Business of Law

  • July 23, 2024

    11th Circ. Should Uphold Tax Court Protection, IRS Says

    The Eleventh Circuit should uphold a U.S. Tax Court ruling that denied a widow tax relief and also rejected her claim that Tax Court judges have unconstitutional job protection, the Internal Revenue Service told the circuit court.

  • July 23, 2024

    Northern District Of NY Judge To Take Senior Status

    U.S. District Judge Glenn Suddaby of the Northern District of New York will take senior status as of Sept. 1.

  • July 23, 2024

    Polsinelli Eyes Expansion Into Philly With 20-Plus New Attys

    National law firm Polsinelli PC announced Tuesday it planned to expand its footprint into Philadelphia by opening a new office in the city with more than 20 shareholders.

  • July 23, 2024

    Secret Service Chief Out Amid Trump Rally Shooting Probes

    U.S. Secret Service Director Kimberly A. Cheatle resigned Tuesday, the day after lawmakers at a contentious congressional hearing demanded she step down following her agency's failure to stop the July 13 assassination attempt on former President Donald Trump in Pennsylvania.

  • July 22, 2024

    What Attorneys Need To Know About JD Vance

    Vice presidential nominee JD Vance's brief legislative record shows he is aligned with his fellow Republicans on hot-button issues like abortion and immigration, but it also indicates that the senator from Ohio may be willing to break with the GOP mainstream when it comes to regulating big business. Here's what attorneys should know about the vice presidential candidate.

  • July 22, 2024

    Secret Service Ripped By Lawmakers For Trump Rally 'Failure'

    U.S. Secret Service Director Kimberly Cheatle on Monday acknowledged a security failure during a July 13 campaign rally that ended in an assassination attempt on former President Donald Trump, as she was battered with resignation calls from a bipartisan group of lawmakers frustrated by her evasiveness during the investigation.

  • July 22, 2024

    Judge Limits Girardi Clients' Injury Details In Upcoming Trial

    Jurors in former celebrity lawyer Tom Girardi's upcoming fraud trial will be spared detailed testimony about the severe injuries that drove his alleged victims to hire his law firm, a Los Angeles federal judge has ruled, saying the former clients' injuries are a key part of their stories, but graphic details are not necessary.

  • July 22, 2024

    Litigation Funder Sues Wyoming Co. With Same Name

    Litigation funding company Parabellum Capital LLC has filed a trademark lawsuit in Colorado federal court against a Wyoming company called Parabellum Capital Inc., but the Wyoming company appears to be backing down.

  • July 22, 2024

    Former Judge On Trump Assassination Attempt Panel

    A former federal judge who previously sat on an oversight panel for the Secret Service was among those the U.S. Department of Homeland Security announced on Sunday would conduct an independent review of the July 13 assassination attempt on former President Donald Trump.

  • July 22, 2024

    After Kindred Case, Questions Linger About Clerk Safeguards

    When Alaska federal Judge Joshua Kindred resigned, it was the culmination of an 18-month inquiry into a hostile and inappropriate work environment he'd fostered in chambers. During that investigation, it seems he continued to supervise law clerks. Experts say that may signal a gap in protections for clerks.

  • July 22, 2024

    LA Superior Court Closed Monday Due To Ransomware Attack

    The Superior Court of Los Angeles County was forced to close Monday as the court continued to work to repair and reboot network systems that were severely impacted by a ransomware attack that occurred on the same day as an unrelated global tech outage.

  • July 19, 2024

    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.

  • July 19, 2024

    Kavanaugh Murder-Attempt Suspect Set To Face Trial

    A man charged with attempting to kill U.S. Supreme Court Justice Brett Kavanaugh has failed to reach a plea deal after nearly two years of negotiations, setting his case up for trial in Maryland federal court, federal prosecutors said Friday.

  • July 19, 2024

    Calif. Bar Backs Creating New Virtual Bar Exam To Cut Costs

    The State Bar of California's Board of Trustees has signed off on plans to negotiate a potentially $8 million, five-year deal with Kaplan North America LLC to replace the Multistate Bar Exam with its own state exam that could be taken remotely, according to a statement issued Friday.

  • July 19, 2024

    Class Seeks $1.5B Settlement In Payday Loan Dispute

    A class of borrowers has urged a Virginia federal court to approve what would be the largest settlement ever obtained in a challenge to participants in the tribal lending industry, arguing that the agreement would give significant relief to hundreds of thousands in the form of debt cancellations and cash payments.

  • July 19, 2024

    Colo. Federal Judges Point Out Recent High Turnover

    Colorado's chief federal judge on Friday observed "there has been a lot of turnover" on the bench in the district over the past several years, noting five out of the seven active district court judges were nominated by President Joe Biden. 

  • July 19, 2024

    'Texit' Atty Sues State Rep., Judge Over Defamation Fees

    A civil rights attorney who has represented the group behind the "Texit" movement filed a lawsuit against a state representative and court officials in a North Texas county, accusing the group of colluding to run up attorney fees against him in a defamation case connected to the pro-Texas-secession group.

  • July 19, 2024

    Law Profs Throw Flag On NFL's 'Unconscionable' Arbitration

    Allowing the NFL's arbitration system, with commissioner Roger Goodell as the arbitrator, to prevail in Brian Flores' discrimination dispute with the league is "unconscionable" and "egregious," a dozen law professors have told the Second Circuit in an amicus brief supporting the former Miami Dolphins head coach.

  • July 19, 2024

    NYC Bar OKs Attys' Financial Stakes In Alternative Biz Entities

    A new ethics committee report says a New York City lawyer may hold a financial interest in alternative business structures in jurisdictions that let them provide legal services, provided the lawyer is merely a financial investor, not practicing law through the entity.

  • July 19, 2024

    DOJ Seeks Probe Of Ex-Fed. Judge After 9th Circ. Report

    The U.S. Department of Justice has asked its internal watchdog to look into allegations made by the Ninth Circuit that now-resigned Alaska federal Judge Joshua Kindred had inappropriate relationships with several attorneys and created a hostile work environment, the DOJ confirmed to Law360 Friday.

  • July 19, 2024

    Judge Recuses As Tech Firm Slams Dow Chemical's Request

    An Ohio federal judge has recused himself from a trade secrets case brought against Dow Chemical Co. after the technology firm that sued it showed the court a settlement offer without approval that would grant Dow Chemical's recusal motion, which the tech firm said was a "cavalier approach to a drastic remedy."

  • July 19, 2024

    Calif. Firm Beats Rival's Claims In 'Sweet Justice' TM Fight

    A California federal court on Thursday nixed a personal injury firm's countersuit against its rival in a battle over the trademark use of the term "Sweet Justice," ruling that the firm's counterclaims are a "mirror-image" of the underlying suit.

  • July 19, 2024

    2nd Circ. Upholds Ax Of Ex-Ropes & Gray Clerk's Bar Exam Suit

    A former Ropes & Gray LLP attorney who was fired after twice failing the New York bar exam can't sue the state agency that administers the test for failing to accommodate her disabilities, the Second Circuit ruled Friday, finding the agency is protected by sovereign immunity.

  • July 19, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A kidney care company has asked a federal judge to throw out a former in-house counsel's lawsuit that claims she was fired for raising concerns about violations of federal anti-kickback statutes, and a study showed the world's most extensive public country-by-country tax reporting rules would require 51% of large U.S. multinational corporations to disclose tax arrangements. These are among the stories in corporate legal news you may have missed in the past week.

  • July 19, 2024

    Several State Courts Impacted By Global Tech Outage

    Several state courts have been impacted by a global Microsoft Windows outage Friday morning causing operational challenges and courthouse closures.

Expert Analysis

  • Series

    After Chevron: Bid Protest Litigation Will Hold Steady For Now

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    Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Series

    After Chevron: Piercing FEMA Authority Is Not Insurmountable

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    While the Federal Emergency Management Agency's discretionary authority continues to provide significant protection from claims under the Administrative Procedure Act, Loper Bright is a blow to the argument that Congress gave FEMA unfettered discretion to administer its own programs, says Wendy Huff Ellard at Baker Donelson.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Series

    After Chevron: A Sea Change For Maritime Sector

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    The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.

  • Opinion

    Post-Chevron, Good Riddance To The Sentencing Guidelines

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    The U.S. Supreme Court’s overturning of the Chevron doctrine may signal the end of the U.S. sentencing guidelines, which is good news given that they have accomplished the opposite of Congress’ original intent to bring certainty, proportionality and uniformity to sentencing, say attorneys Mark Allenbaugh, Doug Passon and Alan Ellis.

  • Series

    After Chevron: Impact On CFPB May Be Limited

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    The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo is likely to have a limited impact on the Consumer Financial Protection Bureau's regulatory activities, and for those who value due process, consistency and predictability in consumer financial services regulation, this may be a good thing, says John Coleman at Orrick.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Series

    After Chevron: 7 FERC Takeaways From Loper Bright

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    Following the U.S. Supreme Court's overturning of the Chevron doctrine, it's likely that the majority of the Federal Energy Regulatory Commission's orders will not be affected, but the commission has nonetheless lost an important fallback argument and will have to approach rulemaking more cautiously, says Norman Bay at Willkie Farr.

  • Series

    After Chevron: USDA Rules May Be Up In The Air

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    The Supreme Court's end of Chevron deference may cause more lawsuits against U.S. Department of Agriculture regulations, like the one redefining "unfair trade practices" under the Packers and Stockyards Act, or a new policy classifying salmonella as an adulterant in certain poultry products, says Bob Hibbert at Wiley.

  • Series

    After Chevron: Creating New Hurdles For ESG Rulemaking

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    The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Series

    After Chevron: Rethinking Agency Deference In IP Cases

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    The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

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