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Business of Law
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August 07, 2025
Milbank Offers Summer Bonuses Of Up To $25K To Associates
Milbank LLP has become the first BigLaw firm to announce summer bonuses this year, offering up to $25,000 for associates and counsel after smaller shops also unveiled midyear payouts.
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August 07, 2025
California Anti-Deepfake Law Struck Down By Judge
A California federal judge has agreed to block a California anti-deepfake law as constitutionally and legally invalid, siding with conservative media companies and content creators who argued that the law infringes platforms' First Amendment rights to moderate content on their own and pressures them to censor speech.
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August 06, 2025
6th Circ. Rips 'Stalking Horse' Ploy In Drug Negotiation Suit
The pharmaceutical industry will feel the sting of a Wednesday loss in a wide-ranging war over Medicare's power to negotiate drug prices, as the Sixth Circuit tossed a suit and accused one major company of utilizing a "stalking horse" to sue in a more favorable forum.
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August 06, 2025
USPTO's Stewart Suggests Org. Is Eyeing Patent Fee Changes
U.S. Patent and Trademark Office acting Director Coke Morgan Stewart addressed rumors that the Trump administration is considering a new fee on the values of patents on Wednesday, saying Commerce Secretary Howard Lutnick is "very concerned" about the "disconnect" between the low costs of obtaining patents and their huge worth.
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August 06, 2025
5th Circ. Upholds Gun Ban For Convicted Felons
A Fifth Circuit panel on Wednesday shot down a felon's attempt to have a gun charge thrown out after he was found guilty of a drive-by shooting, saying a historical analog from the time of the country's founding allows for confiscation of firearms from felons.
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August 06, 2025
Reed Smith Faces DQ Bid In Venezuelan Airline Dispute
A group of shareholders who say they own half of Venezuela's Avior Airlines have asked a Florida federal court to disqualify Reed Smith LLP from representing the airline and a feuding shareholder, claiming that the engagement of the law firm was not approved by a majority of the shareholders as required by the company's bylaws.
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August 06, 2025
WilmerHale Beats Fired Associate's Racial Bias Claims
A Manhattan judge Wednesday threw out a former WilmerHale senior associate's lawsuit alleging he was unfairly evaluated and eventually fired because he is Black, finding that the complaint doesn't plausibly allege discriminatory comments were made about his race or that employees of other races were treated better.
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August 06, 2025
UC Policy Found Discriminatory Based On Immigration Status
A California state appeals court has ruled that the University of California's employment policy against hiring unauthorized immigrant students who lack federal work permits is "facially discriminatory," and that the university system couldn't lean on a risk of federal enforcement for justification.
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August 06, 2025
US Asks High Court To Decide If Drug Users Can Have Guns
The Trump administration has asked the U.S. Supreme Court to resolve "a four-way circuit conflict" over whether it is legal to prevent users of drugs including marijuana, which has been legalized in some fashion in the vast majority of states, from possessing firearms.
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August 06, 2025
NY US Atty Faces Watchdog's Ethics Suit After Altercation
Legal ethics watchdog Campaign for Accountability on Wednesday called for an ethics probe of acting U.S. Attorney John Sarcone III of the Northern District of New York, alleging that he made a number of deceptive claims arising from a June altercation.
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August 05, 2025
Judge Mulls Sanctioning Hagens Berman In Thalidomide Suits
The Pennsylvania federal judge presiding over dozens of product liability actions against manufacturers of the morning sickness drug thalidomide Tuesday ordered Hagens Berman Sobol Shapiro LLP to explain why it shouldn't be sanctioned for allegedly conducting "grossly inadequate" pre-suit inquiries, obstructing discovery and doctoring evidence.
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August 05, 2025
OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit
OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.
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August 05, 2025
Law, Medical School Orgs Face Application Fee Antitrust Suits
The Law School Admission Council and the Association of American Medical Colleges have each been hit with a proposed class action in Pennsylvania and D.C. federal courts, respectively, by candidates who said the nonprofits conspired with their member schools to charge excessive application fees that have been fixed at the same price regardless of the school.
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August 05, 2025
Tesla Verdict Could Embolden Plaintiffs With Similar Claims
The $329 million verdict handed down by jurors in Miami on Friday over a fatal Florida Keys crash is the first to find Tesla's autopilot defective and will likely embolden other plaintiffs with similar claims to take them to trial, personal injury attorneys told Law360.
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August 05, 2025
5th Circ. Says Texas Voter ID Law Is Legally Sound
A Fifth Circuit panel upheld a Texas law that requires voters to provide an identification number when voting by mail, finding the law complies with the Civil Rights Act and that the state designed it to combat mail-in ballot fraud.
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August 05, 2025
Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill
A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.
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August 05, 2025
Ghislaine Maxwell Slams Feds' Bid To Unseal Grand Jury Docs
Ghislaine Maxwell, who is serving a 20-year prison sentence for trafficking children for late sex offender Jeffrey Epstein, urged a New York federal judge Tuesday to deny the government's bid to unseal grand jury transcripts, saying release of the sealed materials could jeopardize the appeal of her 2021 conviction.
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August 05, 2025
A Free Exercise 'Blueprint' In Colo. Abortion Reversal Order
A Colorado federal judge's decision to allow medication abortion "reversals" on free exercise grounds could serve as a model for other lawsuits meant to legitimize a practice that is outside the standard practice of medicine.
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August 05, 2025
Ex-Patent Examiner Fights USPTO Exclusion At High Court
A former U.S. Patent and Trademark Office examiner wants the U.S. Supreme Court to review his exclusion from practicing before the agency, saying the justices should look at issues relating to a suspension he received and also federal civil rights protections.
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August 05, 2025
Meet FDA Chief Counsel Sean Keveney
The new top attorney at the U.S. Food and Drug Administration, described as a "tremendous technical lawyer," rose through the ranks as a federal prosecutor before helping lead President Donald Trump's confrontation with elite universities this year.
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August 05, 2025
Law Profs Urge 11th Circ. To Toss Judge-Shopping Sanctions
A group of seven law school professors is urging the Eleventh Circuit to toss a sanctions ruling against three attorneys for judge shopping, arguing that federal law does not forbid the practice and citing the "potentially chilling effect the order will have on counsel, especially those involved in pro bono representation."
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August 05, 2025
Approach The Bench: Justice Wecht On Judicial Campaigns
If running for judicial office often requires walking the line of being a sitting jurist and a politician, Pennsylvania Supreme Court Justice David Wecht is no stranger to that tightrope.
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August 05, 2025
Medicaid Cuts May Worsen Incarceration-Linked Death Risks
A new public health investigation reveals an association between incarceration and elevated risk of early death, not only for people who have been behind bars but for entire communities. Experts caution that impending disinvestment in Medicaid could worsen outcomes in vulnerable populations.
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August 04, 2025
Ex-Copyright Chief Seeks Emergency Injunction In Firing Suit
The U.S. Copyright Office's fired head on Monday urged a Washington, D.C., federal court to let her continue serving the role while she appeals the court's denial of her reinstatement bid, saying the court didn't address the merits of her arguments challenging President Donald Trump's authority to terminate her.
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August 04, 2025
ABA Eyes Reducing Board Size, Trimming Diversity Seats
The American Bar Association proposed reducing the size of its board of governors and proportionally cutting the number of seats reserved for women, people of color and other underrepresented groups, as the organization's president Monday reiterated a commitment to "rule of law, due process, access to justice, fairness and diversity."
Expert Analysis
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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.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.