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Business of Law
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June 25, 2025
DOJ Sues Md. Federal Judges Over 'Lawless' Habeas Orders
The Trump administration is suing the Maryland federal district court and all of its judges over a standing order that temporarily staves off the deportation of detained noncitizens who file habeas petitions.
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June 25, 2025
Court Halts Trump Order Curbing Federal Union Bargaining
Several federal agencies must stop enforcing a part of President Donald Trump's executive order that would ax labor contracts covering agencies that have "national security" aims, a California federal judge ruled, finding unions showed they would suffer irreparable harm by losing collective bargaining rights.
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June 24, 2025
Former DOJ Antitrust Official Joins Latham
Latham & Watkins LLP on Wednesday announced the addition of a new D.C.-based antitrust partner with the hiring of Andrew Forman, a former deputy assistant attorney general in the U.S. Department of Justice's Antitrust Division who is rejoining private practice after three years of helping lead civil competition enforcement.
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June 24, 2025
Anthropic Copyright Ruling May Spur More AI Licensing Deals
The first federal court decision on the fairness of taking copyrighted material to train generative artificial intelligence is a mixed outcome for tech companies and content creators that could prompt both parties to seek coexistence, according to attorneys, with the judge concluding that while the technology is "spectacularly" transformative, using pirated material is inexcusable.
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June 24, 2025
Another Musk Case, Another Judge Recusal
A California federal magistrate judge on Tuesday became the latest federal judge to recuse from a case involving Elon Musk, this time stepping down from handling his lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise.
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June 24, 2025
3rd Circ. Pick Told DOJ To Defy Courts, Whistleblower Says
A top career official at the U.S. Department of Justice who was fired has come forward with a whistleblower complaint alleging Third Circuit judicial nominee Emil Bove, who was acting deputy attorney general at the beginning of the year, sought to defy court orders.
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June 24, 2025
Trump Hones Immunity Argument In 2nd Circ. Carroll Appeal
Counsel for President Donald Trump told the Second Circuit on Tuesday that he did not "unequivocally and explicitly" waive presidential immunity before a jury awarded writer E. Jean Carroll $83.3 million in their defamation battle, refining the theory that he cannot be held liable.
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June 24, 2025
ABA Announces New Research Into Attorney Mental Health
The American Bar Association announced Tuesday it is launching a national research project on attorney mental health, which will provide an updated benchmark of the issue nearly a decade after its 2016 study.
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June 24, 2025
Winston & Strawn Sues Hunter Biden For 'Unpaid Legal Fees'
Winston & Strawn LLP is suing Hunter Biden in Washington, D.C., alleging he owes the BigLaw firm more than $50,000 for legal work related to his federal criminal case in Delaware and other matters.
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June 24, 2025
Kasowitz Rebrands Amid Shift To Streamlined Firm Names
Kasowitz Benson Torres LLP announced Tuesday that it is rebranding to Kasowitz LLP, becoming the latest firm to shorten its name.
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June 24, 2025
Judiciary Warns Congress Of Cyber Risks To PACER
PACER, the online public repository of federal court documents, is vulnerable to cyberthreats, a top judiciary official told members of Congress on Tuesday.
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June 23, 2025
Amazon Sanctioned For Hidden Discovery
A Washington federal judge sanctioned Amazon.com Monday by limiting its use of company documents produced during discovery while giving the Federal Trade Commission more time for discovery, siding with the FTC's allegations that the online retail giant improperly claimed privilege over tens of thousands of documents in the Prime "dark patterns" lawsuit.
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June 23, 2025
Justices Drop 'Third Country' Removal Due Process, For Now
A divided U.S. Supreme Court ruled Monday that the Trump administration can send noncitizens facing deportation to countries where they have no prior ties without providing due process protections, including written notice or a chance to raise concerns about their future safety.
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June 23, 2025
Perkins Coie Lays Off 5% Of Staff Amid Strategic Review
Perkins Coie LLP, which successfully fended off President Donald Trump's executive order targeting the firm, has reportedly laid off roughly 5% of its professional staff this month, and attributed the reductions to the firm's strategic realignments following a yearlong review of its business operations.
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June 23, 2025
Litigation Funders Fight 'Kill Shot' In 'Big Beautiful Bill'
Litigation funders are in panic mode over a provision in the massive federal spending bill that would impose a 41% punitive tax on the $16 billion industry, with one executive calling it a "kill shot" and an academic warning it amounts to "unprecedented" weaponization of the U.S. tax code.
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June 23, 2025
Dems Demand Info On Emil Bove's Alleged Misconduct
Ahead of Emil Bove's hearing on Wednesday for his judicial nomination, Democrats on the Senate Judiciary Committee are pressing for information on complaints alleging his misconduct while at the U.S. Attorney's Office for the Southern District of New York and Main Justice earlier this year.
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June 23, 2025
Dems Laud Axing Of Budget Bill's Injunction Bond Provision
A provision meant to up the ante for plaintiffs filing lawsuits against the federal government by increasing the use of injunction bonds has been ruled ineligible for inclusion in the budget reconciliation package.
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June 23, 2025
Justices To Review Liability For Forcing Prisoner's Haircut
The U.S. Supreme Court will hear a former Louisiana prisoner's case for damages after guards forcibly shaved his head, removing the dreadlocks he maintained as part of his Rastafarian religion.
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June 20, 2025
Ex-Sidley, Covington Partners Launch White Collar Boutique
The former global co-head of Sidley Austin LLP's white collar defense and investigations practice has joined an ex-white collar partner from Covington & Burling LLP to launch a boutique litigation firm based in New York.
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June 20, 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.
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June 20, 2025
Supreme Court Won't Leapfrog DC Circ. Over Trump's Tariffs
The U.S. Supreme Court rejected a request from two Illinois-based toy makers challenging President Donald Trump's emergency tariffs to consider their case before it is reviewed by the D.C. Circuit.
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June 20, 2025
Many Foreign Firms Could Face Stricter Access To US Markets
The U.S. Securities and Exchange Commission's reevaluation of the definition of a foreign private issuer could have far-reaching consequences, potentially tightening access to U.S. markets for companies based in China and beyond, lawyers say.
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June 20, 2025
'Absolutely Disgusting': Litigant's Stashed Gum Irks Judge
A Florida federal judge admonished a plaintiff for sticking her chewed gum to a courtroom table, leading to a federal prosecutor getting the gum stuck to her skirt later, calling it "absolutely disgusting" and saying he "never dreamed" he would have to "write an order like this."
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June 20, 2025
9th Circ. Backs 'Legitimate' Bar Membership Admission Rules
The Ninth Circuit on Friday tossed a challenge to local rules in district courts in the circuit requiring lawyers to be bar members in the state where the court is located in order to seek general admission, saying admission rules aren't unconstitutional and there are several "legitimate reasons" for the rule.
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June 20, 2025
737 Max Families Push For Special Prosecutor In Boeing Case
Families of victims of the 737 Max 8 crashes have asked a Texas federal judge to appoint a special prosecutor in Boeing's criminal conspiracy case, saying the U.S. Department of Justice's latest nonprosecution agreement with the American aerospace giant sets a dangerous precedent for corporate defendants to evade accountability.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.