Business of Law

  • August 19, 2025

    DOJ Asks Full 4th Circ. To Rehear Judges' Speech Dispute

    The U.S. Department of Justice petitioned the full Fourth Circuit to rehear a June panel decision reviving a free speech suit from an immigration judges union, saying it flouts U.S. Supreme Court precedent and implements a novel legal requirement.

  • August 19, 2025

    NY US Atty Hit With Complaint For Alleged Media Retaliation

    A collection of nonprofit organizations that support press freedoms has called for an ethics investigation of acting U.S. Attorney John A. Sarcone III of the Northern District of New York, saying he may have "unconstitutionally retaliated" against a newspaper that reported on him.

  • August 19, 2025

    Ex-Judge Gets Law License Back After Bribery Suspension

    A former Philadelphia Municipal Court judge can practice law in Pennsylvania again following a split state Supreme Court decision to reinstate his license that had been suspended after he admitted to accepting $90,000 to drop out of a congressional election.

  • August 19, 2025

    Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court

    The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.

  • August 19, 2025

    5th Circ. Says NLRB Structure Likely Unconstitutional

    The Fifth Circuit on Tuesday upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.

  • August 18, 2025

    NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful

    Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.

  • August 18, 2025

    Ex-NY AG Immune From Malicious Prosecution Suit

    Former New York Attorney General Eric Schneiderman has immunity from a suit by a former New York City Council member claiming wrongful prosecution, a federal judge has ruled.

  • August 18, 2025

    SDNY Judges OK Trump's Selection Of Jay Clayton As US Atty

    The Southern District of New York on Monday permitted Jay Clayton to continue overseeing the district's prosecutorial office, appointing Clayton as U.S. attorney just a day before his tenure as interim U.S. attorney was set to expire.

  • August 18, 2025

    Catching Up With Delaware's Chancery Court

    Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.

  • August 18, 2025

    Fired DOJ Antitrust Deputy Warns Of Lobbyist Influence

    The former top deputy for the U.S. Department of Justice Antitrust Division, Roger P. Alford, defended the agency's leadership Monday while calling out a pair of senior officials and warning of the influence that lobbyists are wielding over merger reviews and other issues.

  • August 18, 2025

    Lawmaker Pans 'Selective' Charges Over ICE Facility Clash

    U.S. Rep. LaMonica McIver has moved to dismiss criminal charges against her from a May confrontation with federal agents at an immigrant detention center in Newark, New Jersey, arguing she is immune from prosecution under the U.S. Constitution's speech or debate clause and is being selectively targeted by the government.

  • August 18, 2025

    Litigation Funder Burford Eyes Investments In US Law Firms

    Burford Capital LLC, the world's largest litigation funder, is eyeing an investment model to put money directly in U.S. law firms after years of investing in U.S. lawsuits, its chief development officer told Law360 Pulse.

  • August 18, 2025

    Whiteford Taylor Must Face Wire Fraud Malpractice Suit

    A Maryland federal judge has declined to toss the majority of a malpractice and gross negligence suit brought by the founder of a construction company who accused his former business partners and their shared counsel of being partially to blame for hackers stealing his $4 million share of proceeds from the sale of their business.

  • August 18, 2025

    Burr & Forman Must Face Claims From Healthcare Scheme

    A Georgia federal judge has denied Burr & Forman LLP's bid to escape a lawsuit accusing the firm of being party to a massive healthcare fraud scheme, ruling that it must largely face malpractice and breach of fiduciary claims from a pair of bankruptcy trustees.

  • August 18, 2025

    Fried Frank Escapes Sanctions Over Flawed RICO Patent Suit

    A Florida federal court has rejected sanctions motions leveled against Tristar Products Inc. and its counsel at Fried Frank for bringing a doomed anti-racketeering patent fraud lawsuit against Telebrands Corp., finding that the claims were not frivolous despite "myriad" flaws and "sloppy lawyering."

  • August 18, 2025

    Treasury Seeks Input On Tech To Combat Crypto Crimes

    The U.S. Department of the Treasury on Monday asked the public to share feedback on how novel technologies might be used to detect and thwart illicit crypto activity, fulfilling a directive under a recently signed bill to regulate stable value tokens.

  • August 15, 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 15, 2025

    Trump Admin Calls Judge's Inaction An 'Affront' To High Court

    The Trump administration said a Massachusetts federal judge who didn't vacate a decision barring certain staffing cuts at the U.S. Department of Education is showing "disregard" to a recent U.S. Supreme Court ruling, calling it an "affront" to the high court's authority.

  • August 15, 2025

    US Trustee Blasts Deals Over Jackson Walker-Judge Romance

    The U.S. trustee for the Southern District of Texas on Friday objected to Jackson Walker LLP's proposed settlements with former bankruptcy clients meant to resolve fee disputes related to the concealed romance of a former lawyer with the firm and a former bankruptcy judge, arguing they should be denied or considered at trial.

  • August 15, 2025

    Judiciary Starts Rule Debate Spanning AI, Subpoenas, More

    The federal judiciary's comment clock officially started ticking Friday for rulemaking efforts spanning a smorgasbord of subjects, from high-tech testimony utilizing artificial intelligence to the low-tech tasks of hand-delivering subpoenas and paying witness fees.

  • August 15, 2025

    Defense Attys Predict Rise In Shareholder Suits, Report Says

    Nearly three-quarters of defense attorneys surveyed by high-risk insurance firm Inigo believe there will be an increase in private securities litigation over the next year, especially in the area of artificial intelligence, according to a report released by Inigo.

  • August 15, 2025

    Nat'l Guard Deployment In States Won't Be As Easy As In DC

    President Donald Trump's power to deploy the D.C. National Guard and federalize local police lays bare the unique vulnerability of the district, but that power may be more limited in states where Trump has threatened to take similar action.

  • August 15, 2025

    Perkins Coie Beats Claims It Aided Client's Alleged $12M Theft

    Perkins Coie LLP has defeated an investment company's lawsuit in Illinois state court accusing the firm of helping the plaintiff's onetime investment manager fleece $12 million from company accounts and playing a "critical" role in the theft and cover-up.

  • August 15, 2025

    Famed Trial Atty, 'Country Lawyer' Gerry Spence Dies At 96

    Gerry Spence, the celebrated "country lawyer" known for his Stetson hats, plainspoken style and high-profile courtroom victories, has died after a singular career that saw him tackle tough cases while preaching a gospel of emotional honesty and vulnerability.

  • August 15, 2025

    Law360's Legal Lions Of The Week

    Cozen O'Connor leads this week's edition of Law360 Legal Lions, after the Sixth Circuit determined that an employer can only be held liable for a customer's harassment of an employee if the company intended for the misconduct to happen.

Expert Analysis

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    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.

  • How To Accelerate Your Post-Attorney Career Transition

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    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.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    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.

  • Series

    Birding Makes Me A Better Lawyer

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    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.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    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.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    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.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    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.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    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.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    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.

  • Roundup

    Adapting To Private Practice

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    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.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    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.

  • Jurisdiction Argument In USAID Dissent Is Up For Debate

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    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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