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Business of Law
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October 16, 2025
Bannon Tells Justices Legal Advice Dooms Contempt Rap
A lawyer's advice to Steve Bannon not to respond to a congressional subpoena over the Jan. 6 insurrection means he couldn't have "willfully" flouted the subpoena and negates his conviction, the onetime Trump adviser has told the U.S. Supreme Court.
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October 16, 2025
Why Ethics Complaints Against Halligan Face 'Very High Bar'
Interim U.S. Attorney Lindsey Halligan for the Eastern District of Virginia could face bar disciplinary action or court sanctions if the prosecutions she's pursuing at President Donald Trump's behest are found to be politically motivated or baseless, although proving ethics allegations will be an uphill battle, experts say.
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October 16, 2025
Ex-Va. Federal Prosecutor Joins NY AG James' Defense Team
The former deputy criminal chief for the U.S. Attorney's Office in Norfolk, Virginia, on Oct. 16 joined the team defending New York Attorney General Letitia James in the government's case accusing her of mortgage-related fraud, filed after the president encouraged prosecutors to take action against his "guilty as hell" political opponents.
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October 16, 2025
Justices Told Presidential Firing Limits Rely On 'Soured' Logic
President Donald Trump and a cadre of supporters have urged the U.S. Supreme Court to wipe out what remains of a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, arguing the decision was flawed when originally issued and is now well past its prime.
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October 16, 2025
US Chamber Sues To Block Trump's $100,000 H-1B Visa Fee
The U.S. Chamber of Commerce sued the Trump administration on Thursday to block a planned increase in the cost of highly coveted H-1B visas, saying the proposed $100,000 fee would have a "devastating effect" on American businesses, particularly those in the tech, healthcare, higher education and manufacturing sectors.
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October 16, 2025
Kirk-Related Visa Revocations May Rub Against Court Rulings
The Trump administration's revocation of visas from individuals who criticized Charlie Kirk after his death raises First Amendment concerns that could run up against a recent federal court ruling holding that noncitizens have the same free speech rights as U.S. citizens.
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October 16, 2025
Judge Shields Migrants From ICE After Courthouse Arrests
A California federal judge on Thursday barred U.S. Immigration and Customs Enforcement from detaining two asylum-seeking mothers without notice and a hearing, ruling the agency's courthouse arrest tactics likely violate due process.
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October 16, 2025
IRS Agents Lose Defamation Suit Against Hunter Biden's Atty
An attorney who defended Hunter Biden against criminal tax charges was only expressing his legal opinion when he accused Internal Revenue Service agents of illegally disclosing his client's private tax information, a D.C. federal judge ruled in dismissing the agents' complaint for defamation.
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October 16, 2025
Ex-Trump Aide Bolton Indicted Over Classified Info Handling
John Bolton, the former national security adviser to President Donald Trump, was indicted Thursday by a Maryland federal grand jury on charges related to the handling of classified information.
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October 16, 2025
Many NY Trial Judges Elevated In Secret, Report Finds
Hundreds of New York state judges are permanently elevated to top trial courts via a secretive appointment process, according to a report released Thursday.
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October 16, 2025
5th Circ. Calls For Narrow Sanctions In Southwest Bias Fight
The Fifth Circuit stood by its decision to scuttle a contempt order mandating religious bias training for attorneys representing Southwest Airlines in a flight attendant's discrimination suit, but tweaked a May panel ruling to instruct a trial court to impose "narrowly tailored" sanctions.
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October 16, 2025
Saul Ewing Asks For End To Ex-Conrail CEO's Legal Mal Suit
Following a federal court decision upholding an $11 million arbitration award against former Conrail CEO David LeVan that stemmed from a failed Gettysburg casino project, Saul Ewing has urged a Philadelphia judge to find that LeVan is time-barred from bringing his malpractice case against the firm, in which he accused it of poorly advising him during the fallout of the collapsed deal.
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October 16, 2025
US Attorney Nominations For Missouri And Indiana Advance
The Senate Judiciary Committee voted to approve, along party lines, two U.S. attorney nominees for Missouri and Indiana on Thursday.
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October 16, 2025
ABA Says Attys Must Be Clear About Neutrality In Mediations
Attorneys who agree to work as neutral, third-party mediators must make it explicitly clear that they are not advising or holding privilege with participants, the American Bar Association has warned in its latest ethics opinion.
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October 15, 2025
Jack Smith And Other Ex-DOJ Staffers Slam Trump Purge
Former U.S. Department of Justice employees, including former special counsel Jack Smith, spoke out Wednesday in support of colleagues fired or forced to resign by the Trump administration, issuing a warning about the "existential crisis" born from efforts to use the agency to punish the president's political opponents.
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October 15, 2025
Vought Aims To Close CFPB Within '2 Or 3 Months'
White House budget chief Russell Vought said Wednesday that he wants to shutter the Consumer Financial Protection Bureau and expects to succeed in the next few months, despite the Trump administration's claims in court that the agency is just being downsized.
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October 15, 2025
Goldstein Can't Dismiss 2016 Tax Charges As Time-Barred
A Maryland federal judge denied SCOTUSblog co-founder Tom Goldstein's motion to dismiss four of the 22 federal tax charges brought against him in January, ruling that his defense that the counts stemming from the 2016 tax year should be time-barred will have to be raised at trial.
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October 15, 2025
High Court Leans Toward Limiting Voting Rights Act Suits
The U.S. Supreme Court's conservative supermajority seemed ready Wednesday to further limit the use of the Voting Rights Act in challenging alleged racial discrimination in legislative redistricting, but appeared divided over how to accomplish that.
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October 15, 2025
Chief Judge Bars Civil Arrests In Cook County Courts
Cook County's top judge issued an order Wednesday prohibiting the warrantless civil arrest of individuals attending court proceedings in Chicago-area state courthouses, as the federal government has ramped up immigration enforcement and arrests in the area.
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October 15, 2025
NY Court Tosses Most Of Ex-Lil Wayne Atty's Contract Claims
A New York state judge has dismissed most counterclaims a former attorney for Lil Wayne pursued in a fee dispute with his ex-client, but the lawyer may still attempt to collect some funds he claims to be owed by the rap star.
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October 15, 2025
Ex-WH Ethics Attys Slam 'Vindictive' Comey, James Charges
Three former White House ethics attorneys have filed complaints with the U.S. Department of Justice over what they call the "vindictive and meritless" criminal prosecutions of former FBI Director James Comey and New York Attorney General Letitia James.
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October 15, 2025
Some Federal Workers Win Quick Block On Shutdown Layoffs
A California federal judge on Wednesday granted a request from two unions representing thousands of federal workers to immediately block the Trump administration from laying them off during the government shutdown, saying she believes the plaintiffs will show that "what's being done here is both illegal and is in excess of authority."
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October 15, 2025
DHS Says Seizure Of Atty's Phone Tied To Employment Probe
The government is pushing back on a Massachusetts immigration attorney's allegations that his work phone was seized in retaliation for his criticism of the Trump administration and advocacy for noncitizens, saying it's looking into whether he violated federal employment verification laws.
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October 14, 2025
NJ, Del. Judges Stress Value Of Local Counsel For IP Attys
Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.
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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.
Expert Analysis
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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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.