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Business of Law
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February 26, 2025
GOP Reps. Criticize Judges At 'Impeachathon'
A trio of House Republicans on Wednesday unveiled a list of federal judges they're targeting for impeachment as they, along with presidential adviser Elon Musk, go after those who rule against the Trump administration's executive actions.
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February 26, 2025
Texas Chief Justice Blasts ABA, Urges 'Politically Neutral' Bar
Texas Supreme Court Justice Jimmy Blacklock urged state lawmakers Wednesday to approve judicial pay hikes while denouncing the American Bar Association's criticism of federal policies and calling for the state bar to remain "politically neutral."
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February 26, 2025
Solicitor General Pick Says Trump Won't Skirt Court Orders
President Donald Trump's pick for U.S. Solicitor General told senators Wednesday that he saw no "plausible scenario" in which the president would defy a court order despite contrary suggestions from members of his administration, frustrating Democrats during a committee hearing on three U.S. Department of Justice nominees.
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February 26, 2025
Justices Open To Nixing Higher Hurdle For Heterosexual Bias
The U.S. Supreme Court hinted Wednesday that it will find heterosexual bias claims should not be held to a stricter burden of proof when it decides if an Ohio agent discriminated against a worker because she's straight, with Justice Samuel Alito noting "radical agreement" among the parties that the Sixth Circuit held her to a higher standard than other Title VII plaintiffs.
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February 26, 2025
DA Willis Loses 'Absurd' Bid To Nix Trump Probe Subpoenas
A Georgia state judge has denied Fulton County District Attorney Fani T. Willis' bid to quash multiple subpoenas against her from a state Senate committee investigation into her prosecution of President Donald Trump in an election interference case, finding that her argument would set "an absurd" precedent.
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February 26, 2025
Mass. High Court Reaffirms No Private Right To Atty Discipline
Massachusetts' highest court on Wednesday reaffirmed that there is no private right of action to compel the state bar to open an investigation or disciplinary proceedings.
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February 26, 2025
Adams Says SDNY Memo Leaks Doom His Bribery Case
New York City Mayor Eric Adams opened up a new line of attack against his federal corruption case Wednesday, arguing that the judge must dismiss the charges due to the "extreme prejudice" caused by leaked Justice Department memos alleging a quid pro quo between the mayor and the Trump administration.
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February 26, 2025
Supreme Court Backs Broad View Of Lawsuit Revival Rule
Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.
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February 25, 2025
Apple Litigation Director Threatened With Sanctions At Hearing
A California federal judge presiding over a high-stakes evidentiary hearing into whether Apple has complied with her 2021 antitrust injunction threatened to sanction Apple's commercial litigation director Tuesday, telling counsel she has "significant concerns" about Apple's over-designation of attorney-client privilege, saying, "Your client is not entitled to have you engage in unethical conduct."
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February 25, 2025
Trump Targets Covington Attys For Repping Special Counsel
President Donald Trump on Tuesday ordered the immediate suspension of security clearances held by Covington & Burling LLP attorneys who represent former special counsel Jack Smith, with the president citing the attorneys' supposed roles in the "weaponization of the judicial process."
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February 25, 2025
Judge Who Shot Wife Admits Hundreds Of Gun Law Violations
A California judge accused of killing his wife admitted on the witness stand Tuesday to breaking the law at least hundreds of times by drinking alcohol while carrying a concealed weapon, but insisted her shooting was an accident and denied shedding crocodile tears to gain the jury's sympathy.
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February 25, 2025
Drinks Co. Ex-CEO Files $732M Sanctions Motion Against Firm
The former CEO of an energy drinks company on Tuesday urged a Florida state court to impose $732 million in sanctions against a law firm in a legal fees dispute, saying its attorneys' litigation misconduct caused serious financial harm while representing him in a separate federal bankruptcy case.
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February 25, 2025
Jay-Z's Claims Against Buzbee May Get Trimmed, Judge Says
A California state judge said Tuesday that he's inclined to toss Shawn "Jay-Z" Carter's extortion claims against personal injury lawyer Tony Buzbee and some, but not all, of the rapper's defamation allegations stemming from a now-abandoned rape lawsuit.
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February 25, 2025
How To Track Trump's Legal Battles
President Donald Trump has issued a historic number of executive orders and other actions during his first five weeks back in the White House, eliciting more than 80 legal challenges and setting the stage for major courtroom battles over birthright citizenship, presidential power, the federal government's structure and more. Law360 has created a database to keep track of them all.
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February 25, 2025
3 Attys Reprimanded, 2 DQ'd In Ala. Judge Shopping Probe
An Alabama federal judge on Tuesday publicly reprimanded three attorneys for judge shopping during their legal efforts against a state law criminalizing gender-affirming care, saying that the trio practiced in bad faith and dropping two of them from litigating the case.
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February 25, 2025
Justices Limit 'Prevailing Party' Status For Atty Fees
Litigants will no longer be considered the "prevailing party" — and thus won't be eligible for attorney fees — if they achieve courtroom victories via preliminary injunction instead of a final judgment, the U.S. Supreme Court has found, in a ruling that's expected to be a blow to legal advocacy groups.
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February 25, 2025
Federal Judiciary Repeats Request For More Judges
A federal circuit judge, speaking on behalf of the federal judiciary, repeated on Tuesday the need for more federal judges to alleviate the overwhelmed courts after President Joe Biden vetoed legislation late last year that would have added seats to the bench.
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February 25, 2025
Former Banner Witcoff Name Partner Dies At 99
A retired name partner of intellectual property boutique Banner Witcoff has died at the age of 99, the firm announced Monday, saying he will be remembered as a pioneering IP attorney and a thoughtful colleague and mentor.
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February 25, 2025
Calif. Bar Touts Reduction In Racial Disparity In Atty Discipline
The State Bar of California has reported what it calls "significant" shifts toward equity in attorney discipline in the five years since a watershed study showed a decades-long trend of disparity, including that Black male attorneys were more than three times as likely to be placed on probation or disbarred compared to their white counterparts.
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February 25, 2025
Law Firm Leasing Reaches Highest Level Since Before COVID
Law firms in the United States have broken through years of pandemic-related uncertainty about market conditions and the need for office space to record the highest volume of lease activity in more than five years, according to newly released data.
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February 25, 2025
King & Spalding Beats Bias Suit Over Summer Program
King & Spalding LLP won't have to face a discrimination suit filed by a straight white woman who says she was dissuaded from applying to a summer associate program open only to "diverse" applicants, a Maryland federal court has ruled, saying she has not sufficiently demonstrated a real intent to apply to the position and therefore lacks standing.
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February 25, 2025
Jones Day, Married Ex-Associates End Suit Over Family Leave
Jones Day and two former associates have settled their acrimonious and long-running legal battle over the firm's allegedly sexist family leave policy, they told a Washington, D.C., federal court Tuesday.
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February 24, 2025
'It Was An Accident': Judge Denies Shooting Wife On Purpose
A California judge who shot his wife to death in their living room following an argument took the stand in his murder trial Monday, fighting hard to maintain his composure while explaining to jurors that his Glock discharged accidentally when he tried to set it down on the coffee table.
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February 24, 2025
'We Need Go No Further': 10 Notable Judge Bruce Selya Lines
Senior First Circuit Judge Bruce Selya, who died Saturday at age 90, will be remembered not only for the opinions he wrote but for the flowery language he used to write them. Here are 10 of the judge's notable "Selyanisms" from recent years.
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February 24, 2025
Injury Attys Sanctioned Over AI-Hallucinated Case Citations
A Wyoming federal judge overseeing a personal injury lawsuit against Walmart sanctioned the plaintiffs' attorneys from Morgan & Morgan PA and the Goody Law Group after they filed pretrial motions containing case law hallucinated by artificial intelligence, but acknowledged Monday their "remedial steps, transparency and apologetic sentiments."
Expert Analysis
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Wachtell-X Ruling Highlights Trend On Arbitrability Question
A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.