National Law Journal

CFTC Advances Crypto Rules After Failure of Clarity Act

Mon, 05 Oct 2026 17:37:48 EST

The CFTC argued that Congress gave the commission broad authority under the Commodity Exchange Act to regulate spot crypto markets. The failed Clarity Act, however, would have codified that authority and structured CFTC oversight of digital commodity markets.

Baker McKenzie Lures Kirkland Partner, Plans for Congressional Investigations Boom

Mon, 05 Oct 2026 14:52:16 EST

Allison Murphy will co-chair Baker McKenzie's congressional investigations practice alongside Rod Rosenstein.

Supreme Court Blanches at Oil Companies' ‘Complicated' Defense to Climate Suits

Mon, 05 Oct 2026 14:19:47 EST

At a high-stakes hearing Monday, the justices seemed unswayed by ExxonMobil's “complicated defense to a state climate change lawsuit.

S&C Turns to Perkins, McGuireWoods to Restock Appellate Litigation Practice

Mon, 05 Oct 2026 10:31:48 EST

Former Perkins appellate practice chair and McGuireWoods appellate practice co-chair will take over the reins in D.C. for S&C.

Growing Number of Am Law 100 Firms Leasing Trophy Space in Big Markets

Mon, 05 Oct 2026 09:59:59 EST

Leasing activity by Am Law 100 suggests the firms are "really driving recovery" in the leasing market, and it serves as a bellwether for the overall market.

Carlton Fields Elects New CEO After Two Decades

Mon, 05 Oct 2026 05:59:59 EST

The firm, which has turned down merger opportunities in the past, is eyeing Texas for growth.

Arguing Class Actions: Transparency Is Not Entitlement--The Latest Attack on Litigation Funding

Mon, 05 Oct 2026 05:59:59 EST

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

Kelley Drye Expands Leadership Structure, Names New Chair

Mon, 05 Oct 2026 04:59:59 EST

“Managing a law firm has gotten so much more complicated, said incoming chair Michael Lynch, and the idea of "pulling productive partners out of their practice is just not that appealing.

Trump Administration Further Narrows Path for H-1B Hiring

Fri, 02 Oct 2026 17:35:23 EST

The Trump administration contends H-1B visas, long used by employers to hire highly skilled foreign workers by sponsoring their temporary U.S. residence, have enabled companies to bring in employees who have fewer protections and receive lower pay at Americans' expense.

Justices to Wrestle With Multibillion-Dollar Question Facing Big Oil

Fri, 02 Oct 2026 16:44:14 EST

The Supreme Court is set to consider Monday whether a Colorado climate change lawsuit may proceed against two large oil and gas companies, a major bellwether for similar lawsuits around the country seeking to hold the fossil fuel industry civilly liable for the effects of climate change.

GC Pay Is Looking More Like C-Suite Pay, and Equity Is Driving the Shift

Fri, 02 Oct 2026 15:17:41 EST

The tilt toward incentive-based compensation was especially pronounced in the technology sector, where salary represented just 11.4% of average GC compensation, compared with 46.2% for performance incentives.

Peak Market Pressures Push Law Firms Into 'Hyperspeed' Specialization

Fri, 02 Oct 2026 15:08:59 EST

Law firms are parsing through their practices, narrowing their focus on a handful of them or looking for subpractices where they can demonstrate they have the most expertise and the deepest bench.

'AI Lawyer' Roles Are Booming, but How Long Will Demand Last?

Fri, 02 Oct 2026 14:09:27 EST

While companies are currently eager to hire attorneys with experience advising on AI-related issues, experts are unsure how common the role will be going forward.

NY AG Outlines Scope of Cornell Investigation as Civil Counsel Make Appearances

Fri, 02 Oct 2026 00:58:15 EST

Attorney General Letitia James says her office will gather evidence and interview witnesses after Gov. Kathy Hochul appointed her special prosecutor in the Cornell sexual assault matter; related civil litigation drew prominent counsel.

DraftKings 'Weaponizes AI' to Encourage Gambling, Proposed Class-Action Claims

Fri, 02 Oct 2026 10:14:54 EST

The federal suit alleges the Boston-based company uses artificial intelligence to identify and send additional promotions to customers who are more likely to gamble and lose but continue betting.

Once More Unto The Bench: Supreme Court Begins Major New Term Monday

Thu, 01 Oct 2026 15:07:39 EST

On this special podcast preview of the Supreme Court term, Law.com litigation reporter Alyssa Aquino joins me to help break down six of the biggest cases the justices will hear—including a landmark climate change lawsuit set for Day One. Plus, a look at the new batch of cert grants announced Thursday.

Trump Pardon Attorney Ed Martin Opens His Own Shop

Thu, 01 Oct 2026 14:19:43 EST

Martin indicated he was contacted by several large law firms to work with him following his recent exit from the DOJ but "sensed that it was not a great fit."

Supreme Court Will Review Trump's Mandatory Detention Policy

Thu, 01 Oct 2026 11:16:59 EST

The court has agreed to hear the Trump administration's appeal of a lower court ruling against its mandatory detention policy for millions of immigrants, regardless of how long they've been in the country.

21-Attorney Group Leaves Wiley to Form Insurance Coverage Boutique

Thu, 01 Oct 2026 07:59:59 EST

The new firm will have about 50 clients and over 1,500 matters coming with them from Wiley.

New York Partner to Lead Crowell & Moring as Its First Chair Outside DC

Thu, 01 Oct 2026 05:59:59 EST

McGorty will assume his three-year term starting March 1, 2027, the firm said Thursday.

'Monsanto Did Not Adequately Test': 1st Roundup Trial Since SCOTUS Ruling Begins in Missouri

Wed, 30 Sep 2026 22:47:07 EST

In a trial that opened on Tuesday, Greg Dovel, of Dovel & Luner, represents three women, all from Florida, who allege exposure to the herbicide caused them to get non-Hodgkin lymphoma.

SEC Proposals Would Broaden Retail Access to Private Markets

Wed, 30 Sep 2026 17:43:54 EST

"The SEC is supposed to protect retail investors from risky private market assets," said Benjamin Schiffrin of the SEC watchdog group Better Markets.

Emergency After Emergency: Trump Administration Reaches Supreme Court Milestone

Wed, 30 Sep 2026 17:33:43 EST

The U.S. solicitor general's office has now filed as many emergency applications in President Donald Trump's second term at it did during his first four years in office.

Phila. DA Accuses Fed. Judge of Bias, Seeks Recusal From Exoneration Proceedings That Resulted in Criminal Referrals

Wed, 30 Sep 2026 14:13:19 EST

The motion describes the summer proceedings as a "circus" orchestrated by the court, which they claimed served "as the ringmaster."

Supreme Court Should Pull Back the Curtain on Climate Liability Strategies

Wed, 30 Sep 2026 13:59:59 EST

The stakes reach beyond any single statute or lawsuit: At issue is whether individual states may use either their courts or their legislatures to set de facto national climate policy and reallocate the costs of a global phenomenon, a role the Constitution reserves to the federal government.

Offit Kurman Names Next Leader, Its First Nonfounder

Wed, 30 Sep 2026 13:05:23 EST

Amid the leadership transition, the firm is looking to build out its national footprint with new offices.

Market Consolidation Continues for Midsize Firms Despite Shrinking Merger Candidate Pool

Wed, 30 Sep 2026 00:24:23 EST

The common themes behind the growing number of mergers? The desire for scale and additional resources to stay competitive in a challenging legal market.

DOJ Seeks to Intervene in Musk, X Corp. Actions Contesting 120M EU Fine

Wed, 30 Sep 2026 11:03:50 EST

The U.S. Department of Justice has reported that it is pursuing intervention in support of cases filed by billionaire Elon Musk and his technology company X Corp. seeking to overturn a 120 million fine imposed by the EU on social network platform X.

AI Spending and Economic Clouds Threaten the Partner Pay Win Streak

Wed, 30 Sep 2026 06:13:22 EST

Law firms are generally paying proportionately more for laterals than would otherwise be indicated in profitability metrics.

Alito's Last-Minute Recusal Rocks a Major Supreme Court Case

Tue, 29 Sep 2026 18:27:03 EST

After months of sustained pressure from outside groups, Justice Samuel Alito Jr. decided to recuse himself from hearing a potentially landmark climate change case—his second last-minute recusal this year.

New Rules at Obscure Agency Could Make Firing Federal Employees Easier

Tue, 29 Sep 2026 18:18:40 EST

Contesting the firing of a federal employee could become more challenging after the Merit Systems Protection Board retired a list of 12 factors used to evaluate employee discipline.

With Covington Lawyers in Tow, Jack Smith Testifies Before Senate

Tue, 29 Sep 2026 16:26:18 EST

Covington partners Peter Koski and Lanny Breuer were seen seated behind former special counsel Jack Smith during his testimony before the Senate Judiciary Committee on Tuesday.

Pricing Fears Loom Amid the Increasing Ubiquity of Legal AI

Tue, 29 Sep 2026 16:04:58 EST

Legal teams are continuing to adopt gen AI under pressure from clients and leadership, but they worry about the impact of usage-based billing, according to a new report from DISCO.

Supreme Court Resumes Trump's Third Country Deportations, Sets Hearing

Tue, 29 Sep 2026 16:03:24 EST

The Supreme Court has once again paused a Boston federal judge's ruling stopping the Trump administration from deporting immigrants to third countries they are not originally from.

White & Case to Hire Former Antitrust Division Leader

Tue, 29 Sep 2026 13:37:43 EST

Former Assistant Attorney General Gail Slater is joining White & Case in Washington, D.C. She led the Department of Justice's antitrust division for the first year of President Donald Trump's second term.

US Appeals Court Upholds 'Newfangled' Theory in Classmates.com Privacy Lawsuit

Tue, 29 Sep 2026 10:49:24 EST

The Ninth Circuit affirmed certification of a roughly 100,000-member class accusing Classmates.com's parent of exploiting digitized yearbook photos and names to market subscriptions, a ruling with potential implications for online people-search and advertising-supported websites.

After 18 Years, Mintz Chooses New Leader

Tue, 29 Sep 2026 05:59:59 EST

The firm has tapped its Boston office managing member and corporate division head to succeed Bob Bodian as managing member.

Law School Applicant Boom Expected to Continue

Tue, 29 Sep 2026 04:59:59 EST

The 2026-27 admissions cycle is expected to remain highly competitive, largely driven by the political climate.

Short Shrift? Supreme Court Clerk Hiring Mostly Skips This Appeals Court

Mon, 28 Sep 2026 18:47:57 EST

Since its creation in 1982, the Federal Circuit has sent just one of its former clerks on to the Supreme Court. It took an extraordinary resume and years of effort to break the mold. A personal connection to the justice didn't hurt either.

SEC Investigations Group Founder Rejoins O'Melveny

Mon, 28 Sep 2026 15:41:08 EST

David Leviss, an 11-year O'Melveny partner before a Biden-era SEC stint, also brings DOJ and congressional investigations experience to the role.

Justice Alito Recuses From Major Climate Case Week Before Arguments

Mon, 28 Sep 2026 15:27:12 EST

Justice Samuel Alito Jr., who has long held stock in the oil and gas sector, will not hear a major case next week over whether municipalities may sue energy companies in state court for alleged damages associated with climate change.

Inaugural NextGen UBE Scores Reveal Comparable Results to Legacy Exam

Mon, 28 Sep 2026 15:22:55 EST

The National Conference of Bar Examiners report that the inaugural July 2026 NextGen Uniform Bar Examination produced a pass rate broadly comparable to recent July results under the legacy exam.

5th Circuit Judge Southwick Plans to Take Senior Status

Mon, 28 Sep 2026 14:30:42 EST

Judge Leslie Southwick's semi-retirement gives President Donald Trump a second opportunity to fill a seat on the New Orleans-based appeals court in his second term.

6th Circuit Says States Can Regulate Kalshi Sports Contracts as Gambling

Mon, 28 Sep 2026 13:11:23 EST

The ruling deepens a split among the U.S. circuit courts regarding federal preemption of the prediction markets, increasing the likelihood the Supreme Court will grant review and resolve the issue.

Big Law Group Frenzy: 1 in 4 Laterals Now Move in Packs

Mon, 28 Sep 2026 05:59:59 EST

About 23.6% of the firm-to-firm lateral activity between Jan. 1 to June 30 of this year involved three or more attorneys moving from one firm to another, said Firm Prospects, which analyzed Am Law 200 hires.

DOJ Tells DC Circuit U.S. Has No Control Over Alleged Gang Members Deported to CECOT Prison

Fri, 25 Sep 2026 18:47:28 EST

"The district court's free-wheeling reading of the record would open the floodgates to claims that the United States has constructive custody over prisons across the globe," U.S. Justice Department attorney Tiberius Davis told the appellate panel.

Alston & Bird Adds Expertise With Regulatory Agencies, West Coast Litigation

Fri, 25 Sep 2026 16:26:39 EST

The Am Law 50 firm added a longtime leader at the Federal Trade Commission and a pair of litigators from Loeb & Loeb in California.

Labor Dept. Says Pay Not Required for Time Spent Traveling to Lunchroom

Fri, 25 Sep 2026 15:55:16 EST

A long jaunt to and from an employee break room to eat a meal is not compensable time, the U.S. Department of Labor said in an opinion involving employees of a detention facility

'Growth Area' of Whistleblower Rewards Raises Stakes for Companies, Lawyers Say

Fri, 25 Sep 2026 15:11:24 EST

A race between companies and potential whistleblowers to report wrongdoing is heating up, prompted by the spread of whistleblower tip programs across the federal government.

US Judge Allows Blind Attorney's Bias Lawsuit to Proceed Against NY Court System

Fri, 25 Sep 2026 15:09:14 EST

U.S. District Court Judge Ramon Reyes has allowed a blind attorney's disability discrimination suit against the New York State Unified Court System to proceed, finding he plausibly alleged that the court system failed to provide reasonable accommodations during grand jury service.

Federal Circuit Revives Whistleblower Complaint Over VA's AI Claims-Processing Tool

Fri, 25 Sep 2026 14:49:42 EST

The appellate court said the Merit Systems Protection Board has jurisdiction to consider Babatunde Oguntade's whistleblower retaliation complaint because it contained specific allegations of gross mismanagement on the part of the U.S. Department of Veterans Affairs.

Supreme Court Approves Trump Administration's Use of Social Security Records for Voter Checks

Fri, 25 Sep 2026 00:41:18 EST

The Supreme Court said the federal government likely has the authority to scrape sensitive Social Security records in response to voter eligibility requests from state election officials.

How DOJ Attorneys Are Losing the Presumption of Regularity Federal Judges Had Accorded Them

Thu, 24 Sep 2026 23:59:59 EST

The presumption and what it means for Justice Department lawyers when the concept starts fraying were on instructive, compelling display in Sept. 15 oral arguments before a U.S. Court of Appeals for the Fourth Circuit panel, which included Chief Judge Albert Diaz and South Carolina Circuit Judges Henry Floyd and Julius Richardson.

At Gibson Dunn, Young Litigators Teach Courtroom Skills

Fri, 25 Sep 2026 10:07:35 EST

Gibson Dunn's Dallas office has built an associate-led training program that helps young litigators turn real case experience into practical courtroom skills, peer mentorship and earlier stand-up opportunities.