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The Second Circuit suggested Tuesday that the government's $11 billion forfeiture order against Sam Bankman-Fried may be unconstitutionally large, noting that the staggering amount tops the raft of cases tasking the court with determining if such money judgments pass Eighth Amendment muster.
The U.S. Department of Justice on Monday took a swing at bids by former FBI Director James Comey and New York Attorney General Letitia James to get their indictments thrown out, telling a federal judge the appointment of interim U.S. Attorney Lindsey Halligan was valid.
It might seem curious for a solo practitioner to decline offers of professional assistance in his first U.S. Supreme Court case. It might seem risky to go it alone against a BigLaw team led by an appellate icon. But a legal lone ranger arguing Tuesday at the high court is feeling confident, and he does have a friend proofreading briefs, just to be safe.
The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.
The U.S. Supreme Court appeared hesitant on Monday to completely shelter U.S. military contractors engaged in combatant activities from liability for state-based injury claims, as the justices questioned whether doing so could hurt troops.
A Virginia federal judge has reminded the parties in the government's alleged bank fraud case against New York Attorney General Letitia James not to publicly discuss grand jury proceedings after U.S. Attorney Lindsey Halligan texted with a reporter about the case in October.
The Tenth Circuit on Monday held that the Equal Access to Justice Act authorizes fee awards in habeas actions challenging immigration detention, affirming a Colorado federal court's ruling that a Guatemalan national can receive attorney fees after successfully petitioning for habeas relief from her immigration detention.
The Eleventh Circuit has given U.S. District Judge Aileen Cannon 60 days to rule on media groups' requests to unseal the final report from special counsel Jack Smith's investigation into President Donald Trump's handling of classified documents, ruling Monday that the organizations had established "undue delay" in resolving their motions.
Michigan's highest court has said it will review a judge's decision to order a homeless man convicted of assault to pay his court-appointed counsel.
Funding for public defender services in Washington, D.C., is about to run out as the government shutdown drags on, according to a recent letter from members of the D.C. Courts Joint Committee on Judicial Administration.
A Black man who pled guilty to firearms offenses in 2018 after consulting with his lawyer — who was found to have made racist social media posts — is entitled to a new trial, Massachusetts' intermediate-level appeals court said Monday, unanimously reversing a lower court's decision.
Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.
Holtzman Vogel Baran Torchinsky & Josefiak PLLC announced Monday that it has tapped a former assistant U.S. attorney for the Southern District of Florida to serve as a partner in its Miami office.
Three of Texas Attorney General Ken Paxton's top deputies are not immune from allegations that they conspired to retaliate against former colleagues who raised allegations of witness tampering and other ethical misdeeds during Paxton's impeachment, those former colleagues have told a Texas federal court.
Hartmann Doherty Rosa Berman & Bulbulia LLP expanded its white collar practice on Monday by adding a partner bringing nearly 30 years of experience as both a federal and state prosecutor in New Jersey.
A judge for the Seventeenth Judicial Circuit of Florida has been appointed to the state's Fourth District Court of Appeal.
A Texas-based expert report author has accused a Washington, D.C., attorney and her firm of unlawfully copying and distributing a copyrighted report regarding jury pool attitudes toward cases related to the Jan. 6, 2021, storming of the U.S. Capitol in at least three separate criminal cases, unlawfully bypassing a $30,000 licensing fee.
The U.S. Supreme Court appeared hesitant Monday to embrace the government's arguments that the "fugitive tolling" doctrine, which bans criminal defendants from earning credits to reduce prison sentences while they are not behind bars, should also be used to penalize defendants who abscond from supervised release.
An insurer for an attorney and his practice does not owe $275,000 to an investment company over a soured cryptocurrency deal that ended in a $700,000 settlement, a Pennsylvania federal court ruled, finding that a contractual liability exclusion in the attorney's policy applies.
The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.
Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.
A Virginia-based contractor is suing the General Services Administration, claiming that the agency hasn't paid for more than $500,000 of construction work on the Fourth Circuit's Lewis F. Powell Jr. U.S. Courthouse in Richmond.
The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.
If litigators and corporate lawyers represent two parts of the "three-legged stool" of legal services, the leaders of the new Atlanta government relations firm Gold Dome Partners see themselves as the third leg by helping clients change laws or regulations.
An Illinois federal judge told Edelson PC on Friday to either dismiss its conversion case against two former Girardi Keese attorneys in a "clean" and "unadulterated" stipulation or submit legal authority supporting its desire to condition the dismissal on him adopting side agreements the parties outlined in their filing.
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.
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.
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.
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.
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.
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.
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.
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.
Series
Ask A Mentor: How Can I Ace My Upcoming Annual Review?
Jennifer Rakstad at White & Case highlights how associates can emphasize achievements and seek support before, during and after their annual review, despite the pandemic’s negative effects on face time with colleagues and business development opportunities.
In order to be perceived as prestigious by clients and potential recruits, law firms should take their branding efforts beyond designing visual identities and address six key imperatives to differentiate themselves — from identifying intangible core strengths to delivering on promises at every interaction, says Howard Breindel at DeSantis Breindel.
Law firms looking to streamline matter management should consider tools that offer both employees and clients real-time access to documents, action items, task assignee information and more, overcoming many of the limitations of project communications via email, says Stephen Weyer at Stites & Harbison.
Series
Ask A Mentor: How Can I Successfully Switch Practices?
Associates who pivot into new practice areas may find that along with the excitement of a fresh start comes some apprehension, but certain proactive steps can help tame anxiety and ensure attorneys successfully adapt to unfamiliar subjects, novel internal processes and different client deliverables, say Susan Berson and Hassan Shaikh at Mintz.
Amid demands from clients and prospective hires for greater sustainability efforts, law firms should think beyond reusable mugs and create programs that incorporate clear leadership structures, emission tracking and reduction goals, and frameworks for reporting results, says Gayatri Joshi at the Law Firm Sustainability Network.
Associates may hesitate to take on the added commitment of pro bono matters, but such work has tangible skill-building benefits, so firms should consider compensation and leadership strategies to encourage participation, says Rasmeet Chahil at Lowenstein Sandler.
The pandemic has likely exacerbated the prevalence of problem drinking in the legal profession, making it critical for lawyers and educators to address alcohol abuse and the associated stigma through issue-specific education, supportive assistance and alcohol-free professional events, says Erica Grigg at the Texas Lawyers' Assistance Program.