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Business of Law
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October 23, 2025
Derailment Counsel Fee Provision 'Troubles' 6th Circ. Judge
A three-judge Sixth Circuit panel on Thursday seemed skeptical that counsel representing victims of the fiery 2023 train derailment in East Palestine, Ohio, was blindsided by a "quick-pay" provision in the attorney fee agreement that saw class lawyers get paid before their clients.
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October 23, 2025
McGuireWoods Asks NC Justices To Stay Defamation Case
McGuireWoods LLP and a former partner are asking North Carolina's highest court to halt a defamation case over statements made in connection with an investigation into the former CEO of a managed care organization, saying they risk permanently losing their immunity defense if the suit is allowed to move forward.
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October 23, 2025
Squire Patton Boggs Partner Confirmed To Kentucky Bench
The Senate voted 48-45, along party lines, on Thursday to confirm former Kentucky Solicitor General and Squire Patton Boggs LLP partner Chad Meredith to the Eastern District of Kentucky.
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October 23, 2025
Judges Admit AI Missteps After Grassley's Oversight Push
Federal judges in New Jersey and Mississippi admitted their staff used artificial intelligence in faulty orders they had to redo over the summer, according to correspondence released Thursday by Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, who is investigating the matter.
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October 22, 2025
5th Circ. Judge Oldham Repudiates 'Holy Rule' For Precedents
The Fifth Circuit's bedrock principle of strictly following even the most "extreme outlier judgments" of circuit panels is "deeply inconsistent with the federal judicial function," U.S. Circuit Judge Andrew S. Oldham said Wednesday night at a high-profile Heritage Foundation event.
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October 22, 2025
Baker McKenzie Partner Hired Security In Dispute With Ex-Atty
The managing partner of Baker McKenzie's Washington, D.C., office told a Maryland state judge Wednesday that he has had to employ a protective detail because of harassment and threats from a former firm associate who he says falsely accused him of sexual assault.
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October 22, 2025
Gilstrap, Albright Flouting Venue Law, Fed. Circ. Told
The Federal Circuit is being asked to step in and decide if two well-known Texas federal judges, U.S. District Judges Rodney Gilstrap and Alan Albright, have been flouting patent venue law by refusing to transfer out infringement cases if any step of the patented method was performed in their section of the Lone Star State.
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October 22, 2025
Holland & Hart Partner Confirmed To Montana Seat
The U.S. Senate voted 52-45, along party lines, Wednesday evening on the confirmation of William Mercer, a Holland & Hart LLP partner and veteran government attorney, to the District of Montana.
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October 22, 2025
Farmers' Ohio Deal Is Latest Amid Banking M&A Surge
Farmers National Banc Corp. said Wednesday it has agreed to purchase Middlefield Banc Corp. for $299 million, amid a record-breaking run for banking deals that experts tell Law360 is being fueled by more favorable regulatory dynamics and years of pent-up demand.
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October 22, 2025
The Law360 Pulse Prestige Leaders: A Look At The Top Firms
Clients flock to firms with prestigious reputations, and so does top talent. Here's a peek at the top 10 firms in this year's Law360 Pulse Prestige Leaders — a ranking of law firms the industry recognizes for their prominence, power and distinction.
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October 22, 2025
Squires Confirms USPTO Has Funds To Last The Year
The U.S. Patent and Trademark Office has enough funds to last through the year in the event that the government shutdown continues, Director John Squires told agency personnel on Wednesday.
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October 22, 2025
Tax Court Judge Warns Against Unchecked AI Use In Filings
A U.S. Tax Court judge cautioned attorneys Wednesday against relying on artificial intelligence to write filings without verifying the information it generates, saying recent "unfortunate incidents" have prompted the court to double down on accuracy in using such tools.
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October 22, 2025
Presidential Firing Limits Fight Builds At High Court
The ousted U.S. Merit Systems Protection Board chair has encouraged the U.S. Supreme Court to include a caveat for "legislative courts" if it overturns precedent that empowers Congress to limit the president's authority to fire certain agency officials, but opponents of independent agencies want a clean break from the status quo.
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October 22, 2025
Racial, Class Gaps Persist In Strong Year For Law Grad Hiring
Employment for the class of 2024 reached near-record levels, but graduates from underrepresented backgrounds were less likely to secure attorney positions or judicial clerkships, according to newly released data from the National Association for Law Placement.
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October 22, 2025
Former Jack Smith DOJ Leaders Launch DC Boutique
Two attorneys who supported former special counsel Jack Smith in his criminal prosecutions of Donald Trump have now launched a boutique law firm that will specialize in services such as criminal defense and helping state and local governments handle public corruption investigations.
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October 22, 2025
Ex-NY AGs Say James Case Will Rally Office: 'Fuel To The Fire'
New York Attorney General Letitia James' criminal prosecution is unlikely to have any significant effect on the day-to-day operations of her office, including its suits against the federal government and an appeal in President Donald Trump's nearly $500 million civil fraud case, but former leaders of the office say it could strengthen the resolve of her staff.
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October 22, 2025
Kirkland Partner, Ex-Sen. Cornyn Counsel Tapped For US Atty
A Dallas-based Kirkland & Ellis LLP litigation partner who previously served as U.S. Sen. John Cornyn's chief counsel has been nominated as U.S. attorney for the Northern District of Texas.
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October 22, 2025
La. Justice Faces Questions On Campaigns At Nom Hearing
Two nominees for Louisiana federal court positions appeared before the U.S. Senate Judiciary Committee on Wednesday, including a state Supreme Court justice who faced Democratic questions about the election process for his current role.
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October 21, 2025
Trump Special Counsel Pick Backs Out Over Lack Of Support
President Donald Trump's pick to lead the U.S. Office of Special Counsel, the independent agency tasked with safeguarding federal employees, on Tuesday announced he was withdrawing his nomination over a lack of Republican support, following a news report that he sent a series of racist text messages.
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October 21, 2025
Patent Landscape Shifts As Squires Takes On Key PTAB Role
The announcement that U.S. Patent and Trademark Office Director John Squires will now make all decisions on whether to institute America Invents Act patent reviews is expected to reshape litigation, by leading fewer accused companies to file challenges, attorneys say.
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October 21, 2025
Trump Defends $10B WSJ Suit, Calling Epstein Letter A 'Fake'
President Donald Trump is defending his $10 billion defamation suit against The Wall Street Journal over an article reporting that he sent a "bawdy" birthday letter to late sex offender Jeffrey Epstein, telling a Florida federal judge the newspaper tried to "characterize the fake, salacious letter as correspondence among ordinary friends."
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October 21, 2025
Baker McKenzie Can't Get Illinois Malpractice Suit Tossed
An Illinois state judge has refused to dismiss a private equity firm's malpractice suit accusing Baker McKenzie of botching a client's bid to reacquire a Russian coal mine, saying the plaintiffs have sufficiently pled claims sustainable under both Illinois and Russian law at this stage of the case.
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October 21, 2025
NY Courts Can't Shield Memos To State Judges
The New York State Office of Court Administration may have to finally turn over a batch of "secret memos" that instruct state judges on how to interpret the law, the state's highest court ruled Tuesday.
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October 21, 2025
Colo. Federal Courts Halt Atty Discipline For Shutdown
The U.S. District Court for the District of Colorado has suspended all attorney discipline investigations in light of the government shutdown.
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October 21, 2025
Fla. Investor Sues NY Atty Over Litigation Funding 'Scheme'
A New York lawyer is facing state court claims alleging he scammed a Florida investor out of more than $2.5 million by "effectively running a Ponzi scheme" under the guise of a litigation finance investment.
Expert Analysis
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.