Business of Law

  • September 03, 2025

    Dem Sens. Demand DOJ Fire Ex-FBI Agent Tied To Capitol Riot

    A man who stormed the Capitol on Jan. 6, 2021, and previously worked at the FBI was hired to work in the "weaponization" group at the U.S. Department of Justice, and now Democrats are calling for his removal.

  • September 03, 2025

    CFTC Member Expresses 'Discontent' As She Exits Agency

    Departing Commodity Futures Trading Commission member Kristin Johnson used her final speech Wednesday to express disfavor with some recent agency actions, saying she was running out of ways to "politely describe" her "discontent" with the recent loosening of licensing standards.

  • September 03, 2025

    Bondi Raises Bar For Private-Violence, Family Asylum Claims

    Attorney General Pam Bondi has issued two new decisions reversing Biden-era attorney general precedents, raising the bar for asylum claims based on nonstate violence and tightening requirements for families to count as eligible social groups.

  • September 03, 2025

    Authority For Emergency Tariffs Poses Puzzle For Justices

    The U.S. Supreme Court faces a provocative puzzle over President Donald Trump's worldwide tariff regime that the Federal Circuit has found illegal, as the judges' positions didn't follow the usual political lines, leaving wide open how the high court may rule on the president's tariff powers.

  • September 03, 2025

    Judge Backs Harvard In Suit Over Trump's $2B Fund Freeze

    The Trump administration illegally froze more than $2 billion in grants earmarked for Harvard University when it failed to offer an explanation as to how cutting the funds addressed the government's stated goal of ending antisemitism on campus, a Massachusetts federal judge ruled Wednesday.

  • September 03, 2025

    Pick For Del.'s 3rd Circ. Seat Questioned On Ties To The State

    Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit who is currently serving in the White House Counsel's Office, came under questioning from Democrats on Wednesday regarding her lack of connections to the state and her qualifications for the judgeship.

  • September 03, 2025

    Chatbot Or Not, Ind. Judge Urges Sanction For Bad Citation

    An Indiana federal judge has recommended sanctioning an attorney representing a woman in an employment discrimination suit against a county court's juvenile detention center after the lawyer included faulty citations in a discovery brief, regardless of how the citations got there.

  • September 03, 2025

    Stoel Rives Gets Pot Co. Fraud Case Sent To Arbitration

    A California federal judge has sent a nonalcoholic cannabis beer company's claims alleging it was duped by Stoel Rives LLP and its clients into spending $2.2 million on an illicit business to arbitration, saying it can't escape a valid arbitration clause by refusing to participate.

  • September 03, 2025

    5th Circ. Deems Trump's Use Of Wartime Removal Law Illegal

    A split Fifth Circuit panel ruled that President Donald Trump's March proclamation invoking the 1798 Alien Enemies Act to deport alleged Venezuelan gang members likely ran afoul of the wartime law and blocked removals in the Northern District of Texas.

  • September 02, 2025

    Fed Gov. Cook Doubles Down On Removal TRO Bid

    Federal Reserve Board Gov. Lisa Cook on Tuesday doubled down in her bid to have a D.C. federal court block President Donald Trump's attempt to strip her of her position, saying the federal government was trying to expand the limits of a "for cause" removal.

  • September 02, 2025

    DC Circ. Refuses To Block Fired FTC Dem's Reinstatement

    A split D.C. Circuit panel Tuesday refused to stay a lower court's order reinstating a Democratic member of the Federal Trade Commission, finding that the government has "no likelihood of success" fighting her reinstatement because President Donald Trump broke the law when he fired her without cause.

  • September 02, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics — including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms — offering enough intrigue to vanquish any autumn ennui.

  • September 02, 2025

    DC Circ. Says EPA Can Freeze Climate Grant Funds

    A D.C. Circuit panel vacated an injunction on Tuesday ordering Citibank to relinquish grant funding frozen by the U.S. Environmental Protection Agency, finding green groups are not likely to succeed on the merits of their "essentially contractual" claims.

  • September 02, 2025

    Lowenstein Sandler Fights To Keep Fee Battle With Firm Alive

    Lowenstein Sandler LLP urged a New Jersey state court to reject a bid seeking to trim its lawsuit against Trif & Modugno LLC in a legal battle over allegedly unpaid legal services rendered to a cannabis dispensary, saying its claims against the firm are over dishonest business practices and not legal malpractice.

  • September 02, 2025

    Defamation Litigation Roundup: Patel's GF, Dershowitz, Nunes

    In this month's review of defamation fights, Law360 reports on a new suit by the girlfriend of the current FBI director over a podcaster's claims that she was an Israeli intelligence agent, as well as the latest settlement between a voting machine company and a conservative news organization over 2020 election claims. 

  • September 02, 2025

    Military Lawyers To Work As Temporary Immigration Judges

    The U.S. Department of Defense is working to identify military lawyers to serve as temporary immigration judges at the U.S. Department of Justice, according to an agency spokesperson.

  • September 02, 2025

    Ga. Superior Court Clerk Suspended After Indictment

    A Georgia superior court clerk has been suspended after her indictment on charges of destroying public records and violating her oath of office, according to an executive order signed by Gov. Brian Kemp.

  • September 02, 2025

    Girardi Co-Attys Can't Revive Elder Abuse, Fiduciary Claims

    A California state appeals court has found that claims of financial elder abuse and aiding and abetting a breach of fiduciary duty brought by two of Tom Girardi's co-counsel against his son-in-law were correctly dismissed, as was an aiding and abetting claim against a company run by Girardi's estranged wife.

  • September 02, 2025

    Witnesses Rebut Jail Confession In Fla. Law Prof Murder Trial

    Two private investigators testified in Florida state court on Tuesday about meeting with the cellmate of a woman accused of hiring hitmen to kill a law professor, but denied that the inmate ever revealed they were told confessions to any portion of the crime that occurred in 2014.

  • September 02, 2025

    The Top In-House Hires Of August

    Legal department hires in the last month included high-profile appointments at the Association of Corporate Counsel, GE Vernova, and a California legal legend joining an AI startup named Anthropic. Here, Law360 Pulse looks at some of the top in-house announcements from the past few weeks.

  • September 02, 2025

    3rd Circ. Probes Jurisdiction In Dispute Over NJ US Atty

    The Third Circuit on Tuesday ordered defendants and the federal government to make a case for the appeals court's jurisdiction over a district court's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two cases, saying the court "ordinarily lacks jurisdiction" over pretrial orders in criminal cases.

  • September 02, 2025

    'Never My Intention' To Defy Justices, Judge In NIH Case Says

    A veteran Massachusetts jurist on Tuesday responded to suggestions by two U.S. Supreme Court justices that he had defied the high court by going ahead with a bench trial on two challenges to the Trump administration's cuts to National Institutes of Health research grants, saying he would never intentionally disregard precedent.

  • September 02, 2025

    Calif. Judge Rules Trump's Troop Deployment Was Unlawful

    A California federal judge ruled Tuesday that President Donald Trump's use of the National Guard to quell protests in Los Angeles over immigration raids was a violation of the Posse Comitatus Act, saying Congress "clearly" limited the military's role in domestic law enforcement.

  • August 29, 2025

    The 2025 Regional Powerhouses

    Law360's annual list of regional powerhouses reflects not only the work of exemplary firms, but also emerging legal trends in each state, from matters involving Colorado's growing life sciences industry, to an uptick in bankruptcies in Delaware, to the continued flurry of intellectual property litigation in California.

  • August 29, 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.

Expert Analysis

  • DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

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    The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

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