Keep your finger on the legal world's pulse
14th February 2025
 
THE HOT STORY
Attorneys general sue Trump and Musk for creating DOGE
Attorneys general from 14 states have challenged the authority of billionaire Elon Musk's Department of Government Efficiency (DOGE) to access sensitive government data and exercise “virtually unchecked power” in a lawsuit filed in federal court in Washington, D.C. which contends that the Trump administration lacked the authority to establish DOGE without Congressional approval and to grant Musk executive powers over it. The attorneys general asked the court to order Musk to identify ways that “any data obtained through unlawful agency access was used,” and destroy “such unauthorized access in his or DOGE’s possession.” The lawsuit is being led by the New Mexico Department of Justice and the attorneys general of Arizona and Michigan. They are joined in filing the lawsuit by the attorneys general of California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Washington, and Vermont.
EMPLOYMENT LAW
Thousands of probationary employees fired
Thousands of probationary employees are being fired as the Trump administration directs federal agencies to carry out widespread layoffs. CNN reports that officials are targeting probationary workers because they have fewer job protections and lack the right to appeal. More than 200,000 employees have worked within the federal government for less than a year, according to 2024 data from the U.S. Office of Personnel Management. “The probationary period is a continuation of the job application process, not an entitlement for permanent employment,” an OPM spokesperson said. “Agencies are taking independent action in light of the recent hiring freeze and in support of the President’s broader efforts to restructure and streamline the federal government to better serve the American people at the highest possible standard.”

 
CNN
LAW
Trump issues termination letters to Biden-appointed U.S. attorneys
A number of U.S. attorneys who had been appointed by former President Joe Biden have received termination notices from the Trump administration. The Justice Department's website shows that slightly more than two dozen attorneys appointed by the prior government remain in post. Reuters notes that it is customary for U.S. attorneys to step down after a change in the presidential administration, but the incoming administration typically asks for their resignations and does not issue tersely-worded termination letters, current and former Justice Department lawyers say. The U.S. Attorney for the District of Maryland Erek Barron wrote in an e-mail: "As many of you may know by now, my time with the U.S. Attorney's Office for the District of Maryland has come to an end. It has been an honor to lead such a talented and dedicated team."
LAWSUITS
Baltimore takes aim at Glock
Baltimore has filed a lawsuit against Glock, claiming that the design of its handguns allows for easy modification into fully automatic weapons, which poses a significant danger to the public. Maryland Attorney General Anthony Brown said: “That’s faster than the weapons of war that I used in the Army,” as he highlighted the potential for increased violence. The lawsuit, which also includes the state of Maryland as a plaintiff, accuses Glock of violating public nuisance laws and seeks an injunction to prevent the sale of certain firearms in the state. The complaint notes that modified Glocks are frequently used in crimes, with Baltimore police recovering 65 such weapons in 2024 alone. The city aims to leverage civil litigation as part of its broader strategy to combat gun violence, which has seen recent reductions due to various anti-violence initiatives.
Trump's new attorney general targets New York leaders
Attorney General Pam Bondi has initiated a lawsuit against New York leaders over the state's immigration policies, claiming they prioritise “illegal aliens over American citizens.” In her first press conference since her appointment, Bondi said: “This is a new DOJ, and we are taking steps to protect Americans.” The lawsuit targets New York Attorney General Letitia James and Governor Kathy Hochul, and specifically challenges the Green Light Law, which allows undocumented individuals to obtain driver's licenses. Bondi argues that the law undermines federal immigration efforts, particularly a provision requiring the Department of Motor Vehicles to notify individuals when their information is requested by federal agencies. The lawsuit follows a similar action against Chicago's sanctuary laws.
INDUSTRY
The history of the billable hour model in the legal sector
Thomson Reuters examines the enduring concept of the billable hour in the legal sector, in a piece originally published as part of proposed content for the 2025 Report on the State of the US Legal Market. Jonathan H. Choi's 2018 paper, In Defense of the Billable Hour: A Monitoring Theory of Law Firm Fees, is quoted as saying that “[p]rior to the 1970s, lawyers billed their clients primarily through a combination of fixed fees, contingent fees, and an amorphous method known as ‘value billing,’ wherein they would simply hand the client a bill at the end of the matter for ‘Professional Services Rendered.’ Few lawyers itemized their services by the hour or established a written compensation agreement with the client in advance.” However, corporate in-house legal departments changed this in the 1970s, introducing a standard which may now have to adapt as AI increasingly alters how legal work is done.
FIRMS
Aprio and Radix Law team up on new venture
Arizona-based business advisory and accounting firm Aprio is to become Aprio Legal, a full-service, Alternative Business Service law firm as part of a collaboration with Radix Law. Richard Kopelman, CEO of Aprio said: "We are thrilled to be the first national accounting and advisory firm to open an ABS law firm and join forces with Radix Law - a combination we know will be a powerful force in Arizona for entrepreneurs and businesses." Andy Kvesic, CEO and Managing Partner of Radix Law added: "Our clients are our priority, and with Aprio Legal, we will have the added resources to deliver an even more personalized and comprehensive approach to help them grow."
APPOINTMENTS
New partners join McDermott in New York
Jared Gerber and Allison Scher Bernbach have joined McDermott Will & Emery as partners in the New York office, enhancing the firm's litigation and private equity fund regulatory practices. Gerber, previously with Cleary Gottlieb Steen & Hamilton, specialises in shareholder litigation, including securities class actions and complex commercial litigation. Bernbach, who arrives from Schulte Roth & Zabel, focuses on advising investment funds and private equity sponsors, particularly in Securities and Exchange Commission examinations and compliance. McDermott noted that the pair's arrival comes at a "critical time" amid rising demand for legal services in the securities and litigation sectors.
Neal Katyal joins Milbank's appellate team
Neal Katyal, the former acting solicitor general under the Obama administration, is leaving Hogan Lovells to join Milbank as a partner in its Washington, D.C. office. He will lead Milbank's appellate practice and join its litigation department. Katyal is renowned for arguing over 50 cases before the Supreme Court, representing high-profile clients such as Citigroup, Nvidia, and Johnson & Johnson. Hogan Lovells acknowledged Katyal's departure, saying it "will not break stride" and that partner Cate Stetson will continue to lead its appellate group.
TECHNOLOGY
Tech firms weigh the future of legal AI
National Law Review examines the effect of AI-powered tools in the legal sector after surveying a number of leaders in the tech industry on issues such as whether AI will replace lawyers, what the adoption of AI means for the billable hour model, and other questions. Scott Stevenson, CEO of legal AI company Spellbook, says: “We see almost no hesitation from the small and mid-sized law firms we serve. Larger law firms are secretly hesitant due to the billable hour.” Daniel Lewis of LegalOn Technologies added: “Law firms are hesitant to adopt AI over risk and liability concerns — accuracy and client confidentiality matter most. They need professional-grade AI that is accurate and secure." He advises that if that issue can be solved, "immense value" for both firms and their clients will result.
Simple spreadsheet 'helped win case', lawyer says
Plaintiff counsel Matthew Whitley, representing furniture maker Edloe Finch in Harris County, Texas, has extolled the virtues of old-fashioned spreadsheets even as AI increasingly dominates legal work elsewhere. He ascribes a jury reaching an 11-1 verdict in 80 minutes in a case centering on overcharges for breach of contract to a simplified, color-coded spreadsheet designed as an explainer. Whitley, partner with Beck Redden in Houston, said: “Our challenge was how do we present this to a jury in a meaningful way,” with the firm deciding on “good old human intelligence" instead of technology.
CORPORATE
Bankruptcy law firm representing retailer found to have conflicts of interest
Law firm Willkie Farr & Gallagher, which had been representing Pro Franchise Group, owner of the Vitamin Shoppe and Pet Supplies Plus retail chains during its chapter 11 bankruptcy, has been found to have conflicts of interest and cannot be retained as counsel. The firm had worked in the past for Brian Kahn, founder and former CEO of Pro Franchise Group. Judge Laurie Selber Silverstein remarked: “Willkie cannot draft parts of the [restructuring] plan that touch upon claims against Kahn."
STRATEGY
ACC Chief Legal Officers Survey insights in practice
Stefanie M. Marrone writes on how insights from the 2025 ACC Chief Legal Officers Survey can be leveraged by law firms and translated into "actionable marketing and business development ideas. She advises: "Firms that stand out as collaborative, solution-oriented partners will win more of that work" and suggests that companies "Use case studies to demonstrate how your firm has partnered with chief legal officers to tackle complex challenges." Other recommendations includes bringing together legal and industry experts to analyze important topics, and customizing marketing campaigns to address specific sectors or problems.
INTERNATIONAL
U.K. blocks trader's extradition to U.S.
The U.K. Supreme Court has blocked the extradition of British-Lebanese trader Joseph El-Khouri to the U.S., where he faced 17 charges, including insider trading. The court ruled that "no part of the conduct alleged to constitute insider dealing can sensibly be considered to have occurred in the United States," as most of the alleged criminality took place in Britain. El-Khouri's lawyer, Richard Cannon, said that the ruling represents "an important check on overreach by the U.S. authorities." The decision is expected to send "shockwaves" through the U.S. Department of Justice, which has historically relied on the unequal extradition treaty between the U.K. and the U.S.

 

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