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Business of Law
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November 20, 2025
Trump's Epstein Directive Puts SDNY Prosecutor In A 'Pickle'
Manhattan chief federal prosecutor Jay Clayton appears to have been backed into a "horrible" corner with a "no-win" outcome as a result of a directive from President Donald Trump and U.S. Attorney General Pam Bondi to investigate Jeffrey Epstein's ties to prominent Democrats, experts say.
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November 19, 2025
Dissent Accuses Redistrict Ruling Of 'Judicial Misbehavior'
A Fifth Circuit judge denounced the judge who penned a federal court order blocking Texas' newly redrawn congressional map, saying in a Wednesday opinion the order blocking the redistricting amounts to the "most blatant exercise of judicial activism" he had ever seen.
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November 19, 2025
Justices Told Presidential Firing Limits Is An 'Originalist' Idea
A bipartisan collection of current and former government officials has urged the U.S. Supreme Court to uphold a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, claiming the precedent has roots that date back to the country's founding and reflects key separation of powers principles.
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November 19, 2025
The House's Plan B For Repealing Provision On DOJ Lawsuits
If the Senate does not take up a bill to repeal a provision in the government funding package allowing senators investigated by former special counsel Jack Smith to sue for damages, a Republican House member is already making contingency plans.
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November 19, 2025
Latham DQ'd From Sleep Apnea Device Co.'s Patent Fight
A Delaware federal court has disqualified Latham & Watkins LLP from representing the creator of a sleep apnea implant in its patent dispute after the firm served as counsel to the rival's underwriters, saying the "appearance of impropriety is glaring."
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November 19, 2025
Alaska Senator Pushes For Better Vetting After Judge Scandal
Sen. Dan Sullivan, R-Alaska, said on Wednesday that after a federal judge in his state resigned in disgrace last year, he decided he had to revamp his selection process for judicial nominees.
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November 19, 2025
Troutman Owes $3.7M In Atty Fees After $1M Malpractice Loss
Troutman Pepper Locke LLP must pay $3.7 million in attorney fees to a healthcare tech company that won on malpractice claims against the firm in 2024 after six years of litigation and an eight-day bench trial, a New Jersey state judge has ordered.
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November 19, 2025
Pillsbury Asks 2nd Circ. To Guard $4M Client Fee From SEC
Pillsbury Winthrop Shaw Pittman LLP on Wednesday urged the Second Circuit to allow it to keep a $4 million advance payment retainer from the since-convicted former CEO of a bankrupt cybersecurity company, but the law firm conceded it should have clarified its rights after the government sought an asset freeze.
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November 19, 2025
Halligan Says Grand Jury Never Saw Final Comey Indictment
U.S. Attorney Lindsey Halligan acknowledged Wednesday that the full grand jury in the James Comey case never saw or voted on the final version of the indictment that was handed up to the court in the case. An attorney for Comey said the clarification was grounds for dismissal.
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November 19, 2025
BigLaw Begins To Fall In Line With Cravath Bonuses
Fried Frank Harris Shriver & Jacobson, McDermott Will & Schulte LLP and Dechert LLP are among the law firms following the lead of Cravath Swaine & Moore LLP on year-end associate bonuses this week, with at least five large firms matching the market leader within a day of Cravath's Tuesday announcement.
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November 18, 2025
Pillsbury Winthrop Latest Firm Targeted By Data Breach Suit
Pillsbury Winthrop Shaw Pittman LLP on Tuesday was hit with a proposed class action stemming from a data breach the firm says happened in April, adding to the growing litigation firms are facing in the aftermath of cyberattacks.
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November 18, 2025
CFPB's Gradler Takes Deputy Post Amid Agency Uncertainty
Geof Gradler, a former industry lobbyist who recently joined the Consumer Financial Protection Bureau's front office, said that he is taking over as the agency's deputy director, a job that positions him as a potential successor to acting director Russell Vought.
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November 18, 2025
Cravath Unveils Associate Bonuses, Multiple Firms Follow
Multiple firms swiftly fell in line Tuesday evening just hours after Cravath Swaine & Moore LLP announced associate bonuses in line with those offered last year, continuing a long tradition of BigLaw firms following Cravath's lead on compensation.
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November 18, 2025
McGuireWoods Is Delaying Defamation Case, NC Justices Told
The former CEO of a managed care organization who alleges McGuireWoods and one of its ex-partners defamed him during a press conference more than seven years ago has told North Carolina's top court not to take up the case, panning their petition as yet another stalling tactic.
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November 18, 2025
NY AG James Blasts 'Outrageous Conduct' Behind Indictment
New York Attorney General Letitia A. James has told a Virginia federal court to dismiss the U.S. government's indictment of her, calling it "patently unconstitutional" and "outrageous conduct."
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November 18, 2025
Disbarred NC Atty Must Pay $5.2M For Escrow Fund Misuse
A disbarred attorney was ordered to pay $5.2 million in restitution and serve four years of probation during a Tuesday sentencing hearing in North Carolina federal court, after he pled guilty to a criminal wire fraud charge related to the misuse of escrow funds.
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November 18, 2025
Sanctioned Atty Convinces Mo. Court Errors Not Caused By AI
A Missouri federal judge sanctioned former counsel for Liberty Mutual Personal Insurance Co. Monday for including citation errors in a motion this fall, finding that, although the attorney likely inserted the errors herself without the use of AI software, "such carelessness, exacerbated by a lack of internal guardrails, is entirely unacceptable."
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November 18, 2025
Republican Senators Seek Judge Boasberg's Suspension
Six Republican senators, three of whom sit on the Senate Judiciary Committee, are asking that Chief U.S. District Judge James E. Boasberg of the District of Columbia be administratively suspended while Congress considers his impeachment.
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November 18, 2025
Missouri Federal Judge To Take Senior Status
U.S. District Judge Douglas Harpool of the Western District of Missouri has given notice he will take senior status upon the confirmation of state Judge Megan Benton, whose nomination to the federal bench President Donald Trump announced Friday.
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November 18, 2025
Conn. Atty Fined $500 For AI-Generated Errors In Wage Suit
In an order that noted an attorney's remorse, a Connecticut federal judge sanctioned a solo practitioner $500 this week for submitting a brief packed with false, AI-generated case citations, finding the fake authorities wasted court resources, risked misleading a pro se litigant and undermined trust in the judicial system.
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November 18, 2025
Judge Upholds NY Law Blocking ICE Courthouse Arrests
New York beat back a federal lawsuit challenging the state's policy barring immigration officials from arresting people near its courthouses, after a federal judge rejected the U.S. Department of Justice's preemption claims.
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November 18, 2025
Perkins Coie's Trump Fight Doesn't Scare Off UK Suitor
Perkins Coie LLP's ongoing fight with the Trump administration did not deter a proposed combination with British law firm Ashurst, signaling that the legal community is not worried about fallout from the president's suspension of the firm's security clearances.
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November 17, 2025
Holyoak Leaves FTC For Interim US Atty In Utah
Melissa Holyoak left the Federal Trade Commission on Monday to become Utah's interim U.S. attorney, leaving the FTC down to two commissioners, both Republicans, in the Trump administration's latest use of interim U.S. attorney appointments.
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November 17, 2025
Senator Slams Trump For 'Blowing Up' Wis. US Atty Process
Sen. Tammy Baldwin, D-Wis., accused President Donald Trump on Monday of skirting the process to nominate U.S. attorneys in Wisconsin with his pick of a failed Wisconsin Supreme Court candidate for the office that covers Milwaukee.
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November 17, 2025
ABA Decries Lawmaker Calls For Impeachments Of Judges
The American Bar Association said on Monday it's "alarmed" by lawmakers' interest in impeaching judges just because they don't like their rulings.
Expert Analysis
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Considering Chevron's End Through A State Tax Lens
States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Comparing Antitrust Outlooks Amid Google Remedy Review
As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.
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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.