Business of Law

  • October 09, 2024

    Lame-Duck Judiciary Confirmations? Wait And See

    Democrats have been signaling that they want to surpass former President Donald Trump's record on judicial confirmations, but President Joe Biden's prospects for the post-election period are likely going to be contingent on the election results, according to an analysis published Wednesday.

  • October 09, 2024

    Mass. Gov. Nominates Land Court Counsel To Judgeship

    Massachusetts Gov. Maura Healey has nominated a longtime Land Court staff attorney and administrator to a seat on the court, according to an announcement Wednesday.

  • October 09, 2024

    Feds Seek 16 Months For Ex-BigLaw Partner's Tax Dodging

    Prosecutors told a Wisconsin federal judge that a former Husch Blackwell LLP and Dykema Gossett PLLC partner who pled guilty to tax evasion should be sentenced to 16 months in prison, saying he lied to IRS revenue officers to keep them at bay while spending lavishly on private planes, jewelry and golf club memberships.

  • October 09, 2024

    'Ghost' Florida Atty Left Long Trail Of Irked Judges, Clients

    A Florida lawyer accused in a state court suit of ignoring and defrauding dozens of clients who paid nonrefundable retainers has faced a series of similar allegations in federal court, drawing the ire of judges and opposing counsel.

  • October 08, 2024

    Judge Puts US Trustee's Depo On Ice In Judge Romance Suit

    A Houston judge Tuesday put Jackson Walker's deposition of the U.S. Trustee for the Texas divisions of the bankruptcy watchdog on hold while he considers whether a Justice Department guideline applies to the ongoing dispute surrounding a former Texas bankruptcy judge's secret relationship with an ex-partner of the firm.

  • October 08, 2024

    Ex-Girardi Keese CFO Inks Plea Deal Over Firm Embezzlement

    Girardi Keese's former Chief Financial Officer Christopher K. Kamon reached a plea agreement Tuesday with Los Angeles federal prosecutors, who allege he spearheaded a "side fraud" that bilked millions of dollars from the embattled law firm's accounts behind disbarred attorney Tom Girardi's back.

  • October 08, 2024

    'Alarming' AI Might Aid Research In Patent Fights, Judge Says

    A Federal Circuit judge on Tuesday told law school students at the University of California, Berkeley that while he finds artificial intelligence tools "a little alarming and frightening," he could see how they might be useful for finding prior art in patent disputes.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    Divorced-Dads Firm Beats Fired Paralegal's Retaliation Suit

    A Kansas federal jury on Monday sided with a law firm that bills itself as an advocate for divorced fathers, shutting down a suit from a paralegal who claimed she was fired for speaking up about sexual harassment by one of the firm's attorneys.

  • October 08, 2024

    Justices Divided Over 'Prevailing Party' Status For Atty Fees

    The U.S. Supreme Court appeared noncommital on Tuesday while grappling with what constitutes a "prevailing party" for the purpose of awarding attorney fees in civil rights lawsuits, a question that has broad implications for both government agencies and legal advocacy groups.

  • October 08, 2024

    Judge Security Data Reflects Policy Shifts As Much As Threats

    Former employees of the U.S. Marshals Service say that while judicial security has never been more urgent, finding trends is nearly impossible: The way threats against federal judges are tracked has varied so much from year to year, the data is essentially meaningless.

  • October 08, 2024

    US Airways Renews $139M Sabre Fee Bid For $1 Antitrust Win

    US Airways has renewed its bid for more than $139 million in costs for a long-running case accusing Sabre of monopolizing ticket distribution systems after a jury awarded the airline just $1 in damages following a second trial on antitrust claims.

  • October 08, 2024

    NJ Judge Suspended For 'Admittedly Vulgar' TikTok Videos

    The New Jersey Supreme Court has suspended a state Superior Court judge for three months for posting "admittedly vulgar" TikTok videos of himself lip-syncing songs with sexual content in his chambers and sometimes in his robes.

  • October 08, 2024

    In-House Attys Urged To Spearhead Creation Of AI Policies

    In-house lawyers should craft a single artificial intelligence governance policy for their organizations, build cross-functional teams to assess AI needs and risks and audit and update their AI policy frequently to keep pace with the technology's rapid evolution, according to experts on an Association of Corporate Counsel conference panel.

  • October 08, 2024

    More Law Firms Want To Merge, But Deals Aren't Skyrocketing

    Law firm management consultants say they continue to see historic interest among law firms to engage in merger talks, driven further by a spate of big deals announced during the third quarter of the year, but the number of actual combinations inked has remained fairly steady, Law360 Pulse data shows.

  • October 08, 2024

    Trump Held Back FBI's 2nd Kavanaugh Probe, Report Says

    The FBI's follow-up investigation into sexual misconduct allegations against U.S. Supreme Court Justice Brett Kavanaugh during his confirmation process in September 2018 was restrained by the Trump White House, according to a report released by a Democratic senator on Tuesday.

  • October 08, 2024

    Ex-Aide To NYC Mayor Charged With Witness Tampering

    Manhattan federal prosecutors on Tuesday charged a former aide to New York City Mayor Eric Adams with witness tampering and destroying evidence, alleging he told five witnesses to lie to FBI agents investigating his boss.

  • October 07, 2024

    New Bill Would Enact 'Commonsense' Litigation Disclosures

    A top Republican on the House Judiciary Committee announced Monday he introduced legislation to require the disclosure of parties receiving payments in civil lawsuits, a phenomenon known as "third-party litigation financing," in order to prevent abuses in the legal system.

  • October 07, 2024

    Sparring With Adams, Feds Shadowbox The Supreme Court

    The corruption case against New York City Mayor Eric Adams may be the next front in an ongoing clash between federal prosecutors' desire to police official misconduct and a line of U.S. Supreme Court cases holding that alleged graft does not always amount to a federal crime.

  • October 07, 2024

    State Courts Splitting Over Future Of Climate Change Suits

    Recent decisions on whether climate change suits brought by state and local governments against fossil fuel companies can go forward are exposing splits between state courts over whether they can impose liability for pollution that originates beyond their borders, legal experts say.

  • October 07, 2024

    Court Punts Case Over Trump's 'Eating The Dogs' Comments

    An Ohio county prosecutor is better suited than a court to decide if criminal charges are warranted against Donald Trump and vice presidential candidate JD Vance for allegedly fueling harassment, including bomb threats, against Haitian migrants, an Ohio court has ruled.

  • October 07, 2024

    9th Circ. Nixes Judicial Complaint Over Atty 'Disbar' Threat

    The Ninth Circuit has rejected a judicial misconduct complaint against a judge who allegedly suggested that he could "disbar" a lawyer.

  • October 07, 2024

    Massachusetts' Chief Federal Judge To Take Senior Status

    U.S. District Judge F. Dennis Saylor IV of Massachusetts has notified President Joe Biden he will take senior status on July 31, 2025, the court announced Monday.

  • October 07, 2024

    Apple, Amazon Urge Sanctions For Absent Antitrust Plaintiff

    A no-show named plaintiff should be sanctioned for ignoring discovery obligations in a putative antitrust class action over Apple and Amazon's third-party vendor restrictions for iPhone and iPad sales, the two tech giants have told a Washington federal judge.

  • October 07, 2024

    Ex-Mayer Brown Chair Helman Recalled As Steadfast Leader

    Former Mayer Brown chair Bob Helman, who stepped up to lead his firm through a fraught juncture in the 1980s during his decades in Chicago's legal community, has died at 90 years old, the firm said Friday.

Expert Analysis

  • Roundup

    The Pop Culture Docket

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    State and federal judges reflect on a piece of art or entertainment in popular culture, discussing what it gets right and wrong about the justice system, and what legal practitioners and the general public can learn from it.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • Taking A Walk Down Mandamus Lane After 2nd Circ. Ruling

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    The Second Circuit’s recent decision to deny a writ of mandamus, filed by a law firm after a lower court barred it from representing a Salvadoran oil company, adds to the nuanced and sometimes conflicting mandamus case law that requires careful research before litigants seek appellate review, says Michael Soyfer at Quinn Emanuel.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Roundup

    ESG Around The World

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    While ESG investing has recently become one of the most controversial policymaking issues in the U.S., in this Expert Analysis series, attorneys across the globe tell us about the state of ESG in each of their countries or regions.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks

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    To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.

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