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Business of Law
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February 25, 2026
Foley & Lardner Wants 'Scattershot' Malpractice Suit Tossed
Foley & Lardner LLP is urging the Delaware Superior Court to toss a malpractice suit accusing the firm of negligence in representing an officer of a now-defunct food recycling company in a Chancery Court case that led to a $1.6 million judgment, saying it "suffers from basic pleading defects."
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February 25, 2026
Democrats Cast Doubt On New DOJ Fraud Role
During the confirmation hearing on Wednesday for President Donald Trump's nominee for the new assistant attorney general for fraud role, Democrats expressed anxiety about the White House's involvement in the fraud crackdown and how genuine the effort is.
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February 25, 2026
Patterson Belknap Adds Ex-SDNY Prosecutor Maurene Comey
Former Manhattan federal prosecutor Maurene Comey, who handled some of the nation's highest-profile cases before she was fired by the Trump administration, has joined Patterson Belknap Webb & Tyler LLP, the firm announced Wednesday.
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February 25, 2026
Justices Set New Limits On Recess Testimony Talks
A unanimous Supreme Court set limits Wednesday on the right to counsel during overnight breaks in a defendant's testimony under the Sixth Amendment, ruling that prohibiting talk about "testimony for its own sake" strikes an appropriate constitutional balance.
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February 24, 2026
9th Circ. Grants Atty Fee Appeal In Eye Drop Pricing Suit
District courts cannot reduce fee awards to attorneys based on a firm's size, the Ninth Circuit ruled in a published opinion Tuesday, sending a case back to a California federal court to recalculate attorney fees awarded to a "small" firm that represented wholesalers in a Robinson-Patman Act suit against eye drop manufacturers.
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February 24, 2026
SDNY's New Self-Report Policy Eases Path To Declinations
Manhattan federal prosecutors on Tuesday unveiled a new business-friendly corporate criminal enforcement policy for companies that promptly self-report financial crimes, promising declinations and no fines or monitors for eligible companies that turn themselves in.
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February 24, 2026
10th, 5th Circ. Stalwarts Step Back From Bench
U.S. Circuit Judge Timothy Tymkovich has announced that he'll take senior status from his seat on the Tenth Circuit, just a day after U.S. Circuit Judge James L. Dennis said he'd step down from the Fifth Circuit.
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February 24, 2026
Tariff-Related Disputes May Go Beyond Just Refunds
In addition to the likely chaotic refund process to follow last week's bombshell U.S. Supreme Court ruling striking down the Trump administration's broad tariff regime, the decision could also result in a wide range of private commercial disputes, and possibly even investment treaty claims against the U.S.
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February 24, 2026
SEC Lays Out New Enforcement Vision In Revised Guidelines
The U.S. Securities and Exchange Commission on Tuesday updated its enforcement manual for the first time in eight years, saying that the changes were part of an effort to build a fairer and more transparent investigative process.
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February 24, 2026
Feds' White Collar Crime Enforcement 'Retreat' Raises Alarms
Money laundering-related fines and tax fraud investigations plummeted last year as President Donald Trump shifted federal agents away from combating financial crime to focus on the immigration crackdown, according to recent reports that have raised alarms among experts about the state of white collar enforcement in the U.S.
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February 24, 2026
Judiciary Seeks Control Over Courthouse Maintenance
The federal judiciary says courthouses are in "crisis," with an $8.3 billion backlog in maintenance, and on Tuesday repeated its request to Congress for the direct authority to maintain the buildings.
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February 24, 2026
Key Details To Know As Judiciary Rules Face Decisive Votes
Judiciary panels are poised for pivotal votes on controversial rules governing wide-ranging topics — from the age-old and analog to the newfangled and high-tech — after a six-month stretch of public hearings and trade group mobilization climaxed with an influx of impassioned opinions.
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February 24, 2026
Weil Adds Simpson Thacher Private Funds Partner
Weil Gotshal & Manges LLP has announced it hired a former Simpson Thacher & Bartlett LLP private funds attorney, who is joining the team in New York and Washington, D.C., to work on fund formation matters and the operation and management of private investment funds.
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February 24, 2026
Freshfields Bicoastal M&A Tech Duo Move To Covington
Covington & Burling LLP has strengthened its mergers and acquisitions group on both coasts with the additions of two former Freshfields LLP tech M&A partners.
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February 24, 2026
ABA Mulls Repeal Of Embattled Law School DEI Standards
The American Bar Association's Council of the Section of Legal Education and Admissions to the Bar has voted to move forward with a plan to repeal its diversity and inclusion standards for law schools, which have been suspended since last February amid the White House crackdown on DEI initiatives.
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February 24, 2026
Mich. Federal Judge On Leave Amid Drunk-Driving Charges
A Michigan federal judge is taking a voluntary leave of absence while awaiting resolution of drunk-driving charges.
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February 24, 2026
ACLU Says Justices' Tariffs Ruling Dooms ICE No Bond Policy
A U.S. Supreme Court ruling curbing President Donald Trump's authority to impose tariffs also undercuts the administration's sweeping assertion that it can subject all noncitizens to mandatory detention during removal proceedings, the American Civil Liberties Union told the Eighth Circuit.
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February 24, 2026
Greenberg Traurig Hires Morgan Lewis Benefits Atty In Boston
Greenberg Traurig LLP added to what it called its "strategic expansion" by bringing on a benefits and employment attorney who had previously served as managing partner of Morgan Lewis & Bockius LLP's Boston office.
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February 23, 2026
'Wackadoo': 9th Circ. Awarding Stays 'Like Candy,' Judge Says
The Ninth Circuit is defying U.S. Supreme Court precedent and supersizing its immigration docket by freely awarding lengthy deportation reprieves, according to a new dissent that described a "Wackadoo" realm where noncitizens can safely await "the next Democrat administration."
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February 23, 2026
High Court Crafts Escape Hatch In Review Of Climate Torts
The U.S. Supreme Court on Monday agreed to determine whether a climate change lawsuit against fossil fuel companies can proceed in state court, but the justices also created a potential off-ramp by questioning whether they can actually hear the case.
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February 23, 2026
ICE Atty Whistleblower Rips 'Broken' Agent Training Program
An ex-U.S. Immigration and Customs Enforcement attorney testified before a Senate committee Monday that he recently resigned so he could blow the whistle on ICE-officer training cuts amid its hiring surge, slamming the truncated program for being "deficient, defective and broken" and accusing supervisors of secretly pushing "blatantly" unconstitutional orders.
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February 23, 2026
ABA Says Trump Attacks On Justices Cross 'Dangerous Line'
The American Bar Association on Monday condemned President Donald Trump's "personal attacks" against U.S. Supreme Court justices after Friday's 6-3 decision struck a blow to his tariff policy, saying the remarks "cross a dangerous line that threatens the safety of the judiciary and our judicial process."
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February 23, 2026
Snow Delays Goldstein Deliberations Until Tuesday
The jury in SCOTUSblog founder Thomas Goldstein's tax evasion trial won't be back to deliberate until Tuesday, after snow prompted courts in the District of Maryland to close Monday.
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February 23, 2026
Feds Fight Ex-Judge's Bid For New Trial In ICE Arrest Case
The federal government asked a federal judge to deny acquittal and new trial motions made by a Wisconsin state judge convicted of directing a defendant in her courtroom to use a restricted staircase to avoid removal by the U.S. Department of Homeland Security.
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February 23, 2026
How Greenberg Thinks Tariff Ruling Could Affect Dealmaking
The U.S. Supreme Court's ruling invalidating IEEPA-based tariffs gave dealmakers clarity on how to pursue potential refund rights in mergers and acquisitions, but President Donald Trump's swift announcement of new global tariffs has immediately reintroduced dealmaking uncertainty.
Expert Analysis
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Why Attys Should Get Familiar With Quantum Computing
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.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
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.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
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.
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Series
Playing Football Made Me A Better Lawyer
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.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
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.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
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.
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Roundup
Law School's Missed Lessons
In this Expert Analysis series, attorneys identify and examine real-world aspects of legal practice that are often overlooked in law school.
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10 Soft Skills Every GC Should Master
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.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
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.
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Tracking The Evolution In Litigation Finance
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.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
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.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
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.