National Law Journal

2nd Circuit Rules Warrant Not Required for Cell Phone Searches at Border

Thu, 17 Sep 2026 17:01:28 EST

"Under our [Second Circuit] precedents, no suspicion is required before the government searches a traveler's property at the border," Judge Steven Menashi wrote. "Because a cell phone is property, our precedents establish that the government does not need to have reasonable suspicion before searching a traveler's cell phone at the border."

US Appellate Panel Won't Automatically Grant Tax-Exempt Status for Limited Partners

Thu, 17 Sep 2026 16:34:56 EST

The U.S. Court of Appeals for the Second Circuit, in a decision written by Judge Denny Chin, said principals exercised too much control over the firm to be exempt from self-employment taxes.

What Might Come Next If the 3rd Circuit Strikes Down Daniel's Law

Thu, 17 Sep 2026 14:51:33 EST

With an uncertain future for the judicial security law named for her late son, U.S. District Judge Esther Salas has rolled up her sleeves to encourage parties to resolve their differences. But some question the merits of the proposed legislation that's being studied as a means of saving Daniel's Law.

Why Have Trump, Biden Quickly Promoted Their Own Judges?

Thu, 17 Sep 2026 14:49:07 EST

Judicial elevations are nothing new, but the pace of them seems to be getting faster. Court watchers explain what's driving the trend.

DOJ Takes Fight Over Albany U.S. Attorney's Office to Supreme Court

Thu, 17 Sep 2026 11:05:28 EST

The Justice Department is appealing a ruling that the temporary head of the U.S. attorney's office in Albany, New York, was improperly appointed, a decision that scuttled subpoenas to the New York attorney general's office over a Trump investigation.

Gibson Dunn Sees Jump in Higher Ed Work, as 'Break Glass in Case of Emergency Firm'

Thu, 17 Sep 2026 05:59:59 EST

"We're really more of the 'break glass in case of emergency firm' for colleges and universities. And unfortunately, that fire alarm has been ringing more often," said Jason Schwartz, a partner at Gibson Dunn, who leads the new higher education industry group.

William 'Willy' Jay Talks Paul Weiss Move, Mentorship, Lessons From Memorable Oral Argument

Wed, 16 Sep 2026 19:20:37 EST

"I think the involvement of appellate counsel earlier [in the process] is something more clients are becoming more comfortable with," Jay said. "No one wants to be the client who hears the bright idea of their newly retained appellate counsel and has to think, 'Gosh, I wish we had made that argument in the district court. I hope it isn't waived.'"

SEC Moves to Curtail Shareholder Proposals

Wed, 16 Sep 2026 17:32:37 EST

The SEC said that Rule 14a-8, which dates to 1942, exceeds the commission's statutory authority by improperly intruding on state corporate law when applying the federal securities laws.

Former Meta, API Lawyer Stacy Linden Joins Railroads Group as General Counsel Amid Regulatory Fights

Wed, 16 Sep 2026 16:23:24 EST

Linden succeeds longtime legal chief of Association of American Railroads, Kathryn Kirmayer, who retired in July after more than a decade with the trade group, as freight carriers face merger scrutiny, safety legislation and competition-rule battles.

Cleary Taps Paul Weiss Innovation Leader for New C-Suite Role

Wed, 16 Sep 2026 15:57:42 EST

Elizabeth Wilkinson, the firm's first chief innovation officer, most recently served as director of knowledge and innovation at Paul Weiss. She previously spent 10 years practicing law.

Avocado Oil Lawsuits Point to Risk Surrounding Ingredient Claims

Wed, 16 Sep 2026 15:31:08 EST

Both lawsuits allege that the defendants touted their products as made with “100% avocado oil despite an independent analysis published earlier this year by University of California, Davis researchers concluding that many purported avocado oil products on the U.S. market were adulterated with other oils.

Committee Questions Texas U.S. District Judge Nominees

Wed, 16 Sep 2026 15:09:56 EST

If confirmed, Richard Bennett would serve as U.S. district judge for the Southern District of Texas' Houston division, and Courtney Coker as U.S. district judge for the Northern District of Texas' Dallas division.

When Businesses Are Anti-Business

Wed, 16 Sep 2026 14:59:59 EST

Businesses will indeed lobby regulators to seek to impose barriers to other businesses with whom they compete. ... Do not presume businesses are always pro-business. It is often against their interest to promote free markets. If they can use regulators to their advantage, they will.

US in Talks With China to Sever Iran Economic Ties, Bessent Says

Wed, 16 Sep 2026 09:56:52 EST

In a House hearing, Bessent defended the war against Iran while pushing the administration's campaign to sever Iran's economic networks. China is Iran's closest trading partner.

Michael Best Launches NY Office With Acquisition of Kane Kessler

Wed, 16 Sep 2026 08:55:35 EST

Am Law 200 firm Michael Best & Friedrich has acquired New York midsize firm Kane Kessler, which has a significant corporate and securities practice.

The Apple Watch 'Always-Listening' Features Should Worry Every Lawyer, Expert Says

Tue, 15 Sep 2026 18:58:39 EST

Apple Watch's new "Siri Recap" feature could create serious legal risks, said an eData attorney. Its AI-generated conversation summaries, despite deleting raw audio, could become discoverable evidence, raise wiretap and privacy questions, and complicate authentication, preservation, and corporate policy obligations.

Can West Virginia's Judge Privacy Law Survive 1st Amendment Challenge?

Tue, 15 Sep 2026 18:02:55 EST

The law—modeled after a similar one in New Jersey—imposes liability on anyone who publishes without permission the home address or telephone number of judges, prosecutors, public defenders or law enforcement officers when "a reasonable person" would believe doing so would expose the individual to harassment.

Trump Nominates Acting EEOC Legal Chief Catherine Eschbach for Permanent Role

Tue, 15 Sep 2026 17:02:20 EST

The acting EEOC legal chief and former OFCCP director would fill a position that has lacked a Senate-confirmed occupant since the start of Trump's second term

Nicole Kidman Urges Women Lawyers to Embrace Failure and Reinvention

Tue, 15 Sep 2026 15:16:17 EST

The Academy Award-winning actor and producer spoke with Heather Nevitt, editor-in-chief of Corporate Counsel, during the keynote “Creating Space: Elevating Women's Voices and Power With Nicole Kidman at the Women, Influence & Power in Law Conference in Nashville.

Robinhood Asks Supreme Court to Await CFTC's Word on Prediction Markets

Tue, 15 Sep 2026 00:54:05 EST

"Although the decision below harms Robinhood's interests and the market more generally, granting certiorari now would be premature," a legal team led by Lisa Blatt of Williams & Connolly wrote in the U.S. Supreme Court petition.

Former SEC Officials Launch Labaton's New Whistleblower Practice

Tue, 15 Sep 2026 00:40:08 EST

Allison Herren Lee, a former SEC commissioner and acting chair, and Andrew Feller, former senior counsel at the SEC's enforcement division, are set to advise clients through every stage of the whistleblower process at federal enforcement agencies.

Office of Legal Counsel's Opinion on Scope of Executive Privilege and Private Advisers

Mon, 14 Sep 2026 23:59:59 EST

OLC lays out a historical record of presidents relying on outside advisers to perform their duties, including Andrew Jackson's “Kitchen Cabinet and Franklin Roosevelt's “Brain Trust. In providing this historical perspective, OLC attempts to establish that presidents have historically utilized private advisers to execute their duties and assist with decision-making.

After 5 Decades at Fox Rothschild, Chair Emeritus Abraham Reich Starts To Wind Down

Tue, 15 Sep 2026 08:59:59 EST

When Reich joined the firm in 1973, it was home to roughly 30 lawyers. Now it has grown to over 1,000 in 30 offices across the U.S.

Orrick Recruits Former DOJ Antitrust Attorney in DC

Tue, 15 Sep 2026 05:59:59 EST

Aaron Teitelbaum previously litigated for the Manhattan District Attorney's Office before entering into federal government service in 2018.

Big Law Office Openings Back in Swing, Aiming for 'Strategic Scale'

Tue, 15 Sep 2026 04:59:59 EST

About 70 firms in the Am Law 200 said they opened an office in a new market in 2025, compared to 56 in 2024. Fewer Am Law 200 firms oversaw office closures last year, too, according to Law.com data.

Supreme Court Rebuffs Trump Effort to Upend Mail-Voting Rules

Mon, 14 Sep 2026 20:32:22 EST

A divided U.S. Supreme Court denied an emergency request from the Trump administration to reinstate new mail-voting restrictions from the U.S. Postal Service.

'The Reality of Forfeiture': 5th Circuit Split on if 'My 600-lb Life' Producer Gave Up Key Argument

Mon, 14 Sep 2026 19:42:40 EST

Philadelphia Indemnity refused to defend the insured company, Megalomedia, by citing a policy exclusion for "reality shows." Megalomedia argued on appeal that "My 600-lb Life" doesn't fall under the definition of "reality show" and the exclusion shouldn't apply.

How A Nonlawyer Convinced the Supreme Court to Take His Case

Mon, 14 Sep 2026 18:33:58 EST

"From my perspective as a Supreme Court practitioner, what Daniel [Grand] did is quite extraordinary," said Grand's new Supreme Court lawyer, Josh Rosenkranz.

Former DOJ and White House Officials Crowd Into Big Law Firms

Mon, 14 Sep 2026 17:27:14 EST

Covington, Ashurst Perkins Coie, Simpson Thacher, Winston Taylor and Stanford Heisler all added laterals with government experience.

US Sanctions Russian Bank in Crackdown on Iranian Finance

Mon, 14 Sep 2026 16:55:28 EST

The already heavily sanctioned VTB Bank is the third bank that the U.S. Treasury Department has targeted over the past month as it seeks to cut Iran off from the global financial system.

John Eastman Appeals Disbarment to U.S. Supreme Court

Mon, 14 Sep 2026 16:06:05 EST

Eastman argued in a Supreme Court petition that his disbarment over his attempt to overturn the 2020 election violates the First Amendment.

States Sue to Block New Federal ‘Public Charge' Rule

Mon, 14 Sep 2026 15:40:41 EST

New York Attorney General Letitia James and a coalition of 21 states and the District of Columbia argue the DHS rule, set to take effect Sept, 18, unlawfully expands immigration officers' authority to deny green cards and conflicts with longstanding precedent.

Morgan & Morgan Has Been 'Quietly Building' Its Own In-House Artificial Intelligence Platform

Mon, 14 Sep 2026 15:11:56 EST

The personal injury giant has thus far sunk $300 million into its MX2 AI program and plans an overall investment of $1 billion over the next 10 years.

Winston Taylor Bolsters Antitrust Team With High-Profile DOJ Enforcer

Mon, 14 Sep 2026 07:59:59 EST

David Dahlquist was lead trial counsel in the federal government's case against Live Nation and Ticketmaster, before DOJ leaders settled the matter. Rejoining his old firm, he'll be working alongside the team that took over and secured a verdict on behalf of over 30 states.

Geragos & Geragos Hires NY Partner, Eyeing East Coast Expansion

Mon, 14 Sep 2026 05:59:59 EST

Geragos & Geragos, a Los Angeles-based criminal defense firm known for its high-profile representations of cultural figures like Michael Jackson, Jussie Smollett and Colin Kaepernick, is looking to expand its East Coast footprint.

The S&C, DLA and Boutique Lawyers Advising Trump in Litigation

Mon, 14 Sep 2026 04:59:59 EST

Trump has largely turned to Big Law firms to handle his high-stakes litigation while employing a small Florida-based boutique for media defamation lawsuits.

Full 9th Circuit Won't Reconsider Order That VA Build Homeless Vets Housing in LA

Fri, 11 Sep 2026 17:41:12 EST

A three-judge Ninth Circuit panel agreed with a class of veterans that the VA violated Section 504 of the Rehabilitation Act by denying them “meaningful access to their healthcare. The statute at issue prohibits discrimination against individuals with disabilities "under any program of activity conducted by any [federal] executive agency."

'You Gotta Run': Justice Kavanaugh Recalls Chaotic Dash Out of White House on 9/11

Fri, 11 Sep 2026 17:36:10 EST

"Don't forget much from that day," U.S. Supreme Court Justice Brett Kavanaugh said Friday during a 9/11 memorial event at Notre Dame University. "Seared in my memory is the secret service agents saying, 'Run. Sprint. Ladies take off your heels and sprint.' And we were all kind of sprinting out the gate toward Lafayette Park."

Akerman Hires First Director of AI Development

Fri, 11 Sep 2026 14:38:52 EST

Charles Zerner will use his background in technology and legal practice to work with lawyers to determine what currently available AI products meet their needs and what can be built in house.

9/11 After 25 Years: How the Terrorist Attacks Impacted the Legal Profession

Fri, 11 Sep 2026 14:28:09 EST

Personal recollections, lasting institutional changes, landmark legal responses and the continuing pursuit of justice reveal how Sept. 11 continues to shape lawyers, law firms and courts a quarter-century later.

Judge Accused of Helping Immigrant Escape ICE Custody Reprimanded by Mass. Top Court

Fri, 11 Sep 2026 14:18:01 EST

The state's top court agreed Judge Shelley Joseph did not know or authorize the defendant's escape from the Newton courthouse in 2018 but said her actions "inadvertently created the appearance of impropriety."

Mike Aiello, Weil Corporate Chair, Plans Exit for Cravath

Fri, 11 Sep 2026 00:34:19 EST

Cravath confirmed his move on Friday, along with five other Weil M&A partners.

After 25 Years, Big Law Looks Back On 9/11's Echoes

Thu, 10 Sep 2026 21:16:47 EST

The day of the attacks has been frozen in the minds of many Big Law partners. Some can still see the changes in the legal profession and the industry as a result of Sept. 11.

Iranian Students Prohibited From Taking LSAT Following US-Imposed Sanctions

Thu, 10 Sep 2026 18:16:58 EST

The U.S. Treasury Department announced the suspension of several general licenses in its Iran Sanctions program, including goods and services offered by the Law School Admission Council.

'Even Talking About It Now, It Takes You There': 9/11 Through the Eyes of Lawyers, Judges, Court Officials

Thu, 10 Sep 2026 17:53:10 EST

“We should never lose sight of this event and what it has done to us, said U.S. District Judge Alvin Hellerstein, Southern District of New York.

DC Sees Flurry of Big Law Lateral Partner Activity

Thu, 10 Sep 2026 16:44:51 EST

Numerous Big Law firms, including Eversheds Sutherland, Willkie Farr & Gallagher, Jenner & Block and Squire Patton Boggs, among others, have announced partner additions in their Washington, D.C., offices so far this month.

SEC's Enforcement Director Says Agency Will Focus on ‘High-Impact' Cases

Thu, 10 Sep 2026 16:44:08 EST

David Woodcock, in an interview, outlined the Securities and Exchange Commission's more selective approach to policing corporate misconduct, while confirming the agency no longer has a dedicated Foreign Corrupt Practices Act unit.

Move Faster or Get Bypassed: AI Is Raising the Cost of a Slow Legal Department

Thu, 10 Sep 2026 16:12:00 EST

At a discussion Thursday during Running Legal Like a Business Conference in Las Vegas, panelists explored how AI should help move legal expertise, data and risk intelligence closer to the point where the business makes decisions.

4th Circuit Rejects Trump No-Bond Detention Policy, Joining 8 Sister Circuits

Thu, 10 Sep 2026 15:27:07 EST

Two other circuits have accepted the policy as lawful, resulting in a circuit split that is likely to be taken up and resolved by the U.S. Supreme Court.

Supreme Court Blocks New GOP Congressional Map in Missouri

Thu, 10 Sep 2026 11:12:59 EST

The Supreme Court lifted a federal court order requiring Missouri to use a new congressional map in the upcoming midterms that was likely to result in an additional House seat for Republicans.

DOJ Accuses Berkeley Law of Discrimination in Admissions

Thu, 10 Sep 2026 10:30:51 EST

The U.S. Department of Justice finds that Berkeley Law deliberately discriminated against Asian and white applicants based on race in its law school admissions.

In New Study, 41% of Attorneys Say Practicing Law is 'Detrimental' to Mental Health

Wed, 09 Sep 2026 16:58:27 EST

Nearly 37,000 attorneys participated in the survey conducted by mental health expert Patrick Krill, in conjunction with the ABA, and nearly half of them reported high or very high levels of burnout.

Who Can Serve as 'Acting' US Attorney? DOJ Takes Key Personnel Question to Supreme Court

Wed, 09 Sep 2026 15:21:49 EST

A federal appeals court has called into question the legality of over a dozen "acting" U.S. attorney appointments. The Trump administration says the decisions "risk chaos."

‘A Culture of Crime and Corruption': Feds Take Offensive as Huawei Racketeering Trial Begins

Wed, 09 Sep 2026 15:06:40 EST

Trial began on Wednesday in the Brooklyn federal court against Huawei, the telecommunications giant accused of conducting a decades-long conspiracy to steal trade secrets and evade U.S. sanctions.

'Windfall Verdict' Wiped: 5th Circuit Undoes $124M Award Over Judge-Lawyer Friendship

Wed, 09 Sep 2026 13:01:18 EST

The Fifth Circuit said the magistrate judge did not share that she and the plaintiff's attorney had a personal friendship that spanned nearly 40 years and that the attorney had served as a groomsman in her wedding in 1989.

Patent Scholar John Duffy Says He Will Accept USPTO General Counsel Role

Wed, 09 Sep 2026 09:37:40 EST

Duffy, a University of Virginia law professor who has shaped patent law through landmark litigation and scholarship, said he intends to accept an offer to become the U.S. Patent and Trademark Office's next general counsel.

Vanderbilt Law School Brings AI-Powered Deposition Simulations Into the Classroom

Wed, 09 Sep 2026 08:59:59 EST

In an effort to prepare students for legal practice while also providing flexibility in how they learn, Vanderbilt's law school has teamed up with AltaClaro to deploy DepoSim.

FDA Considers Regulating AI-Powered Devices Like Doctors

Tue, 08 Sep 2026 17:34:34 EST

“You have what is essentially a mechanism by which the product continues to evolve and change over time. That in itself is new and poses risks that they haven't really seen before," said Linda Malek, a partner at Crowell & Moring's Health Care and Privacy and Cybersecurity groups in New York.

Election Disputes Descend on Supreme Court Ahead of Midterms

Tue, 08 Sep 2026 17:01:39 EST

The U.S. Supreme Court has received a flurry of emergency applications concerning election rules ahead of the November midterms, including several from the Trump administration.

Am Law 200 Law Firms Hit With Malpractice Suits Over Financial Scams, Law.com Radar Shows

Tue, 08 Sep 2026 15:41:50 EST

The platform detected nearly 40 cases against Big Law in August, most of them alleging professional misconduct.

2nd Bellwether Jury Awards $40M Verdict Over Bard's PowerPort Device

Tue, 08 Sep 2026 14:58:16 EST

Friday's verdict, in U.S. District Court for the District of Arizona, comes in the second trial in the multidistrict litigation alleging defects in Bard's PowerPort device.

If a Conviction Is Sound, It Can Be Defended by a Lawyer, Not a Machine

Tue, 08 Sep 2026 13:59:59 EST

I propose a modest rule: Government attorneys should not use generative AI to compose their filings when litigating against a pro se incarcerated person challenging a conviction or sentence or the conditions of his confinement.

Judge's AI Error-Laden Ruling Faces Appellate Scrutiny. Are There Lessons for Lawyers?

Tue, 08 Sep 2026 00:28:19 EST

“The cure for AI hallucinations is human verification," stated attorney Crawford Appleby. "So, no matter whether it's a solo practitioner, a big firm, the department of justice or the court itself, every statement of fact and law needs to be verified by a person. Otherwise, we will continue to see AI misuse at every level of the legal system.

ABA Council Repeals Diversity Standard Amid Uncertainty About the Organization's Future as a Law School Accreditor

Tue, 08 Sep 2026 11:47:57 EST

The ABA Accreditation Council repealed its law school diversity and inclusion Standard 206 after an extended review shaped by federal actions targeting diversity efforts in education.

Former Fox Legal Head Jumps to Sullivan & Cromwell

Tue, 08 Sep 2026 10:28:45 EST

Viet Dinh, who as chief legal and policy officer helped Fox navigate defamation litigation in the wake of Fox News' 2020 presidential election coverage, is joining Sullivan & Cromwell's Los Angeles office as a partner.

Kasowitz Data Strategy Practice Chair Decamps for Katten

Tue, 08 Sep 2026 05:59:59 EST

Brandy Worden, who chaired Kasowitz's data strategy, privacy and security and co-chaired their AI industry group, has joined Katten in its Los Angeles office.

Arguing Class Actions: When 'Supply Discipline' Becomes an Antitrust Problem

Tue, 08 Sep 2026 05:59:59 EST

Arguing Class Actions is a monthly column for the National Law Journal.