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Business of Law
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June 11, 2025
JC Penney Blasts Jackson Walker Bid To Escape Fee Dispute
J.C. Penney has called on a Texas bankruptcy court to knock down Jackson Walker LLP's bid to escape a fee suit prompted by a yearslong secret romance between a former firm partner and a onetime bankruptcy judge, saying the firm's dismissal bid is "riddled with implausibility, excuse and contradiction."
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June 11, 2025
Trump Presses 2nd Circ. To Federalize Hush Money Appeal
Counsel for President Donald Trump on Wednesday urged the Second Circuit to take over the appeal of his New York state hush money conviction post-trial, saying a federal judge in Manhattan wrongly denied removal, and the landscape has now changed in light of the U.S. Supreme Court's landmark presidential immunity decision.
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June 11, 2025
J&J's Beasley Allen DQ Bid Based On 'Innuendo,' Court Told
A California couple ripped Johnson & Johnson's renewed bid to block two Beasley Allen Law Firm attorneys from representing them in their suit accusing the company of selling carcinogenic talc-based baby powder, arguing the company's opposition is based largely on "innuendo" rather than proof of misconduct by the lawyers.
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June 11, 2025
Ex-Copyright Leader Says Firing Risks 'Inoperable' Agency
The fired leader of the U.S. Copyright Office has asked a D.C. federal judge to block the Trump administration's action while she challenges her termination, arguing that significant functions of the government agency could be rendered "inoperable" without judicial intervention.
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June 10, 2025
Judiciary Panel Advances New Rules On Amici, AI, Subpoenas
The federal judiciary's top policy panel Tuesday propelled revamped rules regarding numerous hot legal topics, including artificial intelligence, "dark money" groups bankrolling amicus briefs and the subpoena powers of courts and defense counsel.
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June 10, 2025
NJ Rep. LaMonica McIver Indicted Over ICE Facility Incident
U.S. Rep. LaMonica McIver has been charged with forcibly impeding and interfering with federal officers during her inspection of a Newark, New Jersey, immigration detention facility last month, the U.S. Department of Justice announced Tuesday.
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June 10, 2025
Feds Reboot FCPA Agenda With Narrower Enforcement Focus
The U.S. Department of Justice on Tuesday released new and tightened guidelines for enforcement of the Foreign Corrupt Practices Act after a four-month pause on such prosecutions, centering prospective investigations on situations that affect U.S. competitiveness and national security as well as transnational cartels.
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June 10, 2025
ABA 'Surprised And Disappointed' By DOJ Shunning
The American Bar Association on Tuesday defended its long-standing process for reviewing judicial nominees and said Attorney General Pam Bondi was wrong to call the group an "activist organization."
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June 10, 2025
Key Insights On Looming Fair Use Rulings In AI Cases
Two California federal judges have indicated they are inclined to find that using copyrighted material to train artificial intelligence systems is transformative, which usually means that copying a work is fair, but that may not let Meta Platforms and Anthropic off the hook in separate lawsuits.
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June 10, 2025
State Chief Justices Blast Plans To Cut Legal Services Corp.
A coalition of 37 state Supreme Court chief justices have asked federal lawmakers to reject President Donald Trump's plans to eliminate the Legal Services Corp., arguing that the "justice system is hobbled when citizens are deprived of legal counsel."
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June 10, 2025
House Conservatives Push Senate To 'Rein In' Judges
House conservatives are imploring their Senate counterparts to do more to "rein in" federal judges with the budget reconciliation package.
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June 10, 2025
Top CFPB Enforcer Quits Over 'Devastating' Agency Pullback
The Consumer Financial Protection Bureau's top enforcement official resigned Tuesday, saying she can no longer effectively do her job under leadership that "has no intention to enforce the law in any meaningful way."
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June 10, 2025
Mass. Court-Appointed Attys Hit 'Boiling Point' Over Low Pay
Hundreds of private attorneys in Massachusetts who are paid by the state to represent indigent defendants and others have stopped accepting new court-appointed cases over complaints about low pay, putting the system on what one veteran advocate called "the verge of imploding."
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June 10, 2025
SEC's Investment Management Chief Greiner To Leave Agency
U.S. Securities and Exchange Commission veteran Natasha Vij Greiner is stepping down as the director of the agency's investment management division, ending a nearly 24-year career serving the SEC in multiple roles, regulators announced Tuesday.
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June 10, 2025
Wis. Judge Can't Wield Immunity For Obstructing ICE, DOJ Says
The U.S. Department of Justice has urged a Wisconsin federal judge to reject a state court judge's argument that judicial immunity blocks her prosecution for allegedly obstructing an ICE arrest at a Milwaukee courthouse, saying that while judges may be immune from civil liability for official acts, they are not shielded from prosecution for supposedly criminal conduct.
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June 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.
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June 09, 2025
2nd Circ. Affirms Dechert's Victory Over Hacking Suit
The Second Circuit on Monday refused to revive a North Carolina trade executive's lawsuit alleging hacking by a private investigator on Dechert LLP's behalf, ruling in a nonprecedential opinion that a district judge's failure to review disputed portions of a magistrate judge's recommendation to dismiss the suit was ultimately harmless.
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June 09, 2025
Senate Confirms Brett Shumate To Head DOJ Civil Division
The Senate voted 51-41 along party lines on Monday evening to confirm Brett Shumate to be assistant attorney general for the Civil Division of the U.S. Department of Justice.
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June 09, 2025
Judge Denies Obstructing ICE As Disciplinary Hearing Begins
An attorney for a Massachusetts state judge, who was accused of plotting to let a man wanted by immigration agents escape out of a back door of a courthouse in 2018, said at the start of a disciplinary inquiry Monday that the judge did not know about the plan, pointing the finger at the wanted man's lawyer.
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June 09, 2025
Speaker Johnson Defends AI Moratorium In Reconciliation Bill
House Speaker Mike Johnson, R-La., gave a full-throated defense on Monday of the AI moratorium included in the House's version of the budget reconciliation bill, which has drawn bipartisan criticism.
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June 09, 2025
Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul
The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.
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June 09, 2025
Vice Chancellor Wants Clarity On Del. Corporate Law Change
Citing "an important and urgent" need, a Delaware vice chancellor has asked the state supreme court to rule on the constitutionality of recent corporate law amendments providing conflicted directors or controlling investors expanded "safe harbor" liability shields for contested actions.
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June 09, 2025
Titan Of The Plaintiffs Bar: Hagens Berman's Steve W. Berman
Steve Berman turned 70 recently, and his long career as one of the nation's foremost plaintiffs attorneys is now littered with society-changing milestones and multibillion-dollar courtroom victories. Even so, he hasn't slowed down a wink.
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June 09, 2025
WilmerHale Seeks Full Fed Compliance On Struck-Down Order
WilmerHale is asking a D.C. federal judge to make clear that a ruling invalidating an executive order against the firm applies to all federal agencies subject to President Donald Trump's directives.
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June 09, 2025
Boies Schiller Faces DQ Bid In Law Firms' Battle In Florida
Boies Schiller Flexner LLP and its attorney Sashi C. Bach are facing a disqualification bid in a Florida state court case between pharmaceutical mass tort firms and their former counsel, with the suing firms arguing that Boies Schiller cannot represent its co-defendants because of a conflict.
Expert Analysis
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
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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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Roundup
Adapting To Private Practice
In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.