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Business of Law
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March 11, 2025
Trump's Special Counsel Firing Seems OK, DC Circ. Says
The president appears to have the power to remove the feds' internal unfair firing watchdog because he's the sole head of an agency with executive power, a D.C. Circuit panel said, explaining its decision last week to stay a trial court's reinstatement order.
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March 11, 2025
Ex-J&J Atty Says She Was Fired For Making Ethics Complaint
A former in-house data privacy attorney for Johnson & Johnson has sued the company for discrimination in New Jersey federal court, alleging that she was passed over for a promotion based on her Latina ethnicity and fired for reporting unethical behavior by the attorney who got the job.
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March 11, 2025
Goldstein Wants Look At Testimony On Alleged Obstruction
U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge to let him see grand jury material related to the government's claim that he offered to pay a potential witness cryptocurrency in his tax evasion case.
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March 11, 2025
Ex-Google AI Counsel Joins King & Spalding In San Francisco
King & Spalding LLP announced Tuesday that it has hired for its business litigation practice group a former Google in-house attorney who helped steer the tech giant's artificial intelligence regulatory strategy.
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March 11, 2025
1st Circ. Upholds Block On Trump's Birthright Citizenship Order
The First Circuit on Tuesday refused to disturb a Massachusetts federal judge's ruling that blocked the Trump administration's move to end birthright citizenship, rejecting the government's claim that states suing over the policy lacked standing.
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March 10, 2025
J. Crew Wins Confirmation Of Ex-GC's Arbitration Loss
A New York federal judge confirmed an arbitrator's ruling Monday that found J. Crew hadn't fired its former legal chief, Maria DiLorenzo, in retaliation for her complaints about colleagues' discriminatory comments about her hearing loss.
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March 10, 2025
Gaming Websites Can't Stop Law Firms' Arbitrations
A D.C. federal judge has nixed a lawsuit by two online "social casino" websites that accuse two law firms of filing meritless arbitration against them, finding that his court doesn't have jurisdiction over the firms.
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March 10, 2025
Del. Bar Panel OKs Corp. Law Bill To Curb Class Suits, Fees
A key panel of the Delaware's State Bar Association overwhelmingly approved on Monday a pending bill to put new constraints on corporate stockholder lawsuits, over objections that the measure will snuff out shareholder protections from conflicted boards and corporation controllers.
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March 10, 2025
GOP Sens. Escalate Fight With ABA Over 'Leftist' Statements
A group of Senate Republicans are once again going after the American Bar Association, which they claim has become a "leftist" organization, and announced Monday they will disregard ABA ratings on judicial nominees and encouraged the Trump administration and their colleagues to do the same.
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March 10, 2025
National Lawyers Guild Slams Trump's Perkins Coie Order
The Seattle Chapter of the National Lawyers Guild denounced President Donald Trump's recent executive order revoking Perkins Coie LLP's security clearances, saying on Monday the decision "exemplifies his complete disregard for the rule of law and his contempt for core American democratic values."
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March 10, 2025
Paul Hastings Adds Kirkland Atty As Global M&A Co-Chair
Paul Hastings LLP has hired a third global co-chair for its mergers and acquisitions practice who was one of the youngest M&A partners in the world to have announced well over $1 trillion in deals, the firm said Monday.
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March 10, 2025
SEC Leaves Meme Coin Fraud For Other Cops To Chase
The U.S. Securities and Exchange Commission staff's decision to say that so-called meme coins are beyond the agency's purview is a welcome change from past practices, experts say, but the devil is in the details when it comes to policing fraud and helping consumers recover when projects go bust.
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March 10, 2025
2 Firms Sued After Cyber Thief Steals $442K From Estate
Law firms SutterWilliams LLC and Allender & Allender PA were hit with a negligence and malpractice suit after a cybercriminal allegedly used spoofed email accounts to trick an attorney at the latter firm into handing over $442,600 from the sale of a late Pennsylvania sheriff's deputy's house in Florida.
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March 10, 2025
Hagens Berman Comms With Ghosting Client Kept Privileged
Hagens Berman Sobol Shapiro LLP doesn't have to turn over texts and emails with a client who disappeared from a putative class action against Apple and Amazon, a Washington federal judge has ruled, despite the tech giants' accusations that the firm lied about those communications.
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March 10, 2025
High Court Will Review Colo.'s Conversion Therapy Ban
The U.S. Supreme Court announced Monday that it will review a challenge to Colorado's ban on licensed therapists providing conversion therapy to transgender minors, in a case that asks whether the state's law is a permissible regulation of professional conduct or an unconstitutional restriction of speech.
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March 10, 2025
Paul Hastings Reelects Chair, Managing Partner To 2nd Terms
Paul Hastings LLP Chair Frank Lopez and Managing Partner Sherrese Smith have been reelected to their second three-year terms, the firm said Monday.
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March 10, 2025
Judge Who Shot Wife Gets Mistrial As Jury Hangs On Murder
A California judge declared a mistrial Monday in the murder trial of Orange County Superior Court Judge Jeffrey Ferguson, who shot and killed his wife in their Anaheim Hills home in 2023, after jurors said they remained at an impasse over whether he was guilty of second-degree murder.
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March 10, 2025
Clerks May Seek Political Jobs On 'Case-By-Case Basis'
Individual federal judges may determine whether their clerks may seek political posts while employed by the judiciary, the Judicial Conference of the United States' Committee on Codes of Conduct now recommends, months after issuing guidance advising clerks to hold off seeking such roles until their clerkships end.
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March 07, 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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March 07, 2025
Ex-Kirkland IP Atty Can't Fire Her Bias Suit Atty 'For Cause'
A former Kirkland & Ellis LLP intellectual property associate suing the firm over bias claims cannot fire her counsel at Filippatos PLLC over professional misconduct allegations, a California federal judge ruled Thursday while allowing Filippatos to withdraw as her counsel.
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March 07, 2025
Hints Of A New High Court Majority Emerge In Trump Cases
The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.
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March 07, 2025
For Many Biden Clemency Grantees, Freedom Is On Hold
Former President Joe Biden set records when he granted approximately 2,500 people clemency at the end of his term, but the process of getting out of prison for those people has not been so straightforward and two months later, a majority remain in custody.
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March 07, 2025
Trump DOJ's Shift Threatens To Upend Police Reform
As the Trump administration abandons consent decrees — court-ordered agreements designed to curb police misconduct — experts warn that a crucial mechanism for law enforcement accountability is disappearing.
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March 07, 2025
DOJ Cites SDNY Prosecutors' Texts In Bid To End Adams Case
President Donald Trump's Justice Department doubled down Friday on its bid to toss the corruption case against New York City Mayor Eric Adams, citing newly released internal correspondence showing "troubling conduct" by Southern District of New York prosecutors the agency criticized as "careerist" and insubordinate.
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March 07, 2025
'Exhausted' Jury To Deliberate 3rd Week In Judge Murder Trial
A California state jury was told to come back Monday for a third calendar week of deliberations over whether Orange County Superior Court Judge Jeffrey Ferguson intentionally shot his wife in 2023, after reporting that they were "exhausted" but had "further movement" toward a verdict.
Expert Analysis
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Opinion
Law Firm Reactions To Campus Protests May Chill DEI Efforts
Law firm decisions to rescind or withhold job offers based on candidates' pro-Palestine activism could negatively affect diversity, equity and inclusion efforts in the legal profession, compounding existing hiring and retention challenges, say Noor Shater at Penn Carey Law School, and Peter Farah and Jalal Shehadeh at the Palestinian American Bar Association.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.