Courts

  • High Court Doubts States Can Police Federal Rights Claims

    The U.S. Supreme Court seemed poised Monday to strike down an Alabama law requiring litigants to exhaust state administrative remedies before they file claims in state court accusing local officials of violating federal rights, with several justices suggesting the court already answered that question almost 40 years ago.

  • New Bill Would Enact 'Commonsense' Litigation Disclosures

    A top Republican on the House Judiciary Committee announced Monday he introduced legislation to require the disclosure of parties receiving payments in civil lawsuits, a phenomenon known as "third-party litigation financing," in order to prevent abuses in the legal system.

  • 5 Decisions To Know By Outgoing Mass. Chief Judge

    Chief Massachusetts U.S. District Judge F. Dennis Saylor IV, who announced Monday that he will step back from full-time judicial service next summer, has presided over numerous significant cases in recent years, including a dispute over the U.S. Securities and Exchange Commission's disgorgement powers and a birth defects suit against GlaxoSmithKline.

  • Sparring With Adams, Feds Shadowbox The Supreme Court

    The corruption case against New York City Mayor Eric Adams may be the next front in an ongoing clash between federal prosecutors' desire to police official misconduct and a line of U.S. Supreme Court cases holding that alleged graft does not always amount to a federal crime.

  • Court Punts Case Over Trump's 'Eating The Dogs' Comments

    An Ohio county prosecutor is better suited than a court to decide if criminal charges are warranted against Donald Trump and vice presidential candidate JD Vance for allegedly fueling harassment, including bomb threats, against Haitian migrants, an Ohio court has ruled.

  • Feds Seek Tape, Allege Witness Tampering In WeWork Case

    Prosecutors asked Sunday to subpoena a recording of an incident in which they say a former investment firm CEO who is accused of making a fraudulent offer for WeWork shares had improper contact with a witness expected to testify at the ex-CEO's upcoming trial.

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    Holland & Knight Adds Former US Attorney In Nashville

    Holland & Knight LLP announced Monday that a former U.S. attorney for the Middle District of Tennessee has come aboard in Nashville, Tennessee, as a partner, boosting the firm's healthcare regulatory and enforcement practice.

  • Marc Agnifilo and Teny Geragos

    Meet The Defense Duo Going To Bat For Diddy In RICO Case

    Teny Geragos and Marc Agnifilo were already known for winning acquittals for high-profile, and frequently loathed, defendants before launching their own criminal defense boutique in March, but their biggest challenge might be ahead of them as they gear up to represent Sean “Diddy” Combs in a likely explosive criminal trial.

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    9th Circ. Nixes Judicial Complaint Over Atty 'Disbar' Threat

    The Ninth Circuit has rejected a judicial misconduct complaint against a judge who allegedly suggested that he could "disbar" a lawyer.

  • Mich. Says Local Courts' ADA Compliance Is Not Its Job

    A proposed class of disabled attorneys lacks standing to pursue civil rights claims against Michigan alleging courthouses were inaccessible, the state has told a federal judge, arguing it is not responsible for local facilities and is otherwise protected by sovereign immunity under state disability laws.

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    DOJ Fraud Assistant Chief Joins McGovern Weems In DC

    An official in the U.S. Department of Justice's Fraud Section has left to join McGovern Weems LLC after a decade with the federal agency, bringing extensive trial experience to the white collar firm.

  • Ga. Asks Justices To Ignore Meadows' Election Removal Bid

    Georgia county prosecutors fought a bid by former White House Chief of Staff Mark Meadows to move his election interference case into federal court, telling the U.S. Supreme Court that the legal issues at play require more "percolation" before they are ripe for review.

  • Massachusetts' Chief Federal Judge To Take Senior Status

    U.S. District Judge F. Dennis Saylor IV of Massachusetts has notified President Joe Biden he will take senior status on July 31, 2025, the court announced Monday.

  • Ga. Judge Faces Ethics Charges Over Yearslong Case Delays

    A Georgia probate court judge faces multiple ethics charges for supposedly delaying a series of cases, the most severe of which has sat open for more than seven years.

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    Defiant Philly Judge Gets Suspended For Political Posts

    A Pennsylvania judge who flouted conduct rules by making political posts was suspended without pay Monday, a matter the state's judicial ethics court called historic because of the jurist's repeated defiance of warnings.

  • Justices Won't Review Judge's Non-Recusal In Al-Qaida Case

    The U.S. Supreme Court on Monday refused to probe whether a D.C. Circuit judge, previously a government attorney, should have recused himself from a former al-Qaida member's appeal of a life sentence for terrorism and war crimes.

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    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • Atty Who Defied License Ban Asks Court To Rethink Jail Time

    A disbarred attorney asked the Florida Supreme Court on Friday to reconsider its decision to send him to jail for 60 days for allegedly repeatedly practicing law without a license, including continuing to market himself as a licensed attorney.

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    Election Litigation Looms Over New Supreme Court Term

    The U.S. Supreme Court justices return to the bench Monday for a new term, even as the dust continues to settle from the shifts in administrative law and foundational changes to presidential immunity that headlined their last sitting. But experts say any hope that this term may be calmer is wishful thinking, in large part due to all-but-certain litigation over the presidential election.

  • Retired Judge Says Unpaid Services Suit's Claims 'Untimely'

    Retired U.S. Circuit Judge Richard A. Posner asked an Indiana federal court on Friday to grant him a summary judgment win in litigation alleging he stiffed a man out of a six-figure salary after hiring him to run a now-defunct pro bono legal services organization, saying the suit's claims are "untimely."

  • Oversight Dems Probe Chief Justice On Jan. 6 Case Handling

    Two House Democrats on the oversight committee questioned U.S. Supreme Court Chief Justice John Roberts Friday on recent reporting he replaced Justice Samuel Alito as the author of a decision on a Jan. 6 case after the public learned the latter justice's wife flew flags at their homes with ties to the "Stop the Steal" movement.

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    High Court Bar's Future: Jenner & Block's Adam Unikowsky

    In many ways, Adam G. Unikowsky of Jenner & Block LLP has traveled a tried-and-true path — Harvard, elite clerkships, BigLaw — to the upper echelons of U.S. Supreme Court advocacy. But his route to the forefront of the bar's next generation has been less conventional than it might appear, and he spoke with Law360 about how he's climbed so high — and how he excels by avoiding rhetoric that "judges really, really hate."

  • Up First At High Court: Civil Rights, Ghost Guns, Atty Fees

    The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.

  • A Month Into Texas Biz Court, Removal Questions Loom

    One month into the Texas Business Court's operations, the largest looming question is how judges across the state will handle removals of preexisting cases into the Lone Star State's newest venue, experts told Law360.

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    Why There's No Mistrial Yet In 'Messed Up' Young Thug Case

    Legal experts told Law360 that concerns about sunk cost and the possibility of defendants claiming double jeopardy may be the reasons why Young Thug's long and troubled racketeering trial has continued in Georgia despite more than 40 mistrial motions filed by defendants arguing prosecutorial misconduct and judicial bias.

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Expert Analysis

  • Embrace Active Voice In Legal Writing — In Most Cases Author Photo

    Legal writers should strive to craft sentences in the active voice to promote brevity and avoid ambiguities that can spark litigation, but writing in the passive voice is sometimes appropriate — when it's a moral choice and not a grammatical failure, says Diana Simon at the University of Arizona's James E. Rogers College of Law.

  • Series

    Ask A Mentor: How Can I Help Associates Turn Down Work? Author Photo

    Marina Portnova at Lowenstein Sandler discusses what partners can do to aid their associates in setting work-life boundaries, especially around after-hours assignment availability.

  • How AI Legal Research Tools Are Shifting Law Firm Processes Author Photo

    Although artificial intelligence-powered legal research is ushering in a new era of legal practice that augments human expertise with data-driven insights, it is not without challenges involving privacy, ethics and more, so legal professionals should take steps to ensure AI becomes a reliable partner rather than a source of disruption, says Marly Broudie at SocialEyes Communications.

  • Data Source Proliferation Is A Growing E-Discovery Challenge Author Photo

    With the increased usage of collaboration apps and generative artificial intelligence solutions, it's not only important for e-discovery teams to be able to account for hundreds of existing data types today, but they should also be able to add support for new data types quickly — even on the fly if needed, says Oliver Silva at Casepoint.

  • Bracing For A Generative AI Revolution In Law Author Photo

    With many legal professionals starting to explore practical uses of generative artificial intelligence in areas such as research, discovery and legal document development, the fundamental principle of human oversight cannot be underscored enough for it to be successful, say Ty Dedmon at Bradley Arant and Paige Hunt at Lighthouse.

  • Why I Use ChatGPT To Tell Me Things I Already Know Author Photo

    The legal profession is among the most hesitant to adopt ChatGPT because of its proclivity to provide false information as if it were true, but in a wide variety of situations, lawyers can still be aided by information that is only in the right ballpark, says Robert Plotkin at Blueshift IP.

  • Series

    Ask A Mentor: How Can I Use Social Media Responsibly? Author Photo

    Leah Kelman at Herrick Feinstein discusses the importance of reasoned judgment and thoughtful process when it comes to newly admitted attorneys' social media use.

  • Yada, Yada, Yada: The Magic Of 3 In Legal Writing Author Photo

    Attorneys should take a cue from U.S. Supreme Court justices and boil their arguments down to three points in their legal briefs and oral advocacy, as the number three is significant in the way we process information, says Diana Simon at University of Arizona.

  • How Firms Can Stop Playing Whack-A-Mole With Data Security Author Photo

    In order to achieve a robust client data protection posture, law firms should focus on adopting a risk-based approach to security, which can be done by assessing gaps, using that data to gain leadership buy-in for the needed changes, and adopting a dynamic and layered approach, says John Smith at Conversant Group.

  • 5 Life Lessons From Making Partner As A Solo Parent Author Photo

    Laranda Walker at Susman Godfrey, who was raising two small children and working her way to partner when she suddenly lost her husband, shares what fighting to keep her career on track taught her about accepting help, balancing work and family, and discovering new reserves of inner strength.

  • Series

    Ask A Mentor: How Can I Turn Deferral To My Advantage? Author Photo

    Diana Leiden at Winston & Strawn discusses how first-year associates whose law firm start dates have been deferred can use the downtime to hone their skills, help their communities, and focus on returning to BigLaw with valuable contacts and out-of-the-box insights.

  • Resume Gaps Are No Longer Kryptonite To Your Legal Career Author Photo

    Female attorneys and others who pause their careers for a few years will find that gaps in work history are increasingly acceptable among legal employers, meaning with some networking, retraining and a few other strategies, lawyers can successfully reenter the workforce, says Jill Backer at Ave Maria School of Law.

  • Law Firm Guardrails For Responsible Generative AI Use Author Photo

    ChatGPT and other generative artificial intelligence tools pose significant risks to the integrity of legal work, but the key for law firms is not to ban these tools, but to implement them responsibly and with appropriate safeguards, say Natalie Pierce and Stephanie Goutos at Gunderson Dettmer.

  • Opinion

    We Must Continue DEI Efforts Despite High Court Headwinds Author Photo

    Though the U.S. Supreme Court recently struck down affirmative action in higher education, law firms and their clients must keep up the legal industry’s recent momentum advancing diversity, equity and inclusion in the profession in order to help achieve a just and prosperous society for all, says Angela Winfield at the Law School Admission Council.

  • Law Firms Cannot Ignore Attorneys' Personal Cybersecurity Author Photo

    Law firms that fail to consider their attorneys' online habits away from work are not using their best efforts to protect client information and are simplifying the job of plaintiffs attorneys in the case of a breach, say Mark Hurley and Carmine Cicalese at Digital Privacy and Protection.

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