Business of Law

  • November 12, 2024

    Judge Notes 'Serious Issue' In Fired Firm Worker's Appeal

    The outcome of a fired Whitman Breed Abbott & Morgan LLC legal assistant's appeal of her loss in a disability discrimination suit may hinge on whether there is a genuine dispute about the demands of the job, a Connecticut judge signaled Tuesday. The judge noted a "substantial" disagreement about whether the position was supposed to be a hybrid of remote and in-person.

  • November 12, 2024

    Trump Taps Ex-Jones Day Partner For White House Counsel

    President-elect Donald Trump on Tuesday announced that William J. McGinley, a former Jones Day partner who worked as assistant to both the president and Cabinet secretary during Trump's first term, will serve as White House counsel during the upcoming term.

  • November 12, 2024

    Navajo Co. Says Paralegal Blocking Return Of Privileged Docs

    A Navajo Nation natural resources company is suing a former paralegal in Colorado state court to enforce a settlement requiring the return of confidential documents that she allegedly emailed to herself, accusing the paralegal of "erecting unreasonable roadblocks" to their agreement.

  • November 12, 2024

    Thompson Coburn Hit With Suit Over Healthcare Data Breach

    Thompson Coburn LLP was hit with a proposed class action Tuesday in Missouri federal court alleging the firm did not do enough to safeguard data provided to a healthcare provider client, resulting in a data breach that compromised individuals' personal information.

  • November 12, 2024

    Progressive Accused Of Giving Crash Victims' Info To Law Firm

    Progressive Casualty Insurance Company and Kanner & Pintaluga PA are facing a proposed class action in Houston, where former clients accuse the two of conspiracy and Racketeer Influenced and Corrupt Organizations Act violations because the insurer allegedly shared crash victims' private information with the law firm in violation of state and federal statutes.

  • November 12, 2024

    Pennsylvania Atty Text Solicitation Ban Stands, For Now

    A Pennsylvania federal judge on Tuesday declined to temporarily halt the state's prohibition on attorneys soliciting potential clients using text messages while litigation filed by a legal marketer over the legality of the ban plays out, reasoning that there was no threat of irreparable harm to the company.

  • November 12, 2024

    Ohio Judge Reverses Senior Status Plans Post-Election

    Following last week's election, a federal judge for the Southern District of Ohio has reversed his decision to take semi-retired status, leaving President-elect Donald Trump with one fewer judicial vacancy to fill. 

  • November 12, 2024

    Kramer Levin's Paris Office Won't Be Part Of Combo With HSF

    Herbert Smith Freehills LLP confirmed Tuesday that the Paris office of Kramer Levin will not be included in the merger between the two firms.

  • November 12, 2024

    Trial Consultant Agrees To Keep Ex-Employer's Biz Info Secret

    An ex-employee for jury analysis firm Jury-X has agreed to avoid using the company's confidential information while its trade secrets lawsuit unfolds, according to a stipulation filed Tuesday in North Carolina federal court.

  • November 12, 2024

    Fed. Circ. Won't Revive Billable Hours Patent Against RELX

    The Federal Circuit won't undo a New York federal judge's finding that a Realtime Tracker Inc. patent for tracking billable hours was invalid as an abstract idea, backing a win for LexisNexis parent company RELX.

  • November 12, 2024

    Law360 Names Attys Who Moved Up The Firm Ranks In Q3

    A promotion to partner or election to practice group chair means a slew of new responsibilities and also lots of well-deserved recognition. Law360 reveals the list of attorneys whose commitment to legal excellence earned them highly coveted spots in the law firm leadership ranks. Find out if your old legal friends — or rivals — moved up in the third quarter of the year.

  • November 12, 2024

    Texas Bar Eyes Ban On Revenue Sharing With Non-Atty Cos.

    A proposed ethics opinion from the State Bar of Texas says lawyers shouldn't pay revenue percentages to nonlawyer-owned businesses that provide legal support services, though attorneys may own equity interests in such companies under certain conditions.

  • November 12, 2024

    Trump's NY Case Paused As DA Weighs Impact Of Election

    A New York state judge agreed to a joint motion to freeze the proceedings in Donald Trump's hush money case following his electoral victory last week, allowing the Manhattan district attorney time to brief the court on "appropriate steps going forward."

  • November 12, 2024

    BigLaw Bonus Season Starts With A Move By Milbank

    Milbank LLP announced Monday that it will hand its associates year-end bonuses ranging from $15,000 to $115,000 depending on seniority, numbers that nearly align with bonuses the firm and its peers handed out last year.

  • November 11, 2024

    Herbert Smith Freehills To Merge With US-Based Kramer Levin

    Herbert Smith Freehills LLP said Monday that it is joining forces with U.S. law firm Kramer Levin to form a global legal powerhouse in a move that could signal further consolidation in the sector.

  • November 10, 2024

    High Court Bar's Future: Arnold & Porter's Allon Kedem

    Allon Kedem is a familiar face at the U.S. Supreme Court, with a baker's dozen arguments and the rare distinction of two clerkships, and his face is usually smiling when cases end, thanks to a laudable 10-3 record. All that, plus a resume chock-full of bipartisan bona fides, is why he's among 12 leading attorneys in the Supreme Court's next generation of sought-after oral advocates.

  • November 09, 2024

    In Case You Missed It: Hottest Firms And Stories On Law360

    For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

  • November 08, 2024

    Judiciary Advisers Back Development Of AI Evidence Rules

    The federal judiciary's advisory panel for evidentiary issues agreed Friday to develop rules aimed at strengthening scrutiny of testimony and materials derived from artificial intelligence systems, saying AI-generated information should meet the same reliability standards that apply to expert witnesses.

  • November 08, 2024

    Fla. Law Firm Gunster To Pay $8.5M Over 2022 Data Breach

    Florida corporate law firm Gunster has agreed to shell out $8.5 million to resolve a proposed class action alleging it failed to properly safeguard the personal information of nearly 10,000 clients, employees, and other individuals from cybercriminals, according to a motion to preliminarily approve the deal filed in Florida federal court.

  • November 08, 2024

    Meet The Attys Arguing Nvidia Securities Case At High Court

    Two former BigLaw colleagues and a onetime Consumer Financial Protection Bureau litigator are set to appear before the U.S. Supreme Court on Wednesday to argue a closely watched case that could change the pleading standards shareholders have to meet to sue companies like Nvidia Corp.

  • November 08, 2024

    SDNY Judge To Assume Senior Status As Trump Takes Office

    U.S. District Judge Valerie Caproni said Friday she plans to take senior status in January, a departure that could leave another vacancy for President-elect Donald Trump to fill on the Southern District of New York bench when he returns to office.

  • November 08, 2024

    Biden Announces SDNY Judicial Pick As Lame Duck Kicks Off

    President Joe Biden announced judicial nominees for the Southern District of New York and the District Court of Guam on Friday night.

  • November 08, 2024

    Ex-Elanco IP Lawyer Lodges Gender Discrimination Suit

    A female former in-house intellectual property lawyer at Elanco Animal Health Inc. sued the pharmaceutical company for gender discrimination in Indiana federal court, alleging she was passed over for a promotion in favor of a less qualified man who later mistreated the women on staff.

  • November 08, 2024

    Sullivan & Cromwell Fees Questioned In Kidde-Fenwal Ch. 11

    Sullivan & Cromwell LLP and the attorney general of California clashed in Delaware bankruptcy court over the firm's interim fee requests for its representation of debtor chemical company Kidde-Fenwal Inc., with the state alleging overbilling and Sullivan & Cromwell claiming California is seeking "payback" for the results of a recent mediation.

  • November 08, 2024

    Mark Zuckerberg Beats Liability In Social Media MDL

    A California federal judge dismissed claims against Mark Zuckerberg in multidistrict litigation alleging Meta concealed social media's risks to young users, finding that plaintiffs failed to show Zuckerberg directly participated in or authorized the alleged concealment despite his control over the company.

Expert Analysis

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Series

    After Chevron: Challenges Loom For PBGC Actions

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    After Loper Bright, two recent actions taken by the Pension Benefit Guaranty Corp. already under scrutiny seem destined to be challenged and resolved under the new standard of judicial deference, which will greatly affect employers with potential withdrawal liability exposure, say Robert Perry and David Pixley at Jackson Lewis.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • Series

    After Chevron: Don't Let Loper Lead To Bank Compliance Lull

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    Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Series

    After Chevron: New Lines Of Attack For FCA Defense Bar

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    Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Series

    After Chevron: Delegation Of Authority And Tax Regulators

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    The U.S. Department of the Treasury and the Internal Revenue Service will face higher standards following Loper Bright’s finding that courts should determine whether agency rules meet the best possible interpretation of the tax code, as well as the scope of the authority delegated by Congress, says Edward Froelich at McDermott.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Series

    After Chevron: What Loper Bright Portends For The NLRB

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    While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.

  • Series

    After Chevron: NRC Is Shielded From Loper Bright's Effects

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    While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.

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