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Business of Law
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August 05, 2025
Judge Mulls Sanctioning Hagens Berman In Thalidomide Suits
The Pennsylvania federal judge presiding over dozens of product liability actions against manufacturers of the morning sickness drug thalidomide Tuesday ordered Hagens Berman Sobol Shapiro LLP to explain why it shouldn't be sanctioned for allegedly conducting "grossly inadequate" pre-suit inquiries, obstructing discovery and doctoring evidence.
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August 05, 2025
OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit
OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.
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August 05, 2025
Law, Medical School Orgs Face Application Fee Antitrust Suits
The Law School Admission Council and the Association of American Medical Colleges have each been hit with a proposed class action in Pennsylvania and D.C. federal courts, respectively, by candidates who said the nonprofits conspired with their member schools to charge excessive application fees that have been fixed at the same price regardless of the school.
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August 05, 2025
Tesla Verdict Could Embolden Plaintiffs With Similar Claims
The $329 million verdict handed down by jurors in Miami on Friday over a fatal Florida Keys crash is the first to find Tesla's autopilot defective and will likely embolden other plaintiffs with similar claims to take them to trial, personal injury attorneys told Law360.
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August 05, 2025
5th Circ. Says Texas Voter ID Law Is Legally Sound
A Fifth Circuit panel upheld a Texas law that requires voters to provide an identification number when voting by mail, finding the law complies with the Civil Rights Act and that the state designed it to combat mail-in ballot fraud.
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August 05, 2025
Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill
A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.
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August 05, 2025
Ghislaine Maxwell Slams Feds' Bid To Unseal Grand Jury Docs
Ghislaine Maxwell, who is serving a 20-year prison sentence for trafficking children for late sex offender Jeffrey Epstein, urged a New York federal judge Tuesday to deny the government's bid to unseal grand jury transcripts, saying release of the sealed materials could jeopardize the appeal of her 2021 conviction.
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August 05, 2025
A Free Exercise 'Blueprint' In Colo. Abortion Reversal Order
A Colorado federal judge's decision to allow medication abortion "reversals" on free exercise grounds could serve as a model for other lawsuits meant to legitimize a practice that is outside the standard practice of medicine.
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August 05, 2025
Ex-Patent Examiner Fights USPTO Exclusion At High Court
A former U.S. Patent and Trademark Office examiner wants the U.S. Supreme Court to review his exclusion from practicing before the agency, saying the justices should look at issues relating to a suspension he received and also federal civil rights protections.
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August 05, 2025
Meet FDA Chief Counsel Sean Keveney
The new top attorney at the U.S. Food and Drug Administration, described as a "tremendous technical lawyer," rose through the ranks as a federal prosecutor before helping lead President Donald Trump's confrontation with elite universities this year.
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August 05, 2025
Law Profs Urge 11th Circ. To Toss Judge-Shopping Sanctions
A group of seven law school professors is urging the Eleventh Circuit to toss a sanctions ruling against three attorneys for judge shopping, arguing that federal law does not forbid the practice and citing the "potentially chilling effect the order will have on counsel, especially those involved in pro bono representation."
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August 05, 2025
Approach The Bench: Justice Wecht On Judicial Campaigns
If running for judicial office often requires walking the line of being a sitting jurist and a politician, Pennsylvania Supreme Court Justice David Wecht is no stranger to that tightrope.
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August 05, 2025
Medicaid Cuts May Worsen Incarceration-Linked Death Risks
A new public health investigation reveals an association between incarceration and elevated risk of early death, not only for people who have been behind bars but for entire communities. Experts caution that impending disinvestment in Medicaid could worsen outcomes in vulnerable populations.
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August 04, 2025
Ex-Copyright Chief Seeks Emergency Injunction In Firing Suit
The U.S. Copyright Office's fired head on Monday urged a Washington, D.C., federal court to let her continue serving the role while she appeals the court's denial of her reinstatement bid, saying the court didn't address the merits of her arguments challenging President Donald Trump's authority to terminate her.
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August 04, 2025
ABA Eyes Reducing Board Size, Trimming Diversity Seats
The American Bar Association proposed reducing the size of its board of governors and proportionally cutting the number of seats reserved for women, people of color and other underrepresented groups, as the organization's president Monday reiterated a commitment to "rule of law, due process, access to justice, fairness and diversity."
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August 04, 2025
Roundup Judge Threatens Sanctions For Unpaid Plaintiff Fees
The California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer has threatened to sanction 37 plaintiffs' firms that have not held back a percentage of their recovery fees for a common benefit fund.
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August 04, 2025
Judge Newman Contests Suspension Renewal At DC Circ.
The Federal Circuit's recent recommendation to continue U.S. Circuit Judge Pauline Newman's suspension makes clear her colleagues are looking to permanently remove her, the judge's attorney told the D.C. Circuit Monday.
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August 04, 2025
Chancery Spreading Workload, Automating Case Assignments
Citing in part efforts to balance jurist workloads, Delaware's ever-slammed Court of Chancery reported plans on Monday to field a new, automated case assignment regime in September that will pull more factors into the mix when distributing new cases.
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August 04, 2025
Plaintiff Bar Urges FINRA To Reject Industry's Arbitration Recs
The Public Investors Advocate Bar Association on Monday urged the Financial Industry Regulatory Authority to reject industry recommendations to loosen its arbitration rules, calling on the brokerage industry regulator to "resist pressure from industry groups seeking to dilute hard-won safeguards."
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August 04, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21.
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August 04, 2025
Mississippi Judge Won't Explain TRO Errors In Suit Over DEI
A Mississippi federal judge won't explain how his decision pausing enforcement of a state law barring diversity, equity and inclusion in public schools contained nonexistent allegations, wrongly identified plaintiffs and defendants and quoted terms that don't appear in the legislative text, ruling that the court isn't obligated to do so.
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August 04, 2025
Ga. Lawyer Sues Opposing Counsel For Insulting Email
A Georgia lawyer has launched a defamation lawsuit in state court against opposing counsel in a passport dispute for sending an email that called him a liar and the "epitome of antiquated false male dominance."
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August 04, 2025
DOJ Fights Md. Judges' Bid To Ax Suit Over Habeas Orders
The Department of Justice is standing by its lawsuit challenging a standing order in the District of Maryland that temporarily blocks the deportation of detained noncitizens who file habeas petitions, saying a recent dismissal bid misses the mark because "even a small delay" is "irreparable harm to sovereign interests."
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August 01, 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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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
Expert Analysis
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
After Chevron: The Future Of OSHA Enforcement Litigation
The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.