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Business of Law
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Mayer Brown Study Shows Firms Are Playing AI Catch-Up
A recent Mayer Brown LLP report shows that leaders at financial and investment firms see mergers and acquisitions as a key method to expand their artificial intelligence platforms, but they also think their firms aren't getting up to speed fast enough.
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July 05, 2024
Rutgers Faces Contempt Bid Over Discipline In Bias Suit
A Rutgers Law School student is asking a New Jersey state court to sanction the university for moving ahead with disciplinary measures against him for defamation, bullying, intimidation and harassment, arguing it violates a protective order he received in his discrimination lawsuit.
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July 05, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
A New Jersey judge ordered a former Apple lawyer to pay $1.1 million to the U.S. Securities and Exchange Commission stemming from criminal insider trading charges, and a Texas judge put the Federal Trade Commission's noncompete ban on hold. These are among the stories in corporate legal news you may have missed in the past week.
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July 05, 2024
Ex-BigLaw Atty Settles Defamation Suit Against Influencer
Former Greenberg Traurig LLP partner Allan A. Kassenoff has settled his $150 million defamation lawsuit against the social media influencer Kassenoff claims ruined his life by lying about his nightmarish divorce.
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July 05, 2024
Law360's Legal Lions Of The Week
New Civil Liberties Alliance, Latham & Watkins LLP, Clement & Murphy PLLC and Cause of Action Institute easily lead this week's edition of Law360 Legal Lions, after persuading the U.S. Supreme Court to overturn a 40-year-old precedent that said when judges should defer to federal agencies' interpretations of law in rulemaking.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
Legal Jobs Continued To Tick Up In June
The U.S. legal sector added 1,400 jobs in June, continuing an uptick that began this spring, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.
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July 05, 2024
Trump-Appointed Alaska Judge Abruptly Resigns
Judge Joshua Kindred of the District of Alaska informed President Joe Biden on Wednesday that he will be resigning Monday.
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July 05, 2024
Armstrong Teasdale To Leave UK, Close 2 US Offices
Armstrong Teasdale LLP's managing partner said the firm "will likely no longer have a direct physical presence in the U.K. or Europe" as it ceases future financial support for its U.K. subsidiary, while aiming to wrap up business in Boston and Salt Lake City by the end of September.
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July 05, 2024
CFTC's Pham Says CCOs Must Be Careful With Agency
U.S. Commodity Futures Trading Commission member Caroline Pham warns that chief compliance officers at CFTC-registered firms may face individual liability for noncompliance matters at their firms, telling Law360 that this shows the need for compliance heads to carefully document their actions to potentially avoid liability.
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July 03, 2024
Cooley DQ'd From IP Case Over Atty's Past Patent Work
Cooley LLP was disqualified on Wednesday from representing a pharmaceutical customer-support software company against patent infringement claims in Delaware, with the district court citing a Cooley partner's prior work representing the plaintiff and Cooley's refusal to screen its attorney.
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July 03, 2024
'Who Does That?' 7th Circ. Pans Walmart's Price Audit Theory
The Seventh Circuit on Wednesday revived a class action accusing Walmart of systematically posting lower prices on shelves than it actually charges, rejecting the retailer's argument that the onus is on customers to keep track of prices as they're juggling various distractions during checkout.
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July 03, 2024
Texas Court Puts FTC's Noncompete Ban On Hold
A Texas federal judge on Wednesday blocked the Federal Trade Commission from enforcing its rule banning noncompete agreements against tax preparation company Ryan LLC and the U.S. Chamber of Commerce and suggested the regulation should be shot down.
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July 03, 2024
NC Solicitor General Faces GOP Roadblock To 4th Circ. Bench
President Joe Biden's selection of North Carolina Solicitor General Ryan Y. Park for a Fourth Circuit seat tops off a distinguished resume that includes a Harvard Law degree and a stint at Boies Schiller & Flexner LLP, but he still faces an uphill road to the bench amid pushback from Tar Heel State senators.
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July 03, 2024
High Court Rulings Thwart Judge Romance Suit, Firm Says
Jackson Walker LLP urged a Texas federal court Wednesday to consider its argument that two recent U.S. Supreme Court rulings on standing prevent a former shareholder in an engineering company from pursuing a racketeering lawsuit over a bankruptcy judge's concealed romantic relationship with an ex-firm attorney.
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July 03, 2024
Bronx Defenders Union Braces To Strike In Less Than 3 Weeks
The Bronx Defenders Union's bargaining committee voted on Tuesday to authorize an unlimited unfair labor practice strike beginning the week of July 22, saying the organization's staff continue to face high attrition, unwieldy caseloads and some of the lowest pay rates of New York City's public defenders.
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July 03, 2024
Dechert To Close Offices In Beijing, Hong Kong, Chicago
Dechert LLP is the latest BigLaw firm to announce it is dissolving operations in Beijing and Hong Kong, and the Philadelphia-founded firm also plans to close its 12-year-old Chicago office, a Dechert spokesperson told Law360 Pulse on Wednesday.
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July 03, 2024
Biden's New Picks Include NC Solicitor General For 4th Circ.
President Joe Biden announced four new judicial nominees on Wednesday, including one for the Fourth Circuit.
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July 02, 2024
Data Breach Suits Drive Consumer Protection Docket Growth
Federal consumer protection lawsuits are back on the rise after nearly a decade of steady decline, with disputes over increasingly prevalent data breaches fueling the uptick, according to a Wednesday report by Lex Machina.
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July 02, 2024
Ex-Senior Apple Atty To Pay SEC $1.1M For Insider Trading
Apple's former director of corporate law must pay $1.1 million to securities regulators stemming from criminal insider trading charges to which he pled guilty in 2022, a New Jersey federal judge said Tuesday, finding that his "egregious" violations warrant the penalty since "his very job" was to ensure compliance with securities laws.
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July 02, 2024
Northwestern Hires 'Mediocre' Minorities Over Men, Suit Says
Northwestern University's law school favors hiring women and minority faculty candidates with "mediocre and undistinguished records" over better-credentialed white men, a conservative group claims in a lawsuit filed Tuesday in Chicago federal court, a year after the U.S. Supreme Court struck down affirmative action in higher education admissions.
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July 02, 2024
YSL Judge Shares Transcript Of Secret Witness Meeting
The transcript of a secret meeting involving Fulton County prosecutors, a key state's witness and the judge overseeing the Young Slime Life case was released Monday, shortly after it was announced that proceedings in the case would be paused until an outside judge reviews motions for the judge's recusal.
Expert Analysis
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How Calif. Arbitrators Can Navigate Discovery Landscape
Recent California state court decisions that created prehearing discovery subpoena constraints make clear the importance of considering the need for prehearing discovery when drafting arbitration clauses, or attempting to remedy the absence of such authority if both parties seek such discovery after an action commences, says Greg Derin at Signature Resolution.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Opinion
USPTO Efforts On Patent Bar DEI Miss Underlying Issues
The U.S. Patent and Trademark Office recent admission criteria changes and proposed design patent bar are mere baby steps in addressing diversity, equity and inclusion before the office, and will have little, if any, impact on DEI, says Stephen Weed at Culhane Meadows.
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Recent Changes Mark A Key Moment For New York High Court
Recent developments in the New York Court of Appeals — from rapid turnover and increasing diversity, to a perception among some of growing politicization — mark an important turning point, and the court will continue to evolve in the coming year as it considers a number of important cases, say attorneys at Gibson Dunn.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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SuperValu's Lesson: Always Be Building An FCA Defense
The recent U.S. v. SuperValu decision confirming that scienter is an essential element of False Claims Act liability should motivate government contractors to prepare for allegations of material misrepresentation by building a record of their honorable efforts toward regulatory compliance, say David Resnicoff and Andrew Patton at Riley Safer.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.