Business of Law

  • 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.

  • August 29, 2025

    Split Fed. Circ. Backs Limits On Presidential Tariff Powers

    The Federal Circuit held that President Donald Trump's emergency tariffs were improperly imposed under the International Emergency Economic Powers Act, which it said makes no mention of "tariff," "duties" or "tax."

  • August 29, 2025

    LA's Acting US Atty Essayli Faces DQ Bid Over Expired Term

    The Federal Public Defender's Office in Los Angeles urged a California federal court Friday to disqualify acting U.S. Attorney Bill Essayli, arguing that his temporary 120-day appointment has expired and his continuing service in the role "circumvented limitations" imposed by Congress.

  • August 29, 2025

    Cellmates Asked To Lie About Law Professor's Death, Jury Told

    Jailhouse informants testified Friday that they were asked to lie on behalf of a woman accused of hatching a plot to murder a Florida State University law professor, saying gifts were promised for false information about the case. 

  • August 29, 2025

    Judge Newman's Suspension Extended Once Again

    Federal Circuit Judge Pauline Newman's suspension from hearing cases was extended by another year on Friday, in a unanimous opinion by the appeals court's 11 other judges.

  • August 29, 2025

    DOJ Targets BigLaw, Big Tech For Antitrust 'Gamesmanship'

    The U.S. Department of Justice's top antitrust official singled out technology platforms and the BigLaw attorneys who represent them for "gamesmanship" by hiding key information from merger and conduct investigators, and announced a special task force "to tackle abuses that arise in our investigations."

Expert Analysis

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    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.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    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.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    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.

  • Why Attys Should Get Familiar With Quantum Computing

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    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.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    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.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    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.

  • Series

    Playing Football Made Me A Better Lawyer

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    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.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    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.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    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.

  • Roundup

    Law School's Missed Lessons

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    In this Expert Analysis series, attorneys offer advice on navigating real-world aspects of legal practice that are often overlooked in law school.

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