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Business of Law
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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."
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August 04, 2025
Roundup Judge Threatens Sanctions For Unpaid Plaintiff Fees
The California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer has threatened to sanction 37 plaintiffs' firms that have not held back a percentage of their recovery fees for a common benefit fund.
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August 04, 2025
Judge Newman Contests Suspension Renewal At DC Circ.
The Federal Circuit's recent recommendation to continue U.S. Circuit Judge Pauline Newman's suspension makes clear her colleagues are looking to permanently remove her, the judge's attorney told the D.C. Circuit Monday.
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August 04, 2025
Chancery Spreading Workload, Automating Case Assignments
Citing in part efforts to balance jurist workloads, Delaware's ever-slammed Court of Chancery reported plans on Monday to field a new, automated case assignment regime in September that will pull more factors into the mix when distributing new cases.
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August 04, 2025
Plaintiff Bar Urges FINRA To Reject Industry's Arbitration Recs
The Public Investors Advocate Bar Association on Monday urged the Financial Industry Regulatory Authority to reject industry recommendations to loosen its arbitration rules, calling on the brokerage industry regulator to "resist pressure from industry groups seeking to dilute hard-won safeguards."
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August 04, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21.
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August 04, 2025
Mississippi Judge Won't Explain TRO Errors In Suit Over DEI
A Mississippi federal judge won't explain how his decision pausing enforcement of a state law barring diversity, equity and inclusion in public schools contained nonexistent allegations, wrongly identified plaintiffs and defendants and quoted terms that don't appear in the legislative text, ruling that the court isn't obligated to do so.
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August 04, 2025
Ga. Lawyer Sues Opposing Counsel For Insulting Email
A Georgia lawyer has launched a defamation lawsuit in state court against opposing counsel in a passport dispute for sending an email that called him a liar and the "epitome of antiquated false male dominance."
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August 04, 2025
DOJ Fights Md. Judges' Bid To Ax Suit Over Habeas Orders
The Department of Justice is standing by its lawsuit challenging a standing order in the District of Maryland that temporarily blocks the deportation of detained noncitizens who file habeas petitions, saying a recent dismissal bid misses the mark because "even a small delay" is "irreparable harm to sovereign interests."
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August 01, 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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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
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August 01, 2025
NJ Court Will Mull Legality Of Habba's US Atty Appointment
If Alina Habba was illegally appointed acting U.S. attorney in New Jersey, a pair of defendants in a drug trafficking case are not entitled to dismissal of the indictment, but it "appears appropriate" that Habba would be barred from prosecuting them, a federal judge ruled Friday.
Expert Analysis
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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.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.