The National Law Journal
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Providing in-depth coverage of the issues that mean the most to the legal community.
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Your eyes do not deceive you -- The National Law Journal is finally on Bluesky!
In its 2-1 decision, the Ninth Circuit said the state failed to present an analogous firearm regulation that existed in the Founding-era to justify the ban.
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https://loom.ly/0_d8_BI
Split 9th Circuit Strikes Down California’s Open-Carry Ban as Unconstitutional| Law.com
“There is no record of any law restricting open carry at the Founding, let alone ‘a distinctly similar historical regulation,' wrote Ninth Circuit Judge Lawrence VanDyke, quoting from the high court's 2022 decision in New York State Rifle & Pistol Association v. Bruen.
www.law.com
January 6, 2026 at 12:49 AM
In its 2-1 decision, the Ninth Circuit said the state failed to present an analogous firearm regulation that existed in the Founding-era to justify the ban.
https://loom.ly/0_d8_BI
https://loom.ly/0_d8_BI
Attorneys for Dershowitz filed an appeal at the high court seeking to reinstate his lawsuit against CNN over what he claims were defamatory misrepresentations of what he said while defending President Donald Trump at his first impeachment trial. https://loom.ly/4N0CsUY
Alan Dershowitz Asks High Court to Overrule 'Sullivan' Press Ruling in Case Against CNN| Law.com
The longtime law professor has asked the Supreme Court to abandon the actual malice standard for proving defamation under New York Times v. Sullivan in an attempt to revive his lawsuit against CNN.
www.law.com
January 6, 2026 at 12:45 AM
Attorneys for Dershowitz filed an appeal at the high court seeking to reinstate his lawsuit against CNN over what he claims were defamatory misrepresentations of what he said while defending President Donald Trump at his first impeachment trial. https://loom.ly/4N0CsUY
"I am innocent. I am not guilty. I am a decent man. I am still president of my country," said Maduro. https://loom.ly/24kr-7M
'I Am Here Kidnapped': In Manhattan Federal Court, Maduro Pleads Not Guilty to Narco-Terrorism Conspiracy Charges| Law.com
Defense counsel Barry Pollack, the former president of the National Association of Criminal Defense Lawyers, said that Maduro's status as head of a sovereign state, as well as the legality of the U.S. military operation in which he was taken, would be raised in forthcoming court papers. Maduro insisted to the court that he remains president of the Republic of Venezuela.
www.law.com
January 6, 2026 at 12:40 AM
"I am innocent. I am not guilty. I am a decent man. I am still president of my country," said Maduro. https://loom.ly/24kr-7M
Researchers have also spotted a new trend in Schedule A IP infringement cases that might turn conventional judge shopping wisdom on its head. https://loom.ly/swhYEiQ
Judge Shopping 'Consequences' Are Worth Keeping Tabs On, Experts Say| Law.com
The thing to keep in mind is that random case assignment is subject to so many exceptions across the federal courts,” said Syracuse University College of Law professor Katherine Macfarlane. “Random assignment is this exalted principle, but I don't even know if it's the default.”
www.law.com
January 6, 2026 at 12:36 AM
Researchers have also spotted a new trend in Schedule A IP infringement cases that might turn conventional judge shopping wisdom on its head. https://loom.ly/swhYEiQ
"Civics is not optional. It is the price of admission to a functioning legal system and a functioning Republic. Without it, law becomes noise, institutions become targets, and power replaces persuasion." https://loom.ly/IqCNSuo
Arguing Class Actions: A Recommitment to Civics and Productive Legal Discourse| Law.com
Arguing Class Actions is a monthly column for the National Law Journal.
www.law.com
January 5, 2026 at 10:34 PM
"Civics is not optional. It is the price of admission to a functioning legal system and a functioning Republic. Without it, law becomes noise, institutions become targets, and power replaces persuasion." https://loom.ly/IqCNSuo
Womble Bond Dickinson was the larger firm in a merger with Lewis Roca Rothgerber Christie. The other involved Morris Manning & Martin, which was the smaller firm in a deal withTaft Stettinius & Hollister. https://loom.ly/4c_VfUk
Largest Southeastern Law Firm Mergers Bookend 2025| Law.com
Womble Bond Dickinson, Morris Manning & Martin, Fisher Phillips, Maynard Nexsen and King & Spalding are among the firms combining with others in the U.S. and abroad.
www.law.com
January 5, 2026 at 10:30 PM
Womble Bond Dickinson was the larger firm in a merger with Lewis Roca Rothgerber Christie. The other involved Morris Manning & Martin, which was the smaller firm in a deal withTaft Stettinius & Hollister. https://loom.ly/4c_VfUk
Lynn Mehler, who was most recently the co-head of Hogan Lovells’ global life sciences and health care industry sector, and partner Phil Katz are joining Paul Hastings’ Washington, D.C., office. https://loom.ly/uNLyv-U
Paul Hastings Adds Life Sciences Regulatory Partner Duo From Hogan Lovells| Law.com
Lynn Mehler will chair Paul Hastings' life sciences regulatory practice. She and Phil Katz join the firm from Hogan Lovells.
www.law.com
January 5, 2026 at 10:23 PM
Lynn Mehler, who was most recently the co-head of Hogan Lovells’ global life sciences and health care industry sector, and partner Phil Katz are joining Paul Hastings’ Washington, D.C., office. https://loom.ly/uNLyv-U
Crenshaw’s exit leaves the commission without a Democratic holdover at a moment of sharp policy change under Chairman Paul S. Atkins, whose leadership has emphasized industry flexibility and reduced enforcement. https://loom.ly/Ee-e-G8
SEC Commissioner Caroline Crenshaw to Depart as Deregulatory Shift Accelerates| Law.com
Crenshaw’s exit leaves the commission without a Democratic holdover at a moment of sharp policy change under Chairman Paul S. Atkins, whose leadership has emphasized industry flexibility and reduced enforcement—an approach Crenshaw repeatedly warned could expose investors to heightened risk.
www.law.com
January 5, 2026 at 10:17 PM
Crenshaw’s exit leaves the commission without a Democratic holdover at a moment of sharp policy change under Chairman Paul S. Atkins, whose leadership has emphasized industry flexibility and reduced enforcement. https://loom.ly/Ee-e-G8
The Trump administration is moving toward risk evaluations for different individual uses of a chemical, rather than use of the chemical as a whole— a move environmental groups have strongly condemned. https://loom.ly/JEzvAcA
EPA Moves to Regulate Select Uses of Plastics, Rubber Chemicals| Law.com
The Trump administration is moving toward risk evaluations for different individual uses of a chemical, rather than use of the chemical as a whole.
www.law.com
January 5, 2026 at 10:14 PM
The Trump administration is moving toward risk evaluations for different individual uses of a chemical, rather than use of the chemical as a whole— a move environmental groups have strongly condemned. https://loom.ly/JEzvAcA
Those commitments may become more visible in 2026, with pressure increasing for the firms to reveal their negotiations with the White House and the work they may be doing. https://loom.ly/f-laI1w
Nearly a Year In, the Full Picture for Law Firms Who Cut Deals With Trump Isn't in Focus| Law.com
“What remains to be seen is the midterm and longer-term consequences for the firms, both in terms of their ability to recruit and retain lawyers, and in terms of their ability to retain clients, said Scott Cummings, a legal ethics professor at UCLA School of Law.
www.law.com
January 5, 2026 at 10:06 PM
Those commitments may become more visible in 2026, with pressure increasing for the firms to reveal their negotiations with the White House and the work they may be doing. https://loom.ly/f-laI1w
The Legal Accountability Project, which advocates for law clerks, stated in a news release Tuesday that its complaint is based on information it received from several former clerks raising concerns about Judge Sarah A.L. Merriam’s workplace conduct.
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https://loom.ly/Uf6D2v4
Group Files Complaint Against 2nd Circuit Judge, Alleges Mistreatment of Clerks| Law.com
The Legal Accountability Project, which advocates for law clerks, stated in a news release Tuesday that its complaint is based on information it received from several former clerks raising concerns about Sarah A.L. Merriam’s workplace conduct.
www.law.com
January 3, 2026 at 7:41 PM
The Legal Accountability Project, which advocates for law clerks, stated in a news release Tuesday that its complaint is based on information it received from several former clerks raising concerns about Judge Sarah A.L. Merriam’s workplace conduct.
https://loom.ly/Uf6D2v4
https://loom.ly/Uf6D2v4
On Dec. 17, EEOC chair Andrea Lucas posted a video on social media inviting white males who have experienced workplace discrimination based on race or sex to contact the agency. https://loom.ly/VePfOcI
Anti-White? Who's in the EEOC Crosshairs After Pivot| Law.com
The Equal Employment Opportunity Commission invited white men who have experienced workplace discrimination based on race or sex to contact the agency.
www.law.com
January 3, 2026 at 7:24 PM
On Dec. 17, EEOC chair Andrea Lucas posted a video on social media inviting white males who have experienced workplace discrimination based on race or sex to contact the agency. https://loom.ly/VePfOcI
The suit stated that in late March 2024, the FBI provided Fisher with a letter "advising him that he may have been the victim of criminally negligent conduct" by Boeing. https://loom.ly/x_J3kjE
Alaska Airlines Pilot Sues Boeing for $10M, Says It Made Him 'Scapegoat' in Midflight Door Blowout| Law.com
Brandon Fisher says he's outraged that Boeing is trying to blame the flight crew that heroically kept the plane from crashing for an incident that was entirely the aircraft-maker's fault.
www.law.com
January 3, 2026 at 7:21 PM
The suit stated that in late March 2024, the FBI provided Fisher with a letter "advising him that he may have been the victim of criminally negligent conduct" by Boeing. https://loom.ly/x_J3kjE
Carr has been vague about what it would mean to violate the standard or how the commission would judge whether a broadcaster acted outside of the public interest. https://loom.ly/l9si73k
FCC Chair's Enforcement Threats Put Spotlight on Vague Public Interest Standard| Law.com
The FCC's public interest standard functions as an amorphous framework that shifts depending on which party controls the FCC, communications law experts say.
www.law.com
January 3, 2026 at 7:14 PM
Carr has been vague about what it would mean to violate the standard or how the commission would judge whether a broadcaster acted outside of the public interest. https://loom.ly/l9si73k
White-collar defense practices in Big Law have remained one of the most unpredictable, especially with the decline of the Foreign Corrupt Prosecution Act enforcement. Financial regulation and environmental practices also reportedly saw a decline in demand in 2025. https://loom.ly/oVN_yZQ
Riding a Wave of Trump Policy Shifts, Law Firms Have Stayed Busy in DC| Law.com
Despite white-collar defense practice shifts, several firm leaders said 2025 was a busy year for their D.C. offices, with higher education, trade and investigations practices staying active.
www.law.com
January 2, 2026 at 7:21 PM
White-collar defense practices in Big Law have remained one of the most unpredictable, especially with the decline of the Foreign Corrupt Prosecution Act enforcement. Financial regulation and environmental practices also reportedly saw a decline in demand in 2025. https://loom.ly/oVN_yZQ
The chief justice made a point of emphasizing the contribution of then "recent immigrant" and pamphleteer Thomas Paine to the cause of American independence at a time of strong anti-immigration sentiment from the current presidential administration. https://loom.ly/v3VJyH0
In Year-End Report, Roberts Looks Ahead to Nation's 250th Birthday| Law.com
In his year-end report, Chief Justice John Roberts Jr. celebrated the enduring power of the Declaration of Independence and subtly rebuked the call for term limits for members of the judiciary. This arrangement, now in place for 236 years, has served the country well, he wrote of life tenure protections.
www.law.com
January 2, 2026 at 7:16 PM
The chief justice made a point of emphasizing the contribution of then "recent immigrant" and pamphleteer Thomas Paine to the cause of American independence at a time of strong anti-immigration sentiment from the current presidential administration. https://loom.ly/v3VJyH0
ACLU National Legal Director Cecillia Wang said that the government “should not be able to subject millions of Americans to felony prosecution based on the false presumption that marijuana use makes people so dangerous that they cannot possess a firearm.” https://loom.ly/sFSeZlo
ACLU Joins Supreme Court Challenge to Gun Ban for Marijuana Users| Law.com
In contrast to recent gun cases at the Supreme Court, the American Civil Liberties Union is joining the Second Amendment challenge to a federal law prohibiting marijuana and other drug users from owning firearms.
www.law.com
December 24, 2025 at 12:57 AM
ACLU National Legal Director Cecillia Wang said that the government “should not be able to subject millions of Americans to felony prosecution based on the false presumption that marijuana use makes people so dangerous that they cannot possess a firearm.” https://loom.ly/sFSeZlo
General counsel often play a role in corporate terminations. But when it comes to the C-suite, there’s often good reason for the legal chief to move aside for outside counsel. https://loom.ly/UL5BgTc
Move Over Legal Chief: Complicated, Contentious Executive Transitions Often Require Outside Counsel| Law.com
“When you see a CEO departure that seems sudden, I assure you it’s not sudden. There’s so much work going on behind the scenes to make that as seamless as it perhaps might appear,” said Cooley partner Helen Connolly.
www.law.com
December 24, 2025 at 12:53 AM
General counsel often play a role in corporate terminations. But when it comes to the C-suite, there’s often good reason for the legal chief to move aside for outside counsel. https://loom.ly/UL5BgTc
“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court wrote in an unsigned opinion.
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https://loom.ly/1ePIqp8
Supreme Court Blocks Trump’s National Guard Deployment to Chicago| Law.com
The U.S. Supreme Court will not allow President Donald Trump’s deployment of National Guard troops to Chicago in response to immigration protests.
www.law.com
December 24, 2025 at 12:50 AM
“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court wrote in an unsigned opinion.
https://loom.ly/1ePIqp8
https://loom.ly/1ePIqp8
“Historically, school teachers informed parents of physical injuries or questions about a student’s health and well-being," the judge wrote. "But for something as significant as a student’s expressed change of gender, California public school parents end up left in the dark.” https://loom.ly/qr6rlX0
Parents Have Constitutional Right to Info on Child’s Gender Identity from Schools, US Judge Rules| Law.com
“Historically, school teachers informed parents of physical injuries or questions about a student’s health and well-being, wrote U.S. District Judge Roger Benitez of the Southern District of California. But for something as significant as a student’s expressed change of gender, California public school parents end up left in the dark.”
www.law.com
December 24, 2025 at 12:47 AM
“Historically, school teachers informed parents of physical injuries or questions about a student’s health and well-being," the judge wrote. "But for something as significant as a student’s expressed change of gender, California public school parents end up left in the dark.” https://loom.ly/qr6rlX0
Glass Lewis, one of the most influential players in corporate governance, is taking a hard line against mandatory arbitration—a move that ups the risks for companies embracing the approach to resolve disputes in such areas as employment and business and consumer contracts. https://loom.ly/fhNhdiw
Powerful Proxy Adviser Threatens Trouble for Firms Embracing Mandatory Arbitration| Law.com
Glass Lewis is trying to diminish interest in mandatory arbitration just months after the Securities and Exchange Commission removed a regulatory barrier to its use.
www.law.com
December 24, 2025 at 12:44 AM
Glass Lewis, one of the most influential players in corporate governance, is taking a hard line against mandatory arbitration—a move that ups the risks for companies embracing the approach to resolve disputes in such areas as employment and business and consumer contracts. https://loom.ly/fhNhdiw
New racketeering claims this year targeted both personal injury lawyers and claims administrators in class action settlements, and the fate of those suits remains uncertain. https://loom.ly/rYTjvfU
Racketeering Ratcheted Up in 2025 Against Personal Injury Firms, Claims Administrators| Law.com
Many lawyers will be focused on bellwether trials in 2026 that feature the novel legal theory about social media's addictive nature.
www.law.com
December 24, 2025 at 12:40 AM
New racketeering claims this year targeted both personal injury lawyers and claims administrators in class action settlements, and the fate of those suits remains uncertain. https://loom.ly/rYTjvfU
Defining what “AI expertise” actually looks like—and finding legal talent who has it—is proving more complex for legal departments than they expected. https://loom.ly/5waJXL0
'An Age of Improvisation': Legal Departments Far From Sure-Footed as They Scramble for AI Talent| Law.com
“It’s very easy for legal departments to create a list of everything they want a lawyer to know—AI, risk, changing regulations. Finding someone who actually meets that list is another matter entirely, said Jason Winmill, managing partner of the in-house consultancy Argopoint.
www.law.com
December 24, 2025 at 12:30 AM
Defining what “AI expertise” actually looks like—and finding legal talent who has it—is proving more complex for legal departments than they expected. https://loom.ly/5waJXL0
Some market observers lauded the announcement, noting the firms’ complementary practices and the financial sense of the merger. Others said it was a cautionary tale against not diversifying practices and predicted other firms would be motivated by the same forces. https://loom.ly/IL5iFE0
How Big Law Is Viewing the Hogan Lovells-Cadwalader Plan| Law.com
Some observers said the merger was a cautionary tale about the forces in the market. Others lauded the announcement.
www.law.com
December 22, 2025 at 8:31 PM
Some market observers lauded the announcement, noting the firms’ complementary practices and the financial sense of the merger. Others said it was a cautionary tale against not diversifying practices and predicted other firms would be motivated by the same forces. https://loom.ly/IL5iFE0
New York joins Montana, Indiana, West Virginia and Arkansas as states that limit interest rates.
https://loom.ly/ZE5sWI8
https://loom.ly/ZE5sWI8
NY Governor Signs Consumer Litigation Funding Act| Law.com
The legislation, which will set a 25% cap on a third-party consumer litigation financing company's gross recovery from a lawsuit, had been eight years in the works.
www.law.com
December 22, 2025 at 7:43 PM
New York joins Montana, Indiana, West Virginia and Arkansas as states that limit interest rates.
https://loom.ly/ZE5sWI8
https://loom.ly/ZE5sWI8