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Courts
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Justices Say State Med Mal Laws Don't Apply In Federal Court
The U.S. Supreme Court on Tuesday ruled that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, saying the state law unfairly asks for evidence early on in a case.
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Supreme Court Rules Mandatory Restitution Is Punitive
The U.S. Supreme Court held in a unanimous opinion Tuesday that restitution is a criminal punishment subject to the Constitution's ban on increasing punishment retroactively.
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Justices Ax 6th Circ. Abortion Order Amid Loper Bright Outcry
The U.S. Supreme Court on Tuesday erased a Sixth Circuit decision allowing abortion-related conditions on family planning grants, a victory for Tennessee officials who accused the circuit of flouting the high court's landmark rejection of judicial deference to regulators.
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Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2025, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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4th Circ. Won't Rethink Toss Of Prosecutor's Fraud Conviction
The Fourth Circuit won't revisit a split decision tossing a mortgage fraud conviction brought against former State's Attorney of Baltimore Marilyn Mosby, despite the government's claims the ruling hinged on a decades old ruling that has been criticized as a "relic."
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Kirkland, Ex-Judge Hit With Class Action Over Texas Romance
An investment firm is suing Kirkland & Ellis LLP, an ex-judge, two other law firms and a lawyer for allegedly fomenting "mass corruption" in Houston's bankruptcy court and colluding to enrich themselves by controlling the outcome of large Chapter 11 cases.
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Judge Says Okla. DAs Must Face Tribal Jurisdiction Lawsuits
Two Oklahoma district attorneys can't escape lawsuits that look to block them from prosecuting tribal citizens for crimes committed in Indian Country, a federal district court judge determined, saying arguments that the Indigenous nations have not suffered an injury are meritless.
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In First Year, Trump Lost Most Cases But Often Won Appeals
In the first year of President Donald Trump's second term, his administration lost in court nearly twice as often as it won, but its success rate increased when it appealed, according to a Law360 review of more than 400 lawsuits.
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Judicial Candidate Nixed From Ballot Over Text To Rival
A Texas judge ruled a candidate for a state judicial seat in Houston ineligible for the March primary election, finding the candidate violated the state's Election Code by trying to coerce her opponent into withdrawing from the race.
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Maurene Comey Fights DOJ Bid To Toss Firing Suit
Former Manhattan federal prosecutor Maurene Comey has urged a New York federal court to reject the U.S. Department of Justice's bid to dismiss her firing suit, arguing her claims belong before the district court and not under the jurisdiction of a non-independent board now controlled by the president.
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The Supreme Court's Week: By The Numbers
The U.S. Supreme Court heard arguments in four cases this week, including two highly anticipated ones over states' efforts to stop transgender girls from playing in girls’ sports, while also issuing three opinions, finding in one that political candidates can challenge election laws. Here, Law360 Pulse takes a data-driven dive into the week that was at the high court.
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GrayRobinson Brings On Former Assistant US Atty In Florida
GrayRobinson PA has bolstered its ranks in Orlando, Florida, with the addition of a former assistant U.S. attorney as a shareholder.
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Voir Dire: Law360 Pulse's Weekly Quiz
The legal industry had another action-packed week with more lateral moves, leadership changes and C-suite promotions. Test your legal news savvy here with Law360 Pulse's weekly quiz.
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Watchdog Urges Blanche To Exit Trump Records Role
A watchdog organization is calling on Deputy Attorney General Todd Blanche to step aside as President Donald Trump's proxy for records from his first term as they become available next week, saying he has a conflict of interest.
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Retired Federal Judge Joins JAMS In Philadelphia
Alternative dispute resolution provider JAMS has added to its ranks in the Philadelphia office a former U.S. magistrate judge who moved his practice after four years with Montgomery McCracken Walker & Rhoads LLP.
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Law Grad's Malpractice Claims Are Time-Barred, Atty Says
A Vanderbilt Law School graduate who said that as a teenager his lawyer bungled his criminal defense by convincing him to plead guilty to a crime he did not commit cannot pursue legal malpractice claims, according to a Connecticut lawyer, who told the federal court the suit was filed too late.
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Georgia Magistrate Judge Resigns Amid Ethics Investigation
The chief judge of the Telfair County Magistrate Court in Georgia has resigned as part of a deal to resolve ethics allegations concerning his purportedly ex parte communications and "extrajudicial activity" with litigants at a rental home he owns.
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Supreme Court Hacker Pleads Guilty To Misdemeanor Charge
A 24-year-old Tennessee man pled guilty Friday to a single misdemeanor charge for hacking into the U.S. Supreme Court's filing system and several other government networks, admitting that he "intentionally accessed a computer without authorization" on 25 different days in 2023.
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Dykema Adds Former Assistant US Attorney In Los Angeles
Dykema Gossett PLLC is growing its litigation team, bringing in a former assistant U.S. attorney as senior counsel in its Los Angeles office.
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As Goldstein Trial Begins, Gov't Points To 'Lavish' Lifestyle
An accountant for billionaire investor Alec Gores said that Thomas Goldstein had suggested he open a foreign account for Gores' poker-related transactions or even classify him as a professional player for tax purposes, although Gores was just getting started in the high-stakes poker world.
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Judiciary AI Rule Draws Fire As Judges Get Deepfakes Survey
Federal judiciary policymakers heard extensive concerns Thursday regarding high-profile plans to formally screen evidence generated with artificial intelligence, and they set the stage for more feedback by preparing an AI survey for every federal trial judge.
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Ga. Election Board Disputes $435K Cost For County Records
Georgia's State Election Board has challenged the estimated $435,000 that Fulton County's elections director said it would have to pay to obtain the county's 2020 presidential election records.
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Ex-Judge Sues Atlanta For Wrongful Arrest, Excessive Force
A former Douglas County Probate Judge has alleged that the City of Atlanta improperly trumped up a narrative that she committed violent felony crimes — although those charges were dismissed — after a city police officer wrongfully arrested her outside of a nightclub and used excessive force, including "slamm[ing] Plaintiff head-first to the ground."
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Calif. Justices Order Prosecutors To Explain Alleged AI Errors
The California Supreme Court has ordered Nevada County prosecutors to explain to a lower court why they shouldn't be sanctioned for "apparent serial submission" of artificial intelligence-generated briefs with nonexistent legal citations in multiple criminal proceedings.
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Trump US Atty Pick In NM Bumped To First Assistant
A New Mexico federal judge has ruled the Trump-appointed interim U.S. Attorney for New Mexico is not validly serving in the role but declined to disqualify the prosecutor from a slate of cases pending in the district, instead determining the lawyer may continue to work in the federal prosecutor's office as first assistant.
Expert Analysis
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Our Current Approach To Trial Advocacy Training Is Lacking
The key to trial advocacy is persuasion, but current training programs focus almost entirely on technique, making it imperative that lawyers are taught to be effective storytellers and to connect with their audiences, says Chris Arledge at Ellis George.
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How Women In Law Can Advance Toward Leadership Roles
Female attorneys in leadership roles inspire other women to pursue similar opportunities in a male-dominated field, and for those who aspire to lead, prioritizing collaboration, inclusivity and integrity is key, says Kim Yelkin at Foley & Lardner.
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The Case That Took Me From Prosecutor To Defense Attorney
Former Assistant U.S. Attorney Moira Penza, now at Wilkinson Stekloff, recalls the challenges of her first case as a civil defense attorney — a multibillion-dollar multidistrict class action against Allergan — and the lessons she learned about building rapport in the courtroom and with co-counsel.
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The Importance Of Legal Macroeconomics Education For Attys
Most legal professionals lack understanding of the macroeconomic trends unique to the legal industry, like the rising cost of law school and legal services, which contributes to an unfair and inaccessible justice system, so law school courses and continuing legal education requirements in this area are essential, says Bob Glaves at the Chicago Bar Foundation.
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Opinion
It's Time To Hold DC Judges Accountable For Misconduct
On the heels of Thursday's congressional hearing on workplace protections for judiciary employees, former law clerk Aliza Shatzman recounts her experience of harassment by a D.C. Superior Court judge — and argues that the proposed Judiciary Accountability Act, which would extend vital anti-discrimination protections to federal court employees, should also include D.C. courts.
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What ABA Student Well-Being Standards Mean For Law Firms
While the American Bar Association's recent amendments to its law school accreditation standards around student well-being could have gone further, legal industry employers have much to learn from the ABA's move and the well-being movement that continues to gain traction in law schools, says David Jaffe at the American University Washington College of Law.
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Series
Ask A Mentor: How Do I Build Rapport In New In-House Role?
Tim Parilla at LinkSquares explains how new in-house lawyers can start developing relationships with colleagues both within and outside their legal departments in order to expand their networks, build their brands and carve their paths to leadership positions.
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What Attys Should Consider Before Taking On Pro Bono Work
Excerpt from Practical Guidance
Piper Hoffman and Will Lowrey at Animal Outlook lay out suggestions for attorneys to maximize the value of their pro bono efforts, from crafting engagement letters to balancing workloads — and they explain how these principles can foster a more rewarding engagement for both lawyers and nonprofits.
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Opinion
NY Bar Admission Criminal History Query Is Unjust, Illegal
New York should revise Question 26 on its bar admission application, because requiring students to disclose any prior interaction with the criminal justice system disproportionately affects people of color, who have a history of being overpoliced — and it violates several state laws, says Andrew Brown, president of the New York State Bar Association.
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Roundup
Ask A Mentor
As the legal profession undergoes a dramatic period of change, experts answer questions on career and workplace conundrums in this Law360 guest article series.
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7 Ways Attys Can Improve Their LinkedIn Summaries
Lawyers can use LinkedIn to strengthen their thought leadership position, generate new business, explore career opportunities, and better position themselves and their firms in search results by writing a well-composed, optimized summary that demonstrates their knowledge and experience, says Guy Alvarez at Good2bSocial.
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How Law Firms And Attys Can Combat Imposter Syndrome
Imposter syndrome is rampant in the legal profession, especially among lawyers from underrepresented backgrounds, leading to missed opportunities and mental health issues — but firms can provide support in numerous ways, and attorneys can use therapeutic strategies to quiet their inner critic, says Helen Pamely at Rosling King.
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The Law Firm Qualities Partners Seek In Lateral Moves
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In 2022, partners considering lateral moves have new priorities, and firms that hope to recruit top talent will need to communicate their strategy for growth, engage on hot issues like origination credit and diversity initiatives, and tailor their integration plans toward expanding partners’ client base, says Gloria Sandrino at Lateral Link.
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Small Steps Can Help Employers Beat Attorney Burnout
Lawyers are experiencing burnout on a massive, unprecedented scale due to the pandemic, but law firms and institutional players can and should make a difference by focusing on small, practical solutions that protect their attorneys’ most precious personal resource and professional commodity — time, says Chad Sarchio, president of the District of Columbia Bar.
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The Evolving Role Of The Law Firm Legal Secretary
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Technological shifts during the pandemic and beyond should force firms to rethink how legal secretaries can not only better support timekeepers but also participate in elevating client service, bifurcating the role into an administrative support position and a more elevated practice support role, says Lauren Chung at HBR Consulting.