Courts

  • Thomas, Alito: Two Originalists, Two Takes On CFPB Case

    U.S. Supreme Court Justices Clarence Thomas and Samuel Alito — often birds of a feather — butted heads Thursday over the original meaning and purpose of the U.S. Constitution's appropriations clause in a decision upholding the Consumer Financial Protection Bureau's unique funding scheme, highlighting what experts describe as the pair's different approaches to originalism.

  • 'That Is A Lie!' Trump Atty Assails Cohen In Fraud Trial Cross

    Donald Trump's lawyer lashed out at central prosecution witness Michael Cohen on Thursday during a second day of cross-examination in New York state's criminal fraud case, attacking his credibility and key testimony linking Trump to crimes.

  • Judge OKs Plan For Those Hit By Rescinded Trump Travel Ban

    Immigration advocates who sued the federal government said they were celebrating "a glimmer of hope" this week after a federal judge OK'd a plan that would require immigration officials to reconsider visa applications for people denied entry into the U.S. because of a Trump-era travel ban affecting individuals from Muslim-majority countries.

  • Trial Stream Failure Doesn't Violate Rights, Colo. Panel Finds

    A Colorado state appeals court ruled Thursday that a trial that was livestreamed with inadequate audio and video did not violate the defendant's right to a public trial because there were still seats available in an open courtroom.

  • Trump Says 1890 Ruling Can't Be 'Pigeonholed' By Ga. DA

    Former President Donald Trump has renewed his bid to have two of his Georgia election interference charges dropped under an 1890 U.S. Supreme Court case, arguing prosecutors are trying to "improperly pigeonhole" the ruling as irrelevant to his criminal case.

  • Democrats Prod Justice Thomas on RV Loan, Tax Treatment

    Two Senate Democrats have asked U.S. Supreme Court Justice Clarence Thomas' attorney to respond to what they called a failure to answer their questions about the justice's $267,000 loan from a healthcare industry executive to finance a luxury recreational vehicle, saying the loan treatment could have violated federal tax laws.

  • Seattle-Area Atty Disbarred For Immigration Court Violations

    A Seattle-area attorney has lost her legal license after the Washington State Bar Association found she submitted falsified paperwork to the federal government, lied to her clients and immigration courts to conceal filing delays, and committed other violations that exposed her clients to possible deportation and other serious harm.

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    Efforts To Make Del. Legal Community More Inclusive Roll On

    As Delaware continues to implement changes aimed at increasing the diversity of its bench and bar, a nonprofit that seeks to create a better pipeline so more young people can pursue legal careers has been a key part of those efforts.

  • Ohio Justice Seeks To Add Appeals Judge To Party Label Suit

    Ohio Supreme Court Justice Jennifer Brunner asked a federal judge to let her amend her challenge to a new state law requiring certain judicial candidates to list their political party affiliation beside their name on the ballot, arguing that her claims also apply to an intermediate appellate judge. 

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    Deepfake Rule Proposals Navigate 'Perfect Evidentiary Storm'

    As federal judiciary officials explore how to handle evidence faked by artificial intelligence, attorneys are divided over the need to change evidence rules, with some worried that current rules are not up to the challenges posed by deepfakes, and others fearful that altering them might do more harm than good.

  • Coverage Recap: Day 14 Of Trump's NY Hush Money Trial

    Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Thursday, day 14 of the trial.

  • Ga. High Court Candidate Can't Stop Abortion Remarks Probe

    Georgia Supreme Court candidate John Barrow can't pause a state ethics commission's investigation into his pro-abortion rights comments on the campaign trail, a federal judge ruled on Thursday, tossing Barrow's lawsuit and citing several flaws right out of the gate.

  • DC Judge Mulls Dominion's DQ Bid For Pro-Trump Mich. Atty

    Lawyers for Dominion Voting Systems pursuing defamation claims against former Overstock.com CEO Patrick Byrne fought Thursday to disqualify the Michigan attorney representing him, insisting to a D.C. federal judge that disqualification is the most appropriate remedy for the lawyer's leak of Dominion's confidential discovery documents.

  • Ex-Bronx DA Worker Says Discrimination Suit Should Stand

    A former employee at the Bronx District Attorney's Office said Thursday she supported her claims that the office discriminated against her for seeking medical leave and denied her a promotion because she's Black, urging a New York federal court to keep alive her suit alive.

  • Senate Confirms South Dakota State Judge To Federal Bench

    The Senate voted 90-4 on Thursday to confirm Judge Camela C. Theeler to the District of South Dakota.

  • Menendez Bribery Case Criminalizes Gifts, Jury Told

    Prosecutors are trying to criminalize friendship, gifts and advocacy, the counsel for one of U.S. Sen. Robert Menendez's co-defendants said Thursday in an opening statement in the corruption trial in Manhattan federal court.

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    Ex-Connecticut Budget Official Denies 22 Corruption Charges

    A former Connecticut state budget official and beleaguered attorney who oversaw millions in state school construction funds pled not guilty on Thursday to a host of corruption charges, including that he coerced contractors into paying him kickbacks.

  • Justices Say Courts Must Stay Suits Sent To Arbitration

    The U.S. Supreme Court unanimously concluded Thursday that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration, ruling in a wage and overtime suit brought by delivery drivers against their employer.

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    Justices Say CFPB Is Constitutionally Funded

    The U.S. Supreme Court ruled Thursday that the Consumer Financial Protection Bureau is constitutionally funded, rejecting a payday lender-backed challenge that threatened to incapacitate the agency and throw a wrench in the Biden administration's financial regulatory agenda.

  • Justices Say Deadline To Appeal Furlough Denial Is Flexible

    The U.S. Supreme Court on Thursday revived a Pentagon employee's dispute seeking an exemption from a furlough, saying that a missed 60-day deadline to appeal the denied exemption does not put the matter out of federal courts' jurisdiction.

  • Trump Taking Criminal Gag Order Appeal To NY's High Court

    Former president Donald Trump wants New York's highest court to review a gag order intended to stop him from criticizing witnesses and others involved in his criminal fraud trial, according to a docket entry Wednesday, just a day after a lower appellate court refused to overturn the order.

  • Newman Wasn't At Fed. Circ. Conference, But She Was Invited

    U.S. Circuit Judge Pauline Newman's absence from Tuesday's Federal Circuit Judicial Conference was not due to a lack of invitation, contrary to initial comments from her lawyer, but the law isn't explicit about whether a suspended judge legally could have been excluded.

  • House Dems Launch Task Force To Address High Court 'Crisis'

    A group of House Democrats on Wednesday launched a task force seeking to bring more transparency and accountability to the U.S. Supreme Court.

  • Split High Court Allows La. To Use Revised Election Map

    The U.S. Supreme Court ruled Wednesday that Louisiana can use its revised congressional map during the 2024 election cycle, pausing a federal judicial panel's ruling that lawmakers likely violated the U.S. Constitution when they redrew the state's map to address voter dilution claims and created a second majority-Black voting district.

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    NY Magistrate Judge, SD Law Partner OK'd For District Courts

    The Senate voted 51-42 on Wednesday to confirm Magistrate Judge Sanket Jayshukh Bulsara to the Eastern District of New York and 61-33 to confirm Eric C. Schulte, partner at Davenport Evans Hurwitz & Smith LLP, to the District of South Dakota.

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Expert Analysis

  • A Road Map For Creating Law Firm Sustainability Programs Author Photo

    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.

  • Why Firms Should Help Associates Do More Pro Bono Work Author Photo

    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.

  • Confronting The Stigma Of Alcohol Abuse In Legal Industry Author Photo

    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.

  • Opinion

    Lawyers Have Duty To Push For Immigration Court Reform Author Photo

    Attorneys must use their collective voice to urge federal lawmakers to create an Article I immigration court outside executive branch control, helping address the conflicts of interest, political influence and lack of adjudication consistency that prevent migrants from achieving true justice, say Elia Diaz-Yaeger and Carlos Bollar at the Hispanic National Bar Association.

  • Series

    ​​​​​​​Ask A Mentor: How Can 1st-Year Attys Manage Remote Work? Author Photo

    First-year associates can have a hard time building relationships with colleagues, setting boundaries and prioritizing work-life balance in a remote work environment, so they must be sure to lean on their firms' support systems and practice good time management, say Jenny Lee and Christopher Fernandez at Kirkland.

  • 5 Ways To Lead Lawyer Teams Toward Better Mental Health Author Photo

    Attorney team leaders have a duty to attend to the mental well-being of their subordinates with intention, thought and candor — starting with ensuring their own mental health is in order, says Liam Montgomery at Williams & Connolly.

  • How Your Summer Associate Events Can Convey Inclusivity Author Photo

    As law firms begin planning next year's summer associate events, they should carefully examine how choice of venue, activity, theme, attendees and formality can create feelings of exclusion for minority associates, and consider changing the status quo to create multiculturally inclusive events, says Sharon Jones at Jones Diversity.

  • Series

    Ask A Mentor: How Do I Negotiate Long-Term Flex Work? Author Photo

    Though the pandemic has shown the value of remote work, many firms are still reluctant to embrace flexible working arrangements when offices reopen, so attorneys should use several negotiating tactics to secure a long-term remote or hybrid work setup that also protects their potential for career advancement, says Elaine Spector at Harrity & Harrity.

  • What I Wish Law Schools Taught Women About Legal Careers Author Photo

    Instead of spending an entire semester on 19th century hunting rights, I wish law schools would facilitate honest discussions about what it’s like to navigate life as an attorney, woman and mother, and offer lessons on business marketing that transcend golf outings and social mixers, says Daphne Delvaux at Gruenberg Law.

  • 4 Ways To Break Down Barriers For Women Of Color In Law Author Photo

    Female lawyers belonging to minority groups continue to be paid less and promoted less than their male counterparts, so law firms and corporate legal departments must stop treating women as a monolithic group and create initiatives that address the unique barriers women of color face, say Daphne Turpin Forbes at Microsoft and Linda Chanow at the Institute for Inclusion in the Legal Profession.

  • Opinion

    We Need More Professional Diversity In The Federal Judiciary Author Photo

    With the current overrepresentation of former corporate lawyers on the federal bench, the Biden administration must prioritize professional diversity in judicial nominations and consider lawyers who have represented workers, consumers and patients, says Navan Ward, president of the American Association for Justice.

  • Series

    Ask A Mentor: How Do I Retire Without Creating Chaos? Author Photo

    Retired attorney Vernon Winters explains how lawyers can thoughtfully transition into retirement while protecting their firms’ interests and allaying clients' fears, with varying approaches that turn on the nature of one's practice, client relationships and law firm management.

  • Why I Went From Litigator To Law Firm Diversity Officer Author Photo

    Narges Kakalia at Mintz recounts her journey from litigation partner to director of diversity, equity and inclusion at the firm, explaining how the challenges she faced as a female lawyer of color shaped her transition and why attorneys’ unique skill sets make them well suited for diversity leadership roles.

  • For Asian American Lawyers, Good Mentorship Is Crucial Author Photo

    Navigating the legal world as an Asian American lawyer comes with unique challenges — from cultural stereotypes to a perceived lack of leadership skills — but finding good mentors and treating mentorship as a two-way street can help junior lawyers overcome some of the hurdles and excel, say attorneys at Paul Weiss.

  • Coping With Secondary Trauma From Pro Bono Work Author Photo

    As the need for pro bono services continues to grow in tandem with the pandemic, attorneys should assess their mental well-being and look for symptoms of secondary traumatic stress, while law firms must carefully manage their public service programs and provide robust mental health services to employees, says William Silverman at Proskauer.

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