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Business of Law
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April 16, 2025
Former McCarter & English Atty Fights Bid To Toss Firing Suit
A former McCarter & English LLP attorney and Navy SEAL has accused the firm in New Jersey state court of trying to "smear" him by claiming he was fired for his offensive social media posts rather than his advocacy for veterans.
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April 16, 2025
DOJ Resists Perkins Coie Summary Judgment Bid In EO Case
The U.S. Department of Justice is continuing to defend President Donald Trump's March 6 order suspending security clearances held by Perkins Coie LLP attorneys, arguing on Wednesday that the BigLaw firm cannot take an early win, in part due to the firm's alleged "discriminatory employment activities" through participation in Mansfield Certification.
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April 16, 2025
Schumer Looks To Block Trump NY US Attorney Nominations
Senate Minority Leader Chuck Schumer, D-N.Y., announced on Wednesday he is exercising his power to block two of President Donald Trump's nominations for U.S. attorneys, which could set up an early test for preserving the long-standing Senate blue slip tradition.
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April 16, 2025
DC Judge Mulls Contempt For Gov't Over 'Rushed' Removals
U.S. District Judge James Boasberg found probable cause on Wednesday to hold the Trump administration in criminal contempt for willfully violating his order barring removals of Venezuelans under the Alien Enemies Act, despite the U.S. Supreme Court having vacated that order.
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April 16, 2025
California Challenges Trump's Economic Emergency Tariffs
The California state government filed suit Wednesday challenging President Donald Trump's recent use of a law that has allowed him to unilaterally impose broad and aggressive tariffs on imports entering the U.S.
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April 15, 2025
Fired NLRB, MSPB Members Tell Justices Not To Rush Ruling
A pair of fired independent regulators implored the U.S. Supreme Court on Tuesday to reject President Donald Trump's bid to keep them unemployed while they challenge his authority to fire them without cause, arguing his new attack on a century-old precedent doesn't qualify as an emergency that the high court must address.
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April 15, 2025
Judge Orders Discovery On Actions In Abrego Garcia Case
A Maryland federal judge ordered two weeks of discovery and depositions of at least four Trump administration officials into whether it's complying with her order to get back a Maryland man sent to a Salvadoran megaprison, saying that the updates she's gotten so far have shown that "nothing has been done."
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April 15, 2025
How An Apple Exec's Attys Turned A Bribe Charge Into 'Vapor'
When jurors ruled this month that an Apple executive's promise to donate iPads to the local sheriff's department was not a bribe, it appeared to vindicate a defense strategy of calling no witnesses and painting the case as fundamentally flawed.
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April 15, 2025
Retiring Calif. Ethics Committee Atty Says Judicial Trust Vital
Nancy Black, who retires this month as founding counsel to California's Supreme Court Committee on Judicial Ethics, reflected in an interview with Law360 on the wide range of ethical concerns the committee has handled over her 15-year tenure and the group's key role in safeguarding public trust in the courts.
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April 15, 2025
NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told
A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.
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April 15, 2025
McGuireWoods Immune From Defamation Case, NC Panel Told
McGuireWoods LLP and a former partner have told a North Carolina state appeals court that they have absolute privilege over allegedly defamatory statements made in connection with an investigation into the former CEO of a managed care organization, arguing that the trial court should have granted them a pretrial win.
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April 15, 2025
DC Judge Blocks Trump Order Against Susman Godfrey
A D.C. federal judge on Tuesday largely blocked President Donald Trump's executive order over Susman Godfrey's handling of election litigation, saying the "Framers of the Constitution would see this as a shocking abuse of power."
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April 15, 2025
Moye White Says It Was Evicted To Make Way For Tech Co.
Defunct law firm Moye White LLP is fighting back in Colorado state court against its Denver landlord's nearly $4 million lawsuit, alleging in counterclaims that the landlord unlawfully evicted the firm and its subtenants from a downtown office building in order to make room for a technology business.
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April 14, 2025
Susman Godfrey Asks To Block 'Unconstitutional' Order
Susman Godfrey LLP on Monday asked a D.C. federal judge to immediately restrain the federal government from enforcing President Donald Trump's "unconstitutional" executive order revoking the firm's access to government resources, saying the directive is blatant retaliation for the firm's representation of clients and causes the president doesn't like.
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April 14, 2025
Earthquake Briefly Interrupts Judge's Retrial In Wife's Killing
The retrial for an Orange County judge who is accused of drunkenly shooting his wife to death in their home after an argument took a dramatic turn Monday morning when a 5.2-magnitude earthquake struck Southern California, shaking the courtroom and abruptly interrupting opening statements from the judge's attorney.
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April 14, 2025
Linking Friends No Longer Meta's Focus, Zuckerberg Says
Meta Platforms CEO Mark Zuckerberg testified Monday that the social media giant is no longer solely focused on connecting friends and family, arguing on the first day of the Federal Trade Commission's monopolization trial that the company has broader focus and faces more competition than the FTC claims.
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April 14, 2025
Senate Dems Seek Briefing On Threats To Federal Judges
Democrats on the Senate Judiciary Committee announced Monday that they're asking the U.S. Marshals Service for a briefing on threats against federal judges.
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April 14, 2025
Quinn Emanuel, King & Spalding Rep Harvard In Trump Letter
Harvard University on Monday turned to a pair of high-powered lawyers from Quinn Emanuel Urquhart & Sullivan LLP and King & Spalding LLP as the school pushed back on the Trump administration's policy demands linked to nearly $9 billion in federal funding — a move that prompted the government to freeze more than $2 billion in grants for the school.
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April 14, 2025
Conservative Lawyers Seek Ethics Probe Of DC US Attorney
A group of conservative lawyers and former prosecutors on Monday called for an attorney ethics investigation into President Donald Trump's nominee to be Washington, D.C.'s top federal prosecutor, saying the attorney has shown a "fundamental misunderstanding" of the role.
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April 14, 2025
FTC Joins DOJ In Targeting Anticompetitive Regulations
The Federal Trade Commission launched a public inquiry Monday to look into reducing regulations that are hindering competition, following a similar move by the U.S. Department of Justice last month.
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April 14, 2025
Ex-GC's Retaliation Claim Survives Early Exit Bid In ADA Case
A North Carolina federal judge has ruled that a former associate general counsel at a historically Black college in North Carolina can pursue a retaliation claim, but not a discrimination claim, in her Americans with Disabilities Act suit alleging she was fired after seeking accommodation for her disability.
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April 14, 2025
NY Judge Chided For Tossing Kid's Friend's Traffic Ticket
A Westchester County, New York, judge who threw her title around while handling her daughter's traffic ticket in a neighboring town, and later tossed a different traffic ticket for her daughter's friend, has been hit with a public admonishment, the state's judicial watchdog announced Monday.
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April 14, 2025
McElroy Deutsch Settles Theft Suit Against Former Execs
McElroy Deutsch Mulvaney & Carpenter LLP has reached a settlement with two former executives who the firm accused of stealing millions through fraudulent bonuses and credit card use, capping off nearly two years of hard-fought litigation.
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April 14, 2025
CFPB's Vought Looks To Roll Back 'Weaponized' Guidance
Acting Consumer Financial Protection Bureau Director Russell Vought has called for a crackdown on so-called regulation through guidance at the agency, launching a sweeping review that could cull bulletins, circulars and other advisory materials dating back years.
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April 11, 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.
Expert Analysis
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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.
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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.