Habba Cites Essayli Ruling To Defend Role In NJ Cases

By Carla Baranauckas

The U.S. Department of Justice has urged the Third Circuit to reinstate Alina Habba's authority in two criminal prosecutions, arguing a recent California ruling backs her power to supervise cases as first assistant, even if she's barred from acting as U.S. attorney for the District of New Jersey under federal vacancy law.

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London Stock Exchange Botched MayStreet Deal, Suit Says

By Jarek Rutz

MayStreet Inc.'s co-founder and former CEO sued the London Stock Exchange Group PLC and a few of its subsidiaries Thursday in the Delaware Chancery Court, claiming they lured him into selling the company with false promises of growth and then failed to honor post-closing obligations under the merger contract.

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J&J's Janssen Says 3rd Circ. Should Reverse $1.6B FCA Win

By Jarek Rutz

Johnson & Johnson's Janssen Products LP urged the Third Circuit to overturn a $1.6 billion False Claims Act judgment over two of its HIV drugs, arguing the district court allowed whistleblowers to prove fraud based solely on "off-label" marketing rather than any false claim actually submitted to the government.

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Analysis

Squires' National Security Fears Over RPIs Draw Skepticism

By Dani Kass

U.S. Patent and Trademark Office Director John Squires has started requiring patent challengers to disclose all real parties in interest when filing their initial Patent Trial and Appeal Board petitions, building on his policies to limit such challenges and citing concerns over national security.

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Gun Rights Groups Ask Justices To Review Ban On Pot Users

By Sam Reisman

A group of gun rights advocates urged the U.S. Supreme Court to hear a case arguing that a federal law prohibiting marijuana users from owning guns runs afoul of the Second Amendment, saying a similar case the justices agreed to hear is a poor vehicle for the issue.

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Pension Fund Says Yellow Plan Can't Reserve Claim Argument

By Rick Archer

A Teamsters pension fund is urging the Delaware bankruptcy court to reject Yellow Corp.'s liquidation plan, arguing the trucking company is reserving potential arguments against the fund's $17.8 million claim that have already been resolved and discharged.

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3rd Circ. Affirms Tax On Interest In $191M Pharma Family Feud

By Anna Scott Farrell

A pharmaceutical company's $191 million payment settling a family feud was for the sale of a family trust's ownership shares and included interest taxed as ordinary income, the Third Circuit said Thursday, rejecting the trust's claim that the money should be taxed at the lower, capital gains rate.

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McCarter & English Used Doctrine As 'Whipsaw,' Panel Hears

By George Woolston

A biotech company on Thursday urged a New Jersey appellate panel to revive its legal malpractice suit against McCarter & English LLP, arguing that the claims were distinct from the firm's own suit seeking unpaid fees.

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Lessons From Del. Chancery Court's New Activision Decision

The Delaware Court of Chancery's recent decision in AP-Fonden v. Activision Blizzard, declining to dismiss certain fiduciary duty claims at the pleading stage, offers takeaways for boards considering a sale, including the importance of playing an active role in the merger process and documenting key board materials, say attorneys at Cleary.

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Series

Practicing Stoicism Makes Me A Better Lawyer

Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.

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Judges See An Immigration Court Gutted From Inside

By Marco Poggio

Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.

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Alaska Joins Utah In Firing Motley Rice From Opioid Case

By Lauren Berg

Alaska joined Utah this month in terminating its contract with Motley Rice LLC, which the state hired nearly a decade ago to pursue litigation over the opioid crisis, saying the law firm didn't disclose it was simultaneously representing other clients in separate opioid litigation.

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Roundup

Up Next At High Court: Tariffs, Fugitives & Contractor Liability

By Katie Buehler

The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.

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Texas Atty Sanctioned For Not Disclosing AI Use

By Lynn LaRowe

A Texas federal judge has sanctioned a Dallas-area attorney for failing to disclose that he used artificial intelligence to prepare a summary judgment response that included inaccurate information in a wrongful termination case.

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Ill. Judge Prefers 'Clean' Dismissal Against Ex-Girardi Attys

By Lauraann Wood

An Illinois federal judge told Edelson PC on Friday to either dismiss its conversion case against two former Girardi Keese attorneys in a "clean" and "unadulterated" stipulation or submit legal authority supporting its desire to condition the dismissal on him adopting side agreements the parties outlined in their filing.

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Troutman Owes $3.5M For Malpractice, Med Tech Co. Says

By George Woolston

A healthcare tech company urged a New Jersey state judge on Friday to have Troutman Pepper Locke LLP pay the more than $3.5 million in counsel fees and costs the company and its managing partner incurred successfully litigating legal malpractice claims against the firm, arguing the path to a trial win was lengthy and complex.

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New Rule Limits Loan Forgiveness For Public Service Workers

By Alison Knezevich

The Trump administration has finalized a rule to limit who can qualify for a federal student loan forgiveness program that has been a key incentive for attorneys to pursue public service and nonprofit careers.

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Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

In this installment of Wheeling & Appealing, November's appellate calendar features a Trump lawsuit against Hillary Clinton, New York City housing disputes, drug pricing battles, immigrant rights cases, and challenges to so-called patent troll laws.

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Students Defend Law School Application Fee Antitrust Suit

By James Boyle

Plaintiffs in a proposed class action accusing the Law School Admission Council of fixing application fees with its member schools claim in a new filing their complaint is strong enough to survive a motion to dismiss.

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Q&A

First Trans Judge In Mass. Advocates Courtroom Courtesy

By Parker Quinlan

Boston Municipal Court Judge Connor M. Barusch spent nearly two years navigating the complicated process to become a judge in Massachusetts. In this interview with Law360, they say their path to becoming the first judge in state history who identifies as nonbinary and transgender will help diversify the bench and better serve the community.

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IP-Focused Judges Say Less Is More In Patent Litigation

By Theresa Schliep

Attorneys litigating patent cases should exercise discretion when redacting documents, limit the length and volume of motions, and talk to judges the way they talk to juries about complicated intellectual property issues, a panel of IP-focused judges advised Thursday.

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Practising Law Institute Launches Legal Innovation Council

By Andrea Keckley

The Practising Law Institute announced Friday that it is launching its first-ever Innovation Council, which will offer guidance on the integration of emerging technological innovations into the legal industry.

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AccessLex, Southwestern Law Join Up To Study Admissions

By Matt Perez

Legal education nonprofit AccessLex Institute has announced that Southwestern Law School in Los Angeles will be the first school to go through its Admission Innovation Project, which supports and funds efforts by universities to implement and assess new approaches to selecting first-year law students.

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Monthly Merger Review Snapshot

By Bryan Koenig

The Justice Department battled with state attorneys general trying to peek behind its controversial settlement clearing Hewlett Packard Enterprise's Juniper purchase, United Kingdom officials deepened their probe into Getty's proposed acquisition of Shutterstock and Pfizer cried foul when Novo Nordisk tried to swoop in over its Metsera purchase.

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Hub Hires: Cooley, Hinckley Allen, Weil Gotshal

By Chris Villani

The month of October brings with it shorter days, crisp fall weather, and a handful of fresh legal homes for some of Boston's top talent. Cooley boosted its life sciences practice, Hinckley Allen strengthened its litigation team, and Weil snagged an appellate pro.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen two regional law firms clash at the intellectual property court over the name Amicus Solicitors, Bill's Restaurant face a breach of contract suit by its former executive chair, and a Capita subsidiary sue the Metropolitan Police over a multimillion-pound procurement dispute. 

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

Among the stories in corporate legal news in the past week: Google and Apple fired back at an effort to depose their respective CEOs in an antitrust case, and a new survey found most corporate legal departments expect to seek much more help from outside counsel next year.

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Law360's Legal Lions Of The Week

By Kevin Penton

Kellogg Hansen Todd Figel & Frederick PLLC, Motley Rice LLC and Powell & Majestro PLLC lead this week's edition of Law360 Legal Lions, after the Fourth Circuit overturned a key ruling by a West Virginia federal judge in the first federal bellwether in multidistrict opioid litigation.

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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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