mississippi, Alabama Federal Courts

    President Donald Trump announced on Tuesday five judicial nominees for federal courts in Mississippi and Alabama, one of whom Trump tried to put on the bench in his first term.

  • August 12, 2025

    New ABA Leader Vows To 'Defend Liberty And Pursue Justice'

    Wisconsin business attorney Michelle A. Behnke began her one-year term as president of the American Bar Association on Tuesday, saying the organization "must be ready to lead and focus on the mission of defending liberty and pursuing justice every day." 

  • August 12, 2025

    Deal Unveiled In Schnader Harrison ERISA Case After Delays

    Schnader Harrison Segal & Lewis LLP will pay $675,000 to settle a proposed ERISA class action from a former nonequity partner who claimed the firm improperly used her and others' retirement contributions to prop itself up as it faced financial trouble, according to a motion filed Tuesday in Pennsylvania federal court.

  • August 12, 2025

    Md. Judges Say DOJ Habeas Suit Wreaks 'Havoc' On Judiciary

    The Maryland federal bench again moved to throw out the Trump administration's "disruptive affront" challenging a standing order that temporarily paused the removal of noncitizen detainees who filed habeas petitions, arguing Monday that the executive branch's suit fails to state a claim and "wreaks unprecedented havoc on the Judiciary."

  • August 12, 2025

    Atty Apologizes For Citation Error In IP Dispute

    A New York attorney who became one of many accused of using generative artificial intelligence for a brief after a federal judge found citations to nonexistent cases apologized Tuesday for a mistake in a more recent brief flagged for a false citation.

  • August 12, 2025

    Ex-Judges, DAs Blast DOJ Suit Over ICE Courthouse Arrests

    New York district attorneys, legal aid groups, law professors and retired judges have expressed support for a state law that blocks federal immigration officials from making arrests near courthouses, calling it essential to a functioning justice system and urging the dismissal of a U.S. Department of Justice lawsuit challenging the law.

  • August 12, 2025

    DOJ Demurs On Lawsuit Seeking Emil Bove Docs

    The U.S. Department of Justice is contesting a watchdog's lawsuit seeking to obtain public records requests on now-Third Circuit Judge Emil Bove, who was formerly President Donald Trump's criminal attorney and a top DOJ official.

  • August 12, 2025

    ABA Delegates Remove Diversity Requirements For Board

    The American Bar Association's policymaking body approved changes to its Constitution on Tuesday to no longer require Board of Governors seats for women, members of the LGBTQ community and racial minorities.

  • August 11, 2025

    'Flipping NJ' Developer Fights Charges, Citing Habba's Role

    A New Jersey real estate developer and influencer, who is accused of running a Ponzi-like investment fraud scheme and laundering drug money, on Monday became the latest defendant to seek dismissal of his indictment over what he says was the illegal appointment of Alina Habba as acting U.S. attorney for the Garden State.

  • August 11, 2025

    Trump's DC Takeover Highlights Local Judicial Vacancies

    President Donald Trump's announcement Monday on the federal takeover of D.C. law enforcement and deployment of the National Guard to Washington, D.C., has drawn attention once again to the vacancy crisis plaguing the local D.C. court system.

  • August 11, 2025

    Pa. AG Probing 'Cyber Incident' That Disrupted Email, Phones

    The website, office email accounts and phone lines for the Pennsylvania Attorney General's Office were offline Monday after being disrupted by a "cyber incident," the state's top prosecutor announced.

  • August 11, 2025

    Posner Accuser Wants Roberts To Pick Judges For Wage Case

    The pro se plaintiff seeking to revive wage claims against retired Seventh Circuit Judge Richard A. Posner has filed an opposed motion asking the circuit's chief judge to request U.S. Chief Justice John Roberts assign out-of-circuit judges to preside over the case, arguing the circuit judges cannot be impartial.

Expert Analysis

  • 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.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

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