Business of Law

  • June 26, 2024

    Roberta Kaplan Leaving Namesake Firm To Launch Boutique

    Roberta Kaplan, the intrepid litigator who has won landmark victories for LGBTQ+ couples, survivors of white supremacist violence and a writer who accused former President Donald Trump of sexual assault, announced Wednesday that she is leaving Kaplan Hecker & Fink LLP to launch a new boutique with two former prosecutors and a veteran of complex litigation.

  • June 26, 2024

    Justices Chide 5th Circ. In Biden Social Media Case

    The Fifth Circuit relied on "clearly erroneous" facts and an overgeneralized view of standing when it ordered the Biden administration to stop working with social media platforms to combat COVID-19 and election misinformation, the U.S. Supreme Court ruled Wednesday as it threw out a challenge to the government's actions.

  • June 26, 2024

    Supreme Court Bribery Ruling Limits Government's 'Arsenal'

    The U.S. Supreme Court's decision Wednesday limiting the reach of a federal bribery law has removed a "novel" tool that prosecutors employed in a wide range of public corruption cases and could result in fewer prosecutions of state and local officials, experts say.

  • June 26, 2024

    LVMH Can't Yet Collect $490K Award From Former Legal Exec

    A Manhattan judge on Wednesday confirmed LVMH Moet Hennessy Louis Vuitton Inc.'s $490,000 arbitration win for a former legal executive's alleged contract violations, but declined to enforce the payment until the two sides resolve a related sexual harassment and retaliation dispute.

  • June 26, 2024

    House GOP Gears Up For The End Of Chevron Deference

    A new memo outlines how House Republicans are gearing up for the U.S. Supreme Court to potentially overturn the decades-old precedent that courts defer to agencies' interpretations of ambiguous statutes, as an opportunity to roll back the Biden administration's policies and reclaim Congress' power.

  • June 26, 2024

    Texas Planning To Use New Bar Exam In 2028, Justices Say

    The Texas Supreme Court on Tuesday announced that it expects to adopt a new bar examination beginning in July 2028 after considering public comments.

  • June 26, 2024

    5 Indicted In 'Feeding Our Future' Jury Bribery Scheme

    Five people have been indicted in Minnesota for trying to bribe a juror with a Hallmark gift bag containing $120,000 in cash in a failed attempt to influence the first trial of the sprawling "Feeding Our Future" $250 million pandemic fraud case, which recently ended with five convictions and two acquittals.

  • June 26, 2024

    Rep. Seeks Info On Sex Allegations Against Ex-GMU Law Prof

    The chair of the U.S. House Committee on Education and the Workforce has requested information in a letter to the president of George Mason University and its law school's dean regarding the institution's response to sexual misconduct allegations against former professor Joshua Wright, who is also a former Federal Trade Commission commissioner.

  • June 26, 2024

    As Law Firms Raise Fees, GCs Keep More Work In-House

    Buffeted by higher law firm fees, general counsel are continuing a three-year trend of moving more legal work in-house, according to a new legal department survey.

  • June 26, 2024

    Candidate's Nickname 'Fighter' Won't Be On Fla. Ballot

    The Florida Department of State has denied a request by an Orlando law firm owner running for state attorney to include his nickname "Fighter" on the Aug. 20 primary ballot.

  • June 26, 2024

    House GOP Mulls Little-Used Inherent Contempt For Garland

    A group of House Republicans are giving Attorney General Merrick Garland until Friday morning to comply with their demands for the audio recordings of President Joe Biden and his ghostwriter speaking with special counsel Robert Hur during his investigation into Biden's handling of classified documents before they move forward with a vote to hold him in inherent contempt of Congress.

  • June 26, 2024

    High Court 'Inadvertently' Posts Order Punting Abortion Case

    The U.S. Supreme Court mistakenly released a draft order Wednesday that would allow emergency abortions in Idaho, with a majority saying the court was wrong to consider a state challenge at this time.

  • June 26, 2024

    Justices Say Bribery Law Doesn't Criminalize Gratuities

    The U.S. Supreme Court on Wednesday narrowed the scope of a federal bribery law frequently used in corruption cases against local officials, in a 6-3 ruling in favor of a former Indiana mayor who argued the law only criminalizes quid pro quo bribery and not rewards given after an official act.

  • June 26, 2024

    High Court Axes Challenge To Biden Admin's Social Media Work

    The U.S. Supreme Court wiped out a Fifth Circuit order prohibiting the Biden administration and several federal agencies from working with social media platforms to combat the spread of misinformation Wednesday, finding the states and individuals challenging the collaboration don't have standing to sue.

  • June 25, 2024

    GM Gears Up For Legal Dept. Changes With New Top Lawyer

    General Motors said late Tuesday it had recruited a former in-house counsel at Boeing to be its next top lawyer, who will begin the job when the company's longtime legal chief takes a job in GM's driverless car unit next month.

  • June 25, 2024

    3rd Circ. Says Smith & Wesson Can't Sidestep NJ Subpoena

    The gunmaker Smith & Wesson must comply with a subpoena from New Jersey to produce advertising materials requested in a consumer fraud case brought by the state, a divided Third Circuit panel ruled Tuesday.

  • June 25, 2024

    Trump Atty Argues Feds Lied To Get Mar-A-Lago Warrant

    An attorney representing Donald Trump in his criminal case over retaining classified documents after leaving the White House urged a Florida federal judge Tuesday to toss evidence seized during the raid on Mar-a-Lago, arguing the government put false information on the warrant application to search the former president's estate.

  • June 25, 2024

    Gov't Asks Ala. Fed. Court To Stay Gender Care Case

    The Biden administration has asked an Alabama federal court to stay a suit challenging a state law criminalizing gender-affirming care for transgender youth, which has drawn attention because of judge-shopping allegations leveled against plaintiff's counsel, as the U.S. Supreme Court has agreed to hear a separate but potentially precedential suit.

  • June 25, 2024

    House GOP Looks To Hold Biden Ghostwriter In Contempt

    The House Judiciary Committee will consider a resolution on Thursday on whether to hold President Biden's ghostwriter Mark Zwonitzer in contempt for refusing to turn over materials related to special counsel Robert Hur's investigation of the president's handling of classified documents.

  • June 25, 2024

    Ga. Panel OKs COVID Aid To Atty Who Cared For 2 Young Kids

    A Georgia attorney who left his legal job to be the primary caregiver for his young children during the height of the COVID-19 pandemic should have qualified for the Pandemic Unemployment Assistance program, a state appeals panel has ruled, overturning the state's decision to deny benefits.

  • June 25, 2024

    Approach The Bench: Judge Nazarian Touts Mentorship

    Judge Douglas Nazarian of the Appellate Court of Maryland has given a lot of thought to clerkships since he took the bench more than 11 years ago.

  • June 25, 2024

    Lewis Baach Says Chrysler Building Landlord Bilked The Firm

    International boutique Lewis Baach Kaufmann Middlemiss PLLC has sued the landlord for its former office space in the Chrysler Building in New York state court, saying RFR Holding LLC is refusing to return its $275,000 security deposit.

  • June 25, 2024

    Immigration Org.'s Attys Can Be In Union, NLRB Official Says

    Attorneys at a nonprofit providing immigration legal services may remain in a voluntarily recognized union bargaining unit, a National Labor Relations Board regional director concluded, saying the attorneys are not supervisors who are excluded from unionizing under federal labor law.

  • June 25, 2024

    DC Court Of Appeals Suspends Hunter Biden's Law License

    The D.C. Court of Appeals on Tuesday suspended Hunter Biden's license to practice law in the district because of his recent conviction on federal gun charges.

  • June 25, 2024

    House Republicans Look To Cut Justice Department Funding

    House Republicans are looking to slash funding for the U.S. Department of Justice for fiscal 2025, a move that comes as Republicans have been attacking the department for what they deem unfair prosecutions of former President Donald Trump.

Expert Analysis

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • How Calif. Arbitrators Can Navigate Discovery Landscape

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    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.

  • Level Up Lawyers' Business Development With Gamification

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    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.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    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.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    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.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    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.

  • Opinion

    USPTO Efforts On Patent Bar DEI Miss Underlying Issues

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    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.

  • Recent Changes Mark A Key Moment For New York High Court

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    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.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    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.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    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.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    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.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    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.

  • SuperValu's Lesson: Always Be Building An FCA Defense

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    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.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    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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